Question: I've been having family problems and I'm in a bad psychological state. I tried to commit suicide but I was arrested and faced charges. Can my bad psychological condition be used as an excuse to avoid jail or at least reduce any sentence given to me?
Answer: According to article 60 of UAE Federal Criminal Law No 3 of 1987 and its amendments, "a person shall not be criminally responsible if, at the time of the crime, he was unconscious or out of his senses because of madness or mental handicap, or because of unconsciousness caused by drugs, narcotics or intoxicants of any, whether given to him forcibly or taken by him unknowingly, or for any other cause which has been scientifically proven to obliterate comprehension or will". So, this means that there are two psychological states that a judge must consider - whether a person is conscious and in control of their actions or whether they are unable to control their actions. If the latter is seen as the case, the person would not be liable for an act such as trying to commit suicide. The court has the discretionary power to determine the psychological status of the accused, with the help of medical reports and other means of gaining information, such as defendant and witness interviews. So if you can prove that you were unable to control yourself, the court may decide that you are not liable for your actions and the case would be dismissed.
UPDATE:
The United Arab Emirates abrogated the earlier Penal Code (Federal Law No. 3 of 1987) and issued a new law to govern crimes and penalties, called the Federal Decree-Law No. 31 of 2021 on the Issuance of Crimes and Penalties Law. The new Penal Code was issued on 20 September 2021 and came into force on 2 January 2022. The provisions relating to exemption from criminal liability due to lack of mental capacity are now detailed under Article 62 of the new Penal Code.
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