Question:
What are the long-term consequences of being convicted of a federal crime?
Answer:
The immediate effect of being convicted of a federal crime is facing the punishment that is imposed by virtue of the law. The Federal Law no. 3 of 1987 promulgating the penal code and its amendments (‘UAE penal code’) categorizes the types of criminal offences majorly into three categories of : i) Contraventions or (mere violations, ii) Misdemeanors, and ii) Felonies. Of these ‘felonies’ are the most serious categorization of the different types of crimes.
For contraventions: the punishments usually include confinement for a twenty-four-hour term and also followed with a fine imposed on the offender for the said violation.
For Misdemeanors: the punishments imposed include physical confinement, penalty fine or even imposing payment of blood money (‘Diyat’).
For Felony: As these constitute the most serious of crimes, the punishment imposed includes payment of blood money (‘Diyat’); imprisonment term that may also include ‘life imprisonment’ and even imposing of the death penalty. Deportation can also be imposed in cases of expats.
Imposing the punishments based on the court judgment is thus the most direct consequence of a conviction under the criminal laws in the UAE. In addition, there are other collateral damages or consequences that can occur due to a criminal conviction. Such collateral damages are discussed hereinbelow:
- Employment Restrictions: Having a criminal record outside UAE can potentially bar you from obtaining a UAE residency visa. Further, if you are convicted of a criminal offence in the UAE, it allows your employer to terminate your employment with immediate effect pursuant to Federal Law no, 8 of 1980 and its amendments (the ‘UAE labour law’). Article 120 (6) of the UAE labour law states that ‘An employer may dismiss a worker without notice if the worker is finally convicted by a competent court of a crime against honour, honesty or public morals. Terminations in such instances can be with the denial of the ‘end of services benefits’ due to the said convicted employee (Article 139 (1)).
- Deportation: As we discussed earlier, deportation may be imposed on expat residents who are convicted of a felony in the UAE. This type of deportation is imposed under a court order against an expat who has been sentenced to a felony. Pursuant to article 121 of the UAE Penal code, ‘a foreigner, who is sentenced for a felony by custodial punishment or for crimes involving sexual assault, shall be deported from the State’. For other misdemeanours, the UAE courts may still award deportation as an alternative penalty to a custodial punishment that may be imposed in such cases. Pursuant to Article 28 of Law no. 6 of 1973 and it’s amendments on ‘Entry and residence of foreigners’, an ex-pat who has been deported from the UAE may not be allowed to return back to the country unless with special permission granted from the director-general of the federal authority of identity and citizenship (GDRFA).
- Permanent Criminal Record:
A criminal record is maintained in the UAE for a person convicted of a crime. Pursuant to Article 2 of the Federal law no. 36 of 1992 on ‘Rehabilitation’ and its amendments, ‘a convict shall be rehabilitated and restored by the law if he or she is not convicted of a felony or misdemeanour that appears on their record within the following periods of time:
- if the person is convicted of a felony and five years have lapsed as of the penalty execution, amnesty or prescription.; or
- if the person is convicted of a misdemeanour and three years have passed as of the execution of the penalty or amnesty unless the convict recommits the misdemeanour or the penalty has lapsed due to the prescription, in which case the period shall be five years.’
