civil law


October 24, 2022



| Your comment matters, please click here to rate article!

Trespassing, in common parlance, means entering and /or staying at a person’s property without the permission of such person.

Meaning of Trespassing

Like in many other jurisdictions, trespassing is also an offence under the UAE Laws. Under the Federal Decree Law No. 31 of 2021 (UAE Penal Code), any person who enters a place of living or safe keeping, against the wishes of the concerned person, is considered a trespasser. The offence of trespassing is punishable with fines of up to AED 10,000 or imprisonment of up to 1 year Article 474 of the UAE Penal Code provides this.

Article 474 of the UAE Penal Code is set out below for reference.

“Any person who enters into an inhabited place or a place intended for dwelling or any of its appurtenances or a place intended to safeguard money or a real estate, against the will of the concerned person, and in other than the cases indicated in the law, and any person who remains therein against the will of the person who has the right to evict him if he is found hiding from such rightful person, shall be liable to a jail sentence for a period not exceeding one (1) year or a fine not exceeding AED ten thousand (10,000).

The court shall order the eviction of the convicted person from the place of the crime.”

Trespassing with other offences

Often, when an individual had trespassed onto a place, the offence is accompanied by other offences, such as robbery or burglary, or similar actions. For example, under Article 436 of the UAE Penal Code, crime of domestic burglary may be punishable with life imprisonment if it is committed at night, by two or more persons with one of them carrying a weapon, by way of coercion or threat to use a weapon, and is committed in an inhabited place with the criminal having entered the place by climbing or breaking or by other unlawful means.

Article 436 is quoted below for reference.

“Life imprisonment shall be imposed against any person who commits the crime of domestic burglary if all the following circumstances are met:

  1. That it is committed at night.
  2. That it is committed by two persons or more.
  3. That one of the criminals is carrying a weapon.
  4. That it is committed in an inhabited place or used for dwelling or in any of its appurtenances, and that the criminal has entered by climbing or breaking or by the use of false keys or by assuming a public or false capacity, or by pretending to perform or assume a public service, or by any other unlawful means.
  5. That it is committed by way of coercion or threat to use a weapon.”

In fact, in an appeal before the Federal Supreme Court, in cases 564 and 683 of 2018, the accused had trespassed into the victim’s property and had subsequently raped and killed her. The Supreme Court in its decision dated 13 May 2019, upheld the decisions of the lower courts of convicting the accused for trespassing, raping and killing her and ratified the sentence imposed on the accused.


One must be conscious of trespassing onto another person’s property and avoid any such actions which may lead to criminal liabilities. It may be relevant to get in touch with criminal lawyers or experts who are adept at handling criminal matters on a daily basis in the event you get embroiled in a criminal matter.

Related Links

Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.


No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.

Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Select your Language:


Main Menu