Questions are often raised to the criminal lawyers in Dubai regarding the criminal accountability of parties who merely supported the commissioning of a crime and were not directly involved, or parties who were directly involved but did not commit the crime.
These individuals are legally termed “accomplices” who play different roles in assisting the perpetrator in his crime.
The UAE Penal Code (the Federal Decree-Law No. 31 of 2021 On the Issuance of the Crimes and Penalties Law), under Chapter 3 provides for the concept of an accomplice or criminal conspiracy.
Under Article 45 of the Penal Code, a person who commits a crime alone or as a direct accomplice shall be referred to as the perpetrator of the criminal act.
However, the perpetrator would be considered a direct accomplice in the following circumstances:
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if he perpetrates the crime with another;
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if he assists or participates in a criminal act, which consists of several acts and he intentionally commits one of the acts;
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if he aids another person, by any means, to commit such an act and the latter is not held criminally responsible for this act for any reason.
In addition to this, an accomplice will be considered as an accomplice by causation in the following instances as highlighted under Article 46 of the Penal Law:
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if he aids and abets the perpetrator to commit a criminal act and the crime is based on such incitement;
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if he agrees with another person to commit a crime and where such crime is committed based on such agreement;
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if he provides a weapon or a tool to the perpetrator for the commission of the crime or assists the perpetrator in any other way to commit such an offence.
A difference can be witnessed between a direct accomplice and an accomplice by causation in the Penal Code. Under Article 47 of the Penal Code, an accomplice by causation who was present at the site of the crime with the intention to commit the crime will be considered a perpetrator itself, if such a crime is not committed by another person. However, an accomplice will not be punished if he proves the lack of criminal intent in the commission of such a crime (Article 49).
Article 53 of the Penal Code further states that if there is a change in the crime based on the knowledge or intention of the perpetrator, the accomplices to the crime, either as direct accomplices or by causation, will be punished in accordance with the intention and knowledge of the perpetrator of such crime.
Defence of the Accomplice
While on one hand, the Penal Code holds the accomplice liable for his intention in the commission of a crime, on the other hand, it allows him to take certain specific defences, which are described under Chapter 4 of the Penal Code.
The foregoing chapter concerns the causes of legitimacy, wherein any individual who is charged under the act of an accomplice can claim defence under the right of legitimacy in performing his duties or under self-defence.
Article 54 of the Penal Code states that an act will not be considered criminal if the act was performed in good faith while exercising a right established under the provisions of Shariah or the law and within the scope of this right. These include:
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Performance of medical surgery or medical activities in accordance with the principles applicable to licensed medical professions, having the consent of the patient.
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Violence in a sports game according to the rules of the game.
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Acts of violence committed against a person caught red-handed with the intent of apprehending him and to the extent necessary.
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Accusations are exchanged between the litigating parties or their legal representatives, provided that this is done in good faith.
Right of Lawful Defence
Article 58 of the Penal Code provides for the right to self-defence and any act committed while exercising the right of self-defence will not be considered a crime. The law further provides for various instances under which the action will be viewed as a right for self-defence such as:
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where the defender faces an imminent danger to himself or his property, or in defence of the life or property of a third party or where he presumed the existence of such danger on reasonable grounds.
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The defender has no recourse but to reach out to public authorities in order to avert the danger.
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The defender does not have any other means to avoid such danger.
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The act was necessary to avoid danger.
Conclusion
Any individual who has a criminal intent to commit an offence and assists another by various means either directly or by causation will be liable for punishment under the criminal law of the country as long as his abetment was the probable cause of the happening of such a criminal act.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE criminal law matters, including criminal investigations, procedural questions and criminal-law disputes. For readers researching a criminal lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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