criminal law

|

February 23, 2019

|

3208 views


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



Dubai Legal Consultants will hereby provide you with a brief overview of the most common offence in the UAE that is Breach of Trust. UAE Legislative Framework The Criminal Law of UAE, Federal Law Number 3 of 1987 governs fraud and breach of trust within UAE. Breach of trust is a common scenario where a trusted employee or a business partner takes advantage of their position to detriment the employee or another partner.

Article 404 of the Criminal Law criminalizes breach of trust as follows: "Shall face penalty by way of detention or a fine, whoever embezzles, uses amounts, bills or any movable property to the prejudice of the owner whenever the concerned movable property is handed over to him through deposit, lease, pledge, loan for consumption or by way of proxy.

In the application of this provision shall be considered as a proxy, the joint owner of the property, the officious on the property of the interested owner and whoever received something to be used in a specific matter for the benefit of its owner or of others." It is believed that the joint owners of the immovable property are held by them in trust and any violation of this provision would allow the innocent business partner or the employer to seek adequate justice from the criminal court.

However, the penalty by way of imprisonment or fine shall be at the discretion of the court depending upon the intensity of the offence and its categorization. Courts are liberalized to issue any penalty in order to deter residents from committing such offence. Nevertheless, breach of trust is also referred to as misdemeanour for which a fine of maximum AED 30,000 shall be imposed along with imprisonment of a maximum term of 3 years. In addition, the term fraud is often confused with breach of trust and used interchangeably.

Although both the terms depict the dishonesty of the accused, however, the law differs both as under Article 399 of the law states the circumstances which can be considered as fraud as follows: "Shall be sentenced to imprisonment or to a fine, whoever succeeds in appropriating, for him or for others, movable property, a deed or a signature thereon, cancellation, destruction or amendment thereof through deceitful means or use of false name or capacity, whenever this leads to deceit the victim and have him give away shall be sentenced to the same penalty, whoever disposes of an immovable or movable property being aware that it is not his property, that he is not entitled to dispose of it or disposes of it knowing that he previously disposed of, or contracted, it whenever such act of disposition causes prejudice to others.

Should the object of the crime be the property or a deed belonging to the State or tone of the bodies mentioned in Article (5, this shall constitute an aggravating circumstance. An attempt shall be sanctioned by detention for a term not exceeding two years or a fine not in excess of twenty thousand Dirham. When condemning the recidivist to detention for a period of one year or more, the court may order putting him under control for a maximum period of two years provided it does not exceed the period of the adjudicated penalty."

New Technology New Punishment In the aforementioned scenarios, if in any event the accused has used an electronic device, he can be convicted under UAE Cybercrime Law, Federal Law Number 5 of 2012. The Cybercrime Law imposes stricter punishment for similar offences as compared to the Penal Code. A criminal complaint can be registered if: Intentionally using a forged document; Forging a document through electronic means; Using technological means to obtain property illegally; Unlawful ways of accessing bank accounts electronically; Unauthorized usage of the electronic system.

Some common instances of breach of trust involve unauthorized access of client details, accounting records or banking details of the employer to frequently transfer money. Nevertheless, the civil law system of UAE also allows the victims to initiate civil proceedings to seek compensation for the damages incurred. The claimant can run both the cases simultaneously or can register a criminal complaint and post receiving favourable judgment can proceed with the civil case to obtain adequate damages.

  • Bail Procedure
  • Rules and Regulations Followed in Criminal Cases
  • In the UAE, Compensation Is Divided into Two Categories:Tort and Contractual Liability
  • Criminal Law Informative Videos

    Criminal Law - Video
    What happens when there has been a breach of trust?
    Learn about the 5 points to remember regarding breach of trust...
    Criminal Law - Video
    Difference between aggravated theft and theft
    r. Hassan Elhais will explain the Difference between aggravated theft and theft...


    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.


    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
    Client

    ...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
    Client

    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
    Client

    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

    Comments

    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.


    Select your Language:

            

    Main Menu