- Legal Articles
- Ask Elhais
August 08, 2023|
Five men convicted of murdering a security guard in Dubai over 17 years ago had their appeal for early release denied by a Dubai court. The culprits, from India and Pakistan, were part of a gang that committed the crime in 2006 during a robbery at a Jebel Ali building site. The security guard had confronted the gang during the theft, leading to his tragic demise. After serving more than 15 years in prison, the men sought early release, but their request was rejected. Al Rowaad Advocates' senior legal consultant, Dr Hassan Elhais, sheds light on the decision by the Dubai court to deny the early release appeal of five men. He explains that early release requests in the UAE are evaluated by a dedicated committee, focusing on the prisoner's behaviour during their term and potential risks upon release. The culprits can submit another appeal in two years.
March 25, 2021|
Eighteen years ago, a 22 year-old Indian man was jailed for life in the UAE. Now, aged 40, he has had his second request for release turned down. The man was part of a 2003 plot to steal from a shop owner in Naif that turned into murder when the owner regained consciousness as the three robbers were still in his shop. I outline in The National that UAE laws dictate a committee review all pleas for release from life sentences, which can be made after 15 years. The circumstances of the crime are no longer relevant - rather the inmate's conduct during incarceration and whether they remain a risk to society.
June 25, 2020|
The suspect in a high-profile double-murder during a botched robbery in Dubai's Arabian Ranches could face the death penalty after serving a life prison sentence, due to the circumstances of the crime. I provided my legal opinion in a number of media stories on the case, explaining that Article 332 of the UAE Penal Code outlines the death penalty in any of five circumstances, including burglary at night, with a use of weapon, the number of victims being higher than one, and the multiple number of crimes - with the suspect also attempting to kill the couple's teenage daughter, who survived the attack.
May 21, 2018|
In my publication this week, I discuss about the wavier from criminal case, only if waiver shall be signed before the judicial authority.
May 06, 2018|
In my publication this week, I discussed about crimes that include public rights cannot be closed by waiver of charges against the victims, though such waiver may be taken into consideration by the judge for deciding the punishment for the crime. I also discussed the time limit for filing appeal against a judgment and also that appellant's own appeal cannot be used against the appellant to enhance the sentence.
April 15, 2018|
In my publication this week, firstly I explained that an individual's preceding conviction record will continue to exist in UAE, and the same may reflect if one applies for a police clearance letter. Secondly, I explained that if the construction on the real estate project situated in Dubai stopped for more than 6 months, then the Buyer has a right to demand termination of the contract and request a refund of the paid amounts together with 9% interest and legal cost incurred.
August 26, 2017|
In my publication this week, I discussed about lack of mental capacity as an available legal defence in a criminal case. I described a scenario where a person raised 'lack of mental capacity' defence on account of committing theft in the UAE.
July 07, 2017|
In this weekly publication, I discussed about legal implications, particularly rights and obligations of a car owner when he or she gives his or her car for valet parking. I started my discussion by elaborating the responsibility of a valet service provider in the event of an accident or damage. I also explained the steps that one needs to take if the valet service provider returned the damaged vehicle to the owner. Lastly, I explained a legal concept 'burden of proof' which is relevant in proving liability and responsibility between the parties.
May 29, 2017|
In this publication, I discussed about potential penalties for publicly eating and drinking during Ramadan, or the acts of encouraging eating or publicly drinking during Ramadan.
April 01, 2017|
In my publication this week, I discussed about possible punishment for disclosing confidential information of an employer to a third party without their prior permission.
March 04, 2017|
In my newspaper publication this week, I discussed about the general process or steps to follow in the event of an arrest.
July 23, 2013|
Dr. Hassan Elhais is quoted In the below article in The National newspaper explaining how while the UAE penal code has elements derived from Islamic Sharia law, it is not a direct enforcement of Quranic law.
Total Publications: 15