Answered by Dr. Hassan Elhais Question: I'm an adult in my thirties and I have a problem with my desire to steal small items from shops, even if I don't need them. I have now been arrested for this and I'm worried about the outcome in court. My psychiatrist says that I have kleptomania, a condition where people feel a great urge to steal. Could I use this as an argument in court?
Answer: Yes, you may use this in court as a legal arguments, especially as article 60 of Law 3 of 1987 and its amendments, called the Penal Code, states: "A person shall not be criminally responsible if, at the time of crime, he was unconscious or out of his senses because of madness or mental handicap or because of unconsciousness caused by drugs, narcotics or intoxicants of any, whether given to him forcibly or taken by him unknowingly, or for any other cause which has been scientifically proven to obliterate comprehension or will". According to this, you could argue that you were not responsible for your actions because of your condition. The criminal court might refer you to an expert, who would be tasked with providing a medical report on your claims and whether you were aware of and able to control your actions at the time of committing the crime or not. If the report is in your favour, it should have a significant impact on the verdict. If it finds that you were partially conscious of your actions, that might have a partially positive impact on the verdict, meaning the sentence could be less severe than if you were fully conscious and accountable for the theft.
UPDATE:
The United Arab Emirates abrogated the earlier Penal Code and issued a new law to govern crimes and penalties, called the Federal Decree-Law No. 31 of 2021 on the Issuance of Crimes and Penalties Law. The new Penal Code was issued on 20 September 2021 and came into force on 2 January 2022.
Your email address will not be published. Required fields are marked *
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.
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.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
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.
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.
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.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
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.
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.
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.
Contact Me
