criminal law


October 08, 2017



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Why Was I Flown Back to UAE Over Drunken Criminal Act on Plane?

Question: I was drunk on a flight out of the UAE and accidentally broke the screen on the seat. I was detained and, to my shock, was returned back to the UAE to face criminal charges rather than being dealt with by police at my destination. Why did they do this?

Answer: In this case, I would have to assume that you were using one of the local airlines as both international law and local UAE law states that criminal cases should be dealt with in the country where the airline is based. Article 17/2 of the UAE penal code explains that the country's code is applicable in all commercial airplanes owned by airlines based in the UAE.

Question: A friend of mine owes me money and, a long time ago, my lawyer told me that if I didn't file a case soon, I would no longer have the right to file it as there is a time bar related to the date of the loan contract that would prevent me from doing so. My friend is now saying he needs more time to pay but could I sign a new contract with him to negate the time bar?

Answer: Unfortunately, that is not an option as under article 487 of UAE civil law 5 of 1985, the time bar period cannot be amended by any kind of agreement.

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I have a Criminal Case filed against me for a Medical Malpractice allegation. What will be the likely result of the Criminal Case? Can I pay a fine or is it possible that the judge will order a jail sentence for me? Is it safe to travel to Dubai while the case is being investigated? Thank you
Malcolm Paul
In furtherance to your question, kindly be advised that you will be held liable before a criminal court for medical malpractice if it is proved by the Medical Health Committee. Further, pursuant to the new law, the criminal liability will be decided by the court and which generally entails fine. If a criminal case is registered, there is a possibility that you may not be allowed to travel.

Please feel free to contact us for any further assistance.   Dr. Hassan Elhais

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