Category: Criminal Law

Criminal law covers cases that relate to crime where laws regulate social conduct and proscribes threatening, harming, or otherwise endangering the health and safety of other people. This includes punishment for violations of these laws.

Compensation Claim by Victims of Crime in Dubai UAE

Posted by administrator on August 16, 2018

How Do I Claim Compensation As A Victim Of A Crime In Dubai?

A person who files a criminal case against another person or party is seeking justice in terms of the crime having been committed. This will not, however lead to a payment of compensation being made to them without further action. Even in the event the accused is found guilty and made to pay a fine, that fine is paid to the court and not to the person who made the complaint (in essence, the person was found guilty of committing a crime against the law of the UAE). To make a claim for compensation, a case must be filed in the civil court.

With the case filed in civil court, it is possible for the judge in the criminal case to make the award of compensation at the time of judgement in the criminal matter, provided there is not an onerous burden placed on the criminal court in terms of determining the weight or validity of the damages claimed. If this is the case, the criminal judge will insist the claim for compensation is pursued in the civil court.

Even if the defendant is found not guilty of the criminal proceedings, the case for compensation may still have merit if there are elements such as breach of contract to consider (which are not covered by the criminal proceedings).

If during the crime, damage was done with financial consequence to an insurer, the insurer can make a claim for compensation at any time during the criminal proceedings.

When does an Arrest of an Individual happen in UAE

Posted by administrator on July 8, 2018

Criminal Case in Dubai UAE

When does an Arrest of an Individual happen in UAE

An expat living in UAE or a tourist must know the national law of the UAE to avoid being arrested or hand cuffed even if the committed crime was not intentional.

The following consists of a list of criminal offences which an individual must be aware of:

a- Using offensive/vulgar language or making rude gestures can render an individual liable of a criminal offence.

b- Adultery which implies having an affair outside marriage with your married partner is an offence.

c- Display of affection such as cuddling or kissing.

d- Tourist couples who are unmarried are strictly not entitled to book a single hotel room.

e- It is not allowed to drink in public or unlicensed venue due to sharia law but you may drink in pubs, clubs and bars (licensed venues)

f- Like all other countries bringing drugs to UAE is unlawful and using or selling is also an offence and can get you a jail sentence for a minimum of four years or even death penalty in some circumstances

g- Charity fundraising without government approval can get you in trouble for doing good due to strict fundraising laws

h- Don’t even think of posting anything that is anti UAE or antigovernment on social media as this can get you in trouble

i- Public protests are not likened by the UAE government and to prevent them the government can arrest you and put you in jail

j- Any kind of racist, insulting or sending derogatory text messages can get arrested and jailed

Bounced Cheque in UAE

Posted by administrator on June 17, 2018

“I received a bounced cheque in UAE. What do I do?”

A bounced cheque in UAE is considered a crime and as per the rules, instead of jail term there will be fines issued considering bounced cheque as a misdemeanor on the following basis,

– There is no date mentioned
– It is not signed by the drawer
– Does not clearly state the word “cheque”
– Does not specify the amount issued
– If it does not mention drawer and the beneficiary name

The new rule states that a bounced cheque of upto 50,000 will be given a fine of aed 2,000, for cheque between 50,000 to 100,000 will be given a fine of aed 5,000 and lastly for cheque between 100,000 to 200,000 will be given aed 10,000 fine.

A postdated cheque is not considered a crime. However, the cheque will be invalid if the date is not incorporated on the cheque or it contains fake duplicate signature or any sort of mark.

Please note that a bounced cheque crime may not be intentional but still the offence takes place once the cheque has been presented.

If you have received a bounced cheque and want to have your investment back, our debt collection lawyers are available to assist you in recovering your funds/assets.

Revoking the Bail in UAE

Posted by Al Reyami on May 27, 2018

Revoking the Bail in Dubai | How to process

There is a fair possibility of the bail given to the client be revoked as per article 115 of criminal procedures law under the following circumstances which are:

1. If the accused has been absent to a hearing in court, in which case there is a breach of order which can lead to cancellation of the bail.

2. The person giving surety for the bail of the accused may be revoked if that person withdraws

For these two above mentioned reasons, it is necessary to seek help from a lawyer from the beginning till the end to help you bail out, to understand and not be in contradiction of the laws intentionally or unintentionally.

Furthermore to revoke the bail an application can be submitted explaining the incident of the case.

Please note as per article 117 of the UAE law the victim of the crime cannot request imprisonment for the accused or involve in any discussion in regards to bail.

Bail in the UAE

Posted by Al Reyami on May 20, 2018

Dubai Criminal Lawyers – When Do I Need Assistance | How to Process Bail in Dubai

Bail is the procedure of giving temporary release to the person accused of the crime on deposit of some guarantee to the court.

The UAE bail procedure is the same as everywhere with no change in definition and has the same importance for the clients that is to get their members out on bail as soon as possible.

For being charged with minor crime, Dubai public prosecution has the right to release the accused on bail but for serious crimes like murder or robbery where verdict is a death penalty or jail sentence for life then only bail or release is not applicable as per article 111 of UAE criminal procedures law.

The temporary release of the accused on bail requires that he or she provides some guarantee to confirm their appearance in the court proceedings. The guarantee may involve retaining the passport of the accused or their family members and friends. Furthermore money can also be deposited in the courts as a guarantee or a solvent person can be the guarantee as well for a certain amount to be paid if the accused violates the bail provisions.

The violation of bail provisions can lead to takeover of the guarantee by the government before the final verdict, similarly if the case has ended; the guarantee given by the accused will be returned in full and also will be released from any undertaking.

Interpol Notices

Posted by Al Reyami on April 1, 2018

Interpol Notices | Know The Different Notices and Legal Procedure

Interpol notices refer to different types of notices which are issued by countries sharing key information about criminal offenders or suspects. By exchanging cooperation between Interpol countries, there is a higher likelihood of ensuring security and law and order. These types of notices which Interpol countries draw to effectively maintain law and order are:

1- Blue Notice
When the requesting country does not know the identity, location or activities of the criminal offender then Blue notice is issued through Interpol. Upon the criminal offender being found, the country informs the requesting country about it.

2- Orange Notice
Orange Notice is primarily issued when a country is in possession of genuine information that an individual or suspect is likely to constitute a threat to a country or commit an act of terror, thereinafter the other country is informed about the suspect being a danger to its security.

3- Red Notice
Red Notice is issued when the person has committed a serious grave criminal offence. Upon request of country, the criminal is placed under surveillance and arrested till extradited to the requesting country.

4- Green Notice
To provide warning and intelligence about the criminal offence committed by the offender.

5- Black Notice
Black Notice is issued in the event that there is a dead body of a person in a member country of Interpol; thereinafter this type of notice is made so as for individuals to identify the dead human body through Black notice

6- Yellow Notice
The notice is issued to locate and identify the missing or unidentifiable person

7- Purple Notice
The issuance of this notice is to seek and identify the methods and equipment’s used by the criminals.

Fraud in the UAE

Posted by Al Reyami on November 15, 2017

Fraud in the UAE | UAE Law Against Fraud

Any personal or financial gain that a person obtains through wrongful or criminal deception is known as fraud.

Fraud in UAE is considered a serious crime and a person who is found guilty of committing fraud may receive a jail sentence or a fine. The punishment for fraud can range from 1 month to 3 years in jail although in a case of fraud against a government institution, that punishment could be extended up to 6 years in jail. If a judge was to decide that the punishment will be by way of a fine, that could range from AED 30,000 to AED 60,000, depending on the severity and the judges discretion.

Even in the event both parties agree upon a settlement, the guilty party may still be required to pay a fine. In that case, however, it may be possible to have the fine lowered.

If a person found guilty of committing fraud is convicted of the same crime again, they can be put under surveillance for a period of up to 2 years or even for a period that matches the previous jail sentence.

The punishment for attempted fraud can be up to 2 years in jail with a fine of up to AED 20,000 if that person is found guilty.

The rules change somewhat if a charge of fraud is related to a family member. In that instance, the public prosecutor is not able to pursue the case independently and the charges themselves must be brought by the accuser. In this instance, if the case is settled out of court, there will be no further action by way of fines issued over and above the settlement.

Theft in Dubai

Posted by Al Reyami on October 18, 2017

Theft Cases in Dubai UAE – Laws Against Stealing

Theft is considered as the removal or taking of someone else’s property or assets with the intention of retaining possession without their permission.

This is considered a serious crime in the UAE and the punishment available to a judge can range from a fine to a jail sentence. A jail sentence would usually be between 6 months and 3 years but can be even higher in specific circumstances. The sentence can rise as high as 7 years for theft in the workplace by an employee or even higher if a lethal weapon is used in carrying out the crime. Some common examples of theft cases and typical penalties are:

Using a vehicle without the permission of the owner – jail sentence of one year or AED 10,000 fine.
Employee theft, stealing from their employer’s office – jail sentence of 5 to 7 years.
Grazing. Eating food in a store or supermarket without paying.
Failing to pay for a meal consumed in a restaurant can be treated as a crime but will be up to the judge to determine if the refusal to pay is valid. A valid reason might be that the food was not as ordered by the person or that it was of poor or inedible quality.
If a bank or money exchange accidently hands over a higher amount of money than the person is entitled to (such as a counter withdrawal or cheque encashment) it would be considered theft if the person deliberately keeps the additional money.

Alcohol in Dubai

Posted by Al Reyami on August 23, 2017

Alcohol Law in Dubai | UAE Alcohol Law

New arrivals and first time visitors will have heard that the Alcohol Consumption Law in the UAE is very strict. As an expat resident, you should have a thorough knowledge of what these laws mean to you, even if just to be on the safe side. In this piece, we summarize alcohol licensing in Dubai and give an aide memoir regarding the licensing laws which, if broken can result in a jail sentence or even deportation:

1- According to the law, it is strictly forbidden for Muslims to drink alcohol as per their religion

2- As a non-Muslim, you will only be allowed alcohol consumption where you hold a valid alcohol license. The license is issued by the police authority which you should have with you when consuming alcohol.

3- You will be granted an allowance relating to the amount of alcohol you can purchase from a store for use at home which is relative to your income.

4- Holding an alcohol license permits you to consume alcohol at your home or in licensed premises. The law does not permit the consumption of alcohol in public places such as the beach or the park.

5- Each emirate has their own license and the license you hold determines where you can purchase alcohol. A Dubai license does not allow you to purchase alcohol from a store in Ajman for example.

6- Driving under the influence of alcohol is not permitted here as it is not permitted in most places the world over. Remember, in the UAE there is a zero-tolerance policy on this point and you should be cautious when driving the morning after. Small traces of alcohol in your system that would be acceptable in your home country are likely to land you in legal hot water here, and you will need assistance from criminal lawyers in Dubai.

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Illegal Drugs Law in UAE

Posted by Al Reyami on May 2, 2017

Drugs Law in UAE | Possession of Illegal Drugs Criminal Charges in Dubai

UAE law relating to drugs has undergone significant change, the most notable factor being a slight reduction in punishment for some first-time offenders. The options to commit the accused to a rehabilitation center can be sought providing the offender has good counsel to represent their case with other possible judgments including fines and community service.

Of course, receiving a jail sentence remains a very real possibility although a move towards sentences of 2 years rather than 4 appears to be the norm.

It is prudent to remember that, despite these changes, UAE law is very strict when it comes to drugs, and is considered a criminal act. This extends to prescription drugs and is not limited to recreational ones. Be sure to check that any medication you have been prescribed in your home country is not a banned substance in the UAE and always keep your prescription to hand.