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.

Punishment for Spreading Rumours in UAE

Punishment for Spreading Rumours under UAE Cyber Crime Law. False information Law | Fake News Law

Federal Law No. 5 of 2012, Federal Law No. 12 of 2016, and the Electronic Media Regulation of 2018 governs issue of transparency and spreading false information on social media. UAE authorities fasten down rumours and warns UAE residents about the gravity of spreading rumours. In addition, they have adopted measures to combat the same by public awareness campaign and implementing course curriculum educating students about false news in digital era.

These laws are intended to regulate and impose severe punishment on those who are rumourmongers and found guilty of circulating fake news within UAE. The above law pertains to impose sanctions to cyber-crime. Any breach of privacy, illegal access to information or misuse of information can be defined as a cyber-crime in the UAE. In addition, these laws govern offenses such as sharing and posting online content that violates the privacy of others, insulting the symbols of the state and religions, calling for overthrowing the government of the UAE, and disseminating hate speech and inciting violence.

Specific provisions of the law impose the following sanctions:

Article 21 of Federal law No. 5 of 2012 imposed imprisonment of at least six months and a fine between 150,000 UAE dirhams and 500,000 UAE dirhams or either of these two penalties to whoever uses a computer network, electronic information system, or any tools of information technology to invade the privacy of another person. In addition, the same provision enhances the penalty to a period of imprisonment of at least one year and a fine between 250,000 UAE dirhams and 500,000 UAE dirhams or either of these two penalties when a person uses an electronic information system or any information technology means to alter a record, photo, or scene for the purpose of insulting, offending, attacking, or invading another person’s privacy.

Article 24 of Federal law No. 5 of 2012 punished by imprisonment and a fine between 500,000 UAE dirhams and one million UAE dirhams whoever establishes, administers, and runs a website or publishes on a computer network or any method of information technology online content promoting rioting, hatred, racism, sectarianism, or damage to the national unity or social peace or disturbance of the public order and public morals.

Article 28 of Federal law No. 5 of 2012 imposed imprisonment and a fine not to exceed one million UAE dirhams whoever establishes, manages, or runs a website or uses information on a computer network or any means of information technology to transmit information, news, or cartoon drawings or any other pictures for the purpose of endangering the national security and the higher interests of the State or to disturb the public order.

Article 29 of Federal law No. 5 of 2012 punished by imprisonment and a fine not exceeding one million UAE dirhams whoever publishes information, news, statements, or rumours on a website or any computer network or by any means of information technology to damage the reputation, prestige, or stature of the State or any of its institutions or its president, vice-president, any of the rulers of the Emirates, their crown princes, the State’s flag, the national peace, the Emirates’ coat of arms, the national anthem or any of the national symbols.

Article 30 Federal law No. 5 of 2012 sanctioned life imprisonment whoever establishes, manages, or runs a website, or publishes information on a computer network or by means of information technology to overthrow the State, change or seize its ruling system, or violate the country’s constitution or laws or oppose the basic principles that constitute the foundations of the State’s ruling system

Article 38 and 39 of Federal law No. 5 of 2012 imposed term of imprisonment whoever publishes online any incorrect, inaccurate, or misleading information that damages the interests of the State or tarnishes its reputation, prestige, or stature or any person who fails to remove or block access to illicit content after receiving a notice from the federal authorities.

Federal Law No. 12 of 2016 imposed a term of imprisonment and fine between 500,000 UAE dirhams and two million UAE dirhams to whoever uses a fraudulent IP address by using a false mailing address or a third-party address or by any other means for the purpose of committing a crime or preventing its discovery.

Finally, Electronic Media Regulation of 2018 regulates information on social media to provide a responsible content that does not violate the privacy of individuals and protects society. This legislation provides a mandate for certain activities to obtain license issued by National Media Council.

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Charges for Carrying Marijuana in the UAE

What are the Penalties and Charges for Carrying Marijuana in the UAE

United Arab Emirates is known to have zero tolerance attitude to narcotics and takes all illegal drugs cases very seriously. The Emirates is very keen on developing its technical anti-narcotic capabilities and have a very strict approach to tackling drug trafficking cases.

UAE Law No 14 of 1995 and its amendments regulates and governs cases of any narcotics related cases especially illegal possession of Marijuana. The law states “that the substance cannot be “brought, imported, exported, made, extracted, separated, produced, possessed or taken”. United Arab Emirate does not recognize any medical cannabis program and any use of the same is illegal regardless of whether it’s for medical purpose or not.

The following sanctions, penalties and imprisonment will be imposed under the following circumstances:

  • If caught in possession of cannabis, you may be sentenced to four years or more in prison. Additionally, you’ll be given a fine of 10,000 dirhams
  • If you are found selling or distributing Marijuana in the Emirates, the penalty of imprisonment for a period of not less than 10 years and not more than 15 years shall be imposed on offenders. You will also be given a fine of “not less than 20,000 dirhams.
  • On top of this and as additional sanction imposed to foreigners who are found guilty of any of the aforesaid cases, it is very likely that sentence will include deportation as well.
  • Also, under extremely rare cases, the law states that drug trafficking can be punished with death, which is usually executed by firing squad under UAE law.

Given the above circumstances, it is very important especially to travelers, foreigners, resident and locals of United Arab Emirates to know and be educated about the Emirates war on drug agenda and its aim to eliminate and combat illegal drugs.

bounced cheque in dubai uae

NEW REGULATIONS FOR BOUNCE CHEQUES UNDER UAE LAW

BOUNCED CHEQUES LAW IN UAE | CHEQUES REGULATIONS IN UAE | BOUNCED CHEQUE CASE IN DUBAI UAE

A common predicament faced in the business realm is the risk of possessing dishonored cheques. For this reason, in order to protect and provide remedy against this act, UAE Federal Penal Code imposed criminal sanctions on those persons drawing bounced cheques. On Article 401 of Federal Law No. 3 of 1987 imposes penalty by way of fine or imprisonment – for an amount of not less that AED 1,000 and not more than AED 300,000 imprisonment of not less than one more and not more than three years may be decreed by the court, as the case may be.

Therefore, it is always been resorted to and have been a practical legal means for creditors to file a criminal complaint for the bounced cheque along with a civil case for debt recovery of the amount disputed for collection. And since it has been a common practice, this criminal courts dockets are heavily congested and clogged as a result. And in order to ease and strive to reduce the burden from police, public prosecutors and criminal courts and to tighten the gravity of the penalties in low value claims, UAE legislators have introduced and amended the provisions of the bounce cheque laws providing a speedy resolution by introducing “ONE DAY COURT” and revised the circumstances on the imprisonment aspect of bounced cheque.

ONE DAY COURT – this new system allows resolution of minor bounced cheque cases to be determined and decision to be issued within 24 hours.  This is an effective way of facilitating UAE judicial system for speedy determination of minor cases and to strengthen laws of UAE for misdemeanor. Courts in the Emirates of ABU DHABI, DUBAI and RAS AL KHAIMA have been established successfully resolving minor bounced cheque cases.

On the other hand, the new law allows the criminal courts to impose only fine on simple crimes without imprisonment. To challenge the order of the court, objections may be filed within 7 days and this matter will be dealt with by the criminal court in the normal procedures as applicable. “SIMPLE CRIME” is categorized as per the cheque value of AED 200,000 or less and a fine of not exceeding AED 5,000 to AED 10,000 will be imposed. Cases for the aforesaid cheque value can be sentence by the Dubai Public Prosecution directly without any need of court procedure, however, the imposition shall be for a fine only and cannot exceed AED 5,000 to AED 10,000 as the case may be.

If you are looking to recover value of a bounced cheque with the help of debt collection lawyers? Our team of AL REYAMI ADVOCATES & MUHYEALDEEN INTERNATIONAL LEGAL CONSULTANTS can help you deal with all the cases concerning bounced cheques.

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Compensation Claim

How to Claim Compensation if you are a Victim of a Criminal Case.

Know the procedure on how to Claim Compensation if you are a Victim of a Criminal Case.

Many individuals who have suffered from a criminal act are oblivious of their rights to seek financial compensation for loss of potential gains and incurred damages caused by the offense. Furthermore, in most criminal cases, the victim is unaware that the monetary penalty imposed on the accused during a criminal proceeding is to be paid to the court and not to the victim. This means that unless the victim files a separate civil lawsuit to claim compensation from the accused, he will not be able to receive any payment for the damages resulting from the offense.

In the United Arab Emirates, victims of criminal offenses are given the right to seek financial recompense for a criminal offense. According to the UAE Civil Law, the financial compensation can be demanded by the victim regardless of the nature of the offense – whether it be financial, physical and so on.

When an individual becomes a victim of any criminal conduct, this is reckoned to be a distressing situation that could affect the individual’s well-being. The effect is not always a financial loss. However, being recompensed financially can still help the victim recover from the situation and remedy the out-turn of the crime that has been inflicted on him. Furthermore, it can also be a way of seeking justice and getting a closure.

The Criminal Procedure in the UAE gives the victims of any form of crimes a legitimate prerogative to claim compensation. A civil claim given to the victim will be decided by the criminal courts during the criminal procedure prior to the judgment of the First Instance Criminal Court which hears civil cases. This too protects the constitutional rights of suspects and defendants to ensure all stages of investigation, arrest, trial and sentencing are conducted indiscriminately. The limit to the amount that can be claimed depends on the discretion of the courts.

In addition, if the victim holds an insurance policy, the insurer or the insurance company has the right to file a financial claim before the criminal courts throughout the litigation. This is determined by the damages done by the crime.

There are three anticipated circumstances that the criminal courts decide on the civil claim raised within the criminal trial. If the suspect is found guilty, it will be the court’s discretion to grant the full or partial compensation amount. In cases where the compensation amount demands a tedious process such that further investigation is required to assess the situation, the courts have the right to decide on the suspect’s verdict and consequently refer the civil claim to the Civil Courts. Lastly, the Criminal Courts would dismiss the criminal allegations if the suspect is found innocent. This can also be the decision if the case is merely a civil dispute. In such an event, the case will be referred to the civil courts. There is also a probability that the courts will disapprove the compensation.

Some of the questions relating to this subject that need to be addressed are the following:

  1. Question: When is the best time to file a civil case – before the Civil Courts now or before the Criminal Courts?

Answer: There is no single answer to this question as the matter will always be affected by the nature of the offense, but considering practicality, it is advisable for the accused to file the case first in the Criminal Courts. Doing so will give the victim and his lawyer the rights to participate and attend the hearings in the First Instance Courts and to file a complaint for appeal should the accusation of crime be dismissed.

  1. Question: Will a “Not-Guilty” verdict on a criminal case automatically cause the dismissal of the civil case filed?

Answer: Criminal cases may be dismissed due to insufficient evidences or absence of breach of the criminal law. The accused is then given a “Not-Guilty” verdict. However, the civil case will not be automatically dismissed if there is a valid claim in the civil courts. The basis can be a tortious liability whereby a person’s rights are violated. The other basis is a contractual liability where a risk is assumed on behalf of another party as a result of a contractual agreement.

The civil case may be dropped by the victim any time during the legal process.

Disclaimer: This article focuses on general legal information extracted from the UAE Criminal Procedures Federal Law No. (35) Of the Year 1992 and from the experiences of Al Reyami Advocates & Muhyealdeen International Legal Consultants. Thus, any information provided herein is only a general advice or a set of guidelines. This article must neither take the place of a legal counsel from a professional legal service provider nor keep the reader from seeking legal advice, initiating a legal proceeding or suspending an ongoing case.

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Bounced Cheque Dubai UAE Law

Is Bounced Cheque a Criminal Case in UAE?

A bounced cheque which is also known as a dishonored or returned cheque is a non-sufficient funds cheque that cannot be processed because of the following reasons:

  • There is not enough money in the account of the drawer on the date the cheque was issued.
  • The bank account had closed prior to the encashment of the cheque.
  • There is a technical problem such as a mismatch in the signature on the cheque and the signature in the bank’s records.
  • The account holder instructed the bank to hold the payment.

The UAE has its set of repercussions for cases of bounced cheques and criminal charges are strictly imposed on people who present a cheque with insufficient funds or with full knowledge that it will not be cleared.

According to Article 632 of the Commercial Transaction Law, in the event of a default in the processing of a cheque due to any of the reasons stated above, a period of 3 days may be given to the cheque bearer to contact the drawer for the possibility of funding the cheque. Should the drawer be unavailable for communication within the given period, the drawee or cheque bearer has the right to take legal action. In such a case, the drawee can file a criminal complaint about the bounced cheque along with a civil case for the recovery of the cheque amount. The civil case will provide the drawee with an assurance that the amount denied will be recovered.

The process of filing a legal case against a drawer can go through several stages and the ramifications of a dishonored cheque may vary depending on the response of the drawer and the evidences provided.

  1. Police Authority

A complaint on a bounced cheque may be initially reported to the nearest police station located in the concerned Emirate. This requires presentation of relevant documents and evidences. The police authority will automatically issue a warrant of arrest against the drawer. The drawer can respond by settling the case or submitting his passport so that further time may be given for him to provide the amount required. The warrant can be withdrawn after the drawer clears the matter or serves the jail time prescribed.

  1. Public Prosecutor

The case will be forwarded to the Public Prosecutor for further investigations if the parties fail to resolve it at the police station. A report shall be prepared based on the proof provided. To give security to the drawee, the prosecutors can either hold the passport of the drawer or the guarantor or require a payment corresponding to the estimated amount of the cheque. The drawer will be kept in custody until the issuance of the final decision if the bail is denied.

  1. Criminal Court

At the criminal court, the drawer may be convicted based on the evidence provided by the drawee. According to Article 401 of the UAE Penal Code, the punishment can either be a fine ranging from AED 1,000 up to AED 30,000 or imprisonment from one to three years.

There have been recent advancements where the government has stipulated laws to address small claims or petty offences. Such laws, enacted through the “One-day court”, allow small cases of bounced cheques to be given a decision within 24 hours and resolved with a detention sentence. This is now in force in Abu Dhabi, Dubai and Ras Al Khaimah and the effectivity in reducing the number of cases processed at the Criminal Courts has been observed. As a result, serious cases have better chances of getting resolved faster as the Criminal Courts now have enough time to deal with them.

In addition, Dubai has come up with a law on “Criminal Orders”, which allows the Public Prosecution to resolve “simple violations” with monetary penalty. The matter will only be transferred to Criminal Courts if there is an objection to the sentence issued and the objection is documented within 7 days of the issuance of the verdict.

An issued cheque worth AED 200,000 and below is classified as a simple offence and will be given a penalty of about AED 5,000 – AED 10,000. This is not punishable by imprisonment in Dubai. Thus, lawyers often advise their clients that when receiving cheques, it would be better if they require an amount higher than AED 200,000 so that in the event of a dishonored cheque, the drawer will be bound to face imprisonment. With such possible punishment, there will be a lesser chance of the drawer not funding the cheque.

If you have received a bounced cheque and would like to know the next steps in getting your investment back, Call Us Today!

filing theft case in dubai uae

Filing a Theft case in UAE

How to file a Theft case if you are in Dubai UAE?

Theft is a type of crime that is committed when a movable property is taken permanently from its owner without his or her consent. This involves the acts of stealing a movable property, obtaining goods through pretentious methods or accepting property that was stolen by another person.

According to Federal Law Number FEDERAL LAW NO. 3 of 1987, anything that can be taken under custody is considered a property. Hence, stealing goods from shops, breaking into private places to steal items or embezzling money are all considered theft.

If theft is committed within the UAE, the provisions of Federal Law Number 3 of 1987 of the UAE Penal Code are applied.

Types of Theft

The two categories of theft defined in the UAE Penal Code are aggravated theft and simple theft.

Theft crimes are classified as either “aggravated” or “simple” based on two main factors namely mental intent (“mens rea”) and criminal act (“actus reus”). However, the involuntary possession of stolen goods can also be considered as theft.

Articles 381 to 398 of the Penal Code provide the details of the punishments regarding these types of theft.

Simple theft is a misdemeanor that can lead to a minimum of 1 year imprisonment and/or monetary penalty. It is often categorized based on the place where the crime is committed, how the crime was done or who the victim is. Some cases of simple theft are those committed…

  1. In one of the worship places.
  2. In one of the inhabited or habitable places or its annexes.
  3. In one of the transport means or in a station, harbor or airport.
  4. Through climbing over the fence, breaking from outside, use of duplicated or genuine keys without their owners’ consent.
  5. By a person impersonating a public attribute or pretending that he is performing or in charge of a public service.
  6. By two or more people.
  7. On a wounded person during wartime.
  8. On property owned by a public authority and employees of ministries and government departments.
  9. On cattle or on carrying or riding animals.

 

Other circumstances of simple theft not falling under the above categories include:

  1. Interruption of information transmission or provision of any government service such as the misuse of telecommunication services or the removal of the power source of any device used to carry out such services.
  2. Use of vehicles such as cars or scooters belonging to another person without his or her consent. The corresponding punishment for such act would be a minimum of one year jail time and a fine not exceeding AED 10,000.
  3. Coercing a person to sign or cancel an agreement or a deed.

Aggravated Theft

Aggravated theft involves the use of deadly weapons and refers to acts that lead to felony such as murder.

For example, a person commits aggravated theft when he or she uses weapons and threats to force another person to surrender his or her property. Other cases are when a person falsely presents himself or herself as a public service agent, illegally enters a private property or engages in any other unlawful method to obtain a property belonging to another person.

Perpetrators of aggravated theft will face imprisonment and the duration varies depending on the type of crime committed. Some examples are given below:

  1. Maximum of 15 years imprisonment:
    • Use of weapons resulting in an injured victim
  2. 2 to 7 years or life imprisonment
    • Theft committed during the night
    • Use of arms
  3. 5 to 7 years imprisonment
    • Theft done by an employee during the term of his or her employment
  4. Life imprisonment
    • Involvement of 2 or more individuals

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Bail and Guarantee in the UAE

Understanding Bail and Guarantee in the UAE

Understanding Bail and Guarantee in the UAE

Bail is defined as a set of pre-trial restrictions that are imposed against a person to ensure that he will comply with a judicial process. It is a conditional release with a promise to appear before the court when required to do so.

In the UAE, the bail may be in the form of a financial guarantee or personal guarantee. A financial guarantee is the simplest form of bail as it refers to the payment of a certain amount for temporary release, while the personal guarantee is a concept by which a person or an entity certifies the compliance of the accused with any court process. It is widely known that a breach of the conditions of the bail will forfeit the financial guarantee in favor of the government, but what about the personal guarantee?

In this jurisdiction, a personal guarantee is a guarantee of a third person, or in rare cases an entity, like the accused’s employer or consulate.

Upon the Court’s order, both the accused and the guarantor (if a personal guarantee is a third person) will sign the Bail Bond which will include the charge against the accused, the accused and the guarantor’s personal details, the penalty due in case of violation and the undertaking statement. The undertaking statement will normally include the statements 1) that the guarantor will be liable for the accused’s attendance in court, on the execution of the judgment and 2) that the guarantor accepts the liability as regards the aggrieved party, including any penalties, compensation and subsequent civil action.

The above-mentioned liability of the guarantor will only be terminated 1) once the judgment is executed against the accused, or 2) the accused is completely and irrevocably exonerated from the charge.

Gleaning from the above rules and procedure, the guarantor’s liability appears to be equal to that of the accused, hence, anyone who plans to act as one should be fully aware of his role and the conditions set in the Bail Bond and the Guarantee Bond.

 

 

Bounced Cheque Law Dubai UAE

Bounced Cheque in Dubai UAE – What you need to know

Rules and Regulations of Bounced Cheque Law in Dubai UAE.

Bank cheque is a tool used by individuals to secure funds, contract business and pay obligations, but not all of them have the ability to fund these cheques and the volume of bounced cheque cases have sky-rocketed over the years.

To address this ever-growing state of affairs, the UAE Government has established a set of rules to guide both the issuer and the recipient of Bounced Cheque.

There are several UAE Laws that can be utilized to protect the recipient of Bounced Cheque and they can be done either in the criminal or civil court. The recipient can file a complaint in the police station against the issuer and the case will be forwarded to the public prosecution and then to the criminal court (under the new rules, the public prosecution, in an effort to adjust with the volume of cases with low-value claims, can now issue criminal orders to sentence offenders of low-value bounced cheque to pay fines rather than endure jail time).

According to a recent study, the UAE Public Prosecution categorized low-value cases like the ones where the bounced cheque amounts less than AED 200,000 hence the only issuer of cheques with an amount more than AED 200,000 are doomed to be sentenced with a jail term.

The recipient can also institute a civil action against the issuer for the amount of the bounced cheque and if the issuer cannot pay the amount, he can be imprisoned for a period corresponding to the unpaid amount.

As for the issuers, particularly for low-value cheques, they can avoid imprisonment by simply paying the fine corresponding to the cheque amount; however, this does not absolve them from paying the obligation when the recipient opted to institute a civil action to collect the amount due through a debt collection service.

For more detailed discussion of the intricacies of the Bounced Cheque Law in the UAE, you may contact Al Reyami Advocates and Muhyealdeen International Legal Consultants.

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credit card fraud dubai uae lawyers

What is Credit Card Fraud and how to deal with it in Dubai UAE?

What is Credit Card Fraud and how to deal with it in Dubai UAE?

Credit card fraud is a white-collar crime in Dubai.  It is a type of theft or fraud involving another individual’s credit card, which is oftentimes stolen.  The stolen card is used to purchase items without the knowledge or approval of the rightful owner. It deprives businesses of billions of dollars per year. The law in the UAE looks to protect victims of credit card fraud, whether it is an individual, a corporation or a business. Dubai and UAE laws are specific and if convicted you can expect to receive very severe penalties.

Credit card fraud penalties may include a jail or prison sentence, fines, probation, and a mark on your criminal record for life. If you are being investigated, charged with or have been arrested for credit card fraud, it is important to contact a criminal defense lawyer immediately who has the knowledge and experience in handling credit card fraud cases in Dubai and throughout the UAE.

At Al Reyami Advocates and Muhyealdeen International Legal Consultants our criminal defense lawyers are extremely professional and committed when it comes to representing our clients. They have the skills and qualifications needed to represent your credit card fraud case.

We understand the seriousness of a credit card fraud charge. Contact The Al Reyami Advocates and Muhyealdeen International Legal Consultants today and let our criminal defense lawyers protect your rights and maintain your freedom.  Our lawyers and advocates will fight aggressively for you and will look to have the charges dismissed completely.

Contact us today to schedule your free initial consultation for your credit card fraud case. Our criminal defense lawyers will provide you with excellent representation and winning results.

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cybercrime law in dubai

Internet Activities that are Cyber Crimes in Dubai UAE

Cyber Crimes in Dubai UAE

Internet Activities that are Cyber Crimes in Dubai UAE

In an effort to prevent the proliferation of internet crimes, UAE President His Highness Shaikh Khalifa bin Zayed Al Nahyan issued UAE Cybercrime Law No. 5 of 2012, detailing the country’s strict stand against computer-oriented crimes. According to the law, offenders will face hefty penalties such as long-term imprisonment or Dh 50,000 worth of fines, at the least. Severe offenses can be given a monetary penalty of up to Dh 3 million

The Cybercrime Law is implemented through a close monitoring of all internet activity in the UAE. This means that all activities are done through the internet, such as searching for, sharing, or downloading information, are all watched. Furthermore, content retrieval makes the deletion of files basically ineffective at erasing the existence of a certain content. Federal agencies have the capacity to recover deleted content and will definitely do so should that be required for cybercrime investigations. Warrants to take computers for investigative purposes can also be issued.

Some of the internet activities that can lead to legal proceedings are the following;

  • Illegal collection of information from or through the use of computers
  • Fraud – including Ponzi schemes, the illegal use of another person’s credit card, identity or other information, or falsification of information for investment purposes
  • Cyber threats
  • Pornography procurement, consumption, ownership, and dissemination

It is important to note that while the mandatory sentence for crimes related to pornography is only the minimum jail term, violators will have a lifetime label of “sex offender” which can affect their public reputation.