Aiding & Abetting / Accessory - Al Riyami Advocates

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AIDING & ABETTING IN THE UAE

Accomplice liability in the UAE involves holding individuals responsible for their involvement in a crime, even if they did not commit the actual criminal act. There are two main categories of accomplices. One category is ‘Instigators’, those who induce or persuade others to commit a crime. The other category is ‘Aiders and Abettors’, those who assist or support the commission of a crime by providing help, encouragement, or resources to the perpetrator. The level of punishment for an accomplice can vary based on the seriousness of the crime and the extent of their involvement. In some cases, accomplices may face the same punishment as the actual perpetrator of the crime.

In the UAE Penal Code, the concept of accomplice liability is covered under several provisions. Article 33 of the Penal Code states that any person who assists or facilitates the commission of a crime will be subject to the same punishment as the perpetrator if the accomplice has knowledge of the crime and its criminal intent. However, if the accomplice was unaware of the criminal intent, they may face a lesser punishment.

The level of involvement and participation in the crime can affect the degree of liability. For instance, those who actively encourage or incite others to commit a crime may be considered instigators and could face harsher punishment compared to those who merely provide minimal assistance or support. The laws related to accomplice liability are mentioned in Article 33 of the UAE Penal Code. This states that a person who intentionally assists or facilitates the commission of a crime shall be considered an accomplice.

If the accomplice has knowledge of the criminal intent of the perpetrator, they may be subject to the same punishment as the actual perpetrator. Article 34 of the Penal Code outlines the punishment for accomplices who assist in concealing a criminal offense or hinder the investigation. Such accomplices may also be subject to penalties as determined by the law. Article 35 of the Penal Code specifies that if the accomplice was not aware of the criminal intent they may be subject to a lesser punishment.

There are some defenses that can be raised in cases where an individual is accused of being an accomplice. The defenses include lack of criminal intent, if the alleged accomplice had no knowledge of the criminal intent of the principal offender, they may argue that they did not knowingly assist in the commission of the crime. Another defense can be duress or coercion. This occurs when the accused can claim that they were forced or coerced into aiding or abetting the crime under threat of harm to themselves or their loved ones.

The defense of necessity may be used if the accused can demonstrate that they were compelled to assist in the commission of the crime to prevent greater harm or evil from occurring. If the alleged accomplice was mistaken about the circumstances or nature of the crime they were aiding, the defense of mistake of fact can be raised. In some legal systems, if the individual initially intended to assist in a crime but later withdrew their support or attempted to prevent its occurrence, they may not be held liable as an accomplice.

It’s important to note that the availability and application of these defenses may vary depending on the specific circumstances of the case and the interpretation of the law by the courts. Each case is unique and will be assessed on its merits. It’s essential to understand that the application of the law can vary depending on the specific circumstances of each case. Courts in the UAE will consider factors such as the nature of the crime, the level of involvement of the accomplice, and any other relevant details before determining the appropriate punishment.