How Are Crimes Classified Under UAE Law And What Penalties Do They Entail?

Federal Law by Decree No. (31) of 2021: Crimes and Penalties Law governs the United Arab Emirates' criminal justice system, ensuring adherence to Islamic Sharia for crimes such as retribution (Qisas) and blood money (Diya), while other offences and penalties are defined by this law and existing penal codes.

It upholds the fundamental principle that no individual can be convicted for a crime committed by another, emphasising the presumption of innocence until proven guilty under the law.

The law applies to crimes outlined in other penal laws, unless exceptions are specified and defines a "public servant" broadly to include officials across federal and local governments, encompassing roles in legislative, executive, administrative and judicial capacities.

This includes individuals appointed or elected, spanning ministries, Armed Forces, security agencies, judicial bodies, legislative and municipal councils, public entities, corporations and associations partially or wholly owned by the government.

The law clarifies that even temporary or voluntary roles related to public service fall under its provisions, ensuring accountability regardless of employment terms.

Public funds under this law include those owned by federal or local authorities, entities, corporations, or associations with government ownership, ensuring transparency and accountability in financial management.

It further stipulates that regardless of termination of employment, provisions of this law apply to crimes committed during the tenure of public service.

Regarding temporal application, crimes are punished according to the law in force at the time of the act, irrespective of when consequences materialise. Spatially, the law asserts jurisdiction over crimes committed within the UAE's territory, including territorial waters and airspace.

It also addresses crimes committed abroad by UAE citizens or affecting national security, ensuring prosecution upon return to the UAE.

Material elements of a crime include consummated crimes and attempts, with attempts punishable based on the severity of the intended crime. Moral elements involve intention or error, holding perpetrators accountable for actions based on their intent or negligence, regardless of motive.

Criminal complicity provisions detail direct and indirect involvement in crimes, ensuring all accomplices face appropriate penalties based on their role and knowledge.

Crimes Categorised under Federal Law

Under the Federal Law by Decree No. (31) of 2021, crimes in the UAE are categorised into three main types: felonies, misdemeanours and infractions, each carrying distinct penalties based on the severity of the offence.

Felonies

Felonies under UAE law encompass the most serious offences, including crimes punishable by Qisas penalties, death, life imprisonment, or temporary imprisonment.

Qisas penalties involve crimes of retribution where the punishment is directly related to the harm caused to the victim. The death penalty and life imprisonment are self-explanatory, with temporary imprisonment being for a specified period deemed appropriate by the court.

Misdemeanours

Misdemeanours are less serious offences compared to felonies but still warrant substantial penalties. These crimes include acts punishable by imprisonment, fines exceeding Dh10,000, or Diya (blood money).

The amount of Diya for manslaughter is specifically set at Dh200,000 under the law. Misdemeanours cover a wide range of offences that are considered more serious than infractions but less severe than felonies.

Infractions

Infractions are minor offences that do not rise to the level of misdemeanours or felonies but still carry penalties. These include acts punishable by short-term custody (ranging from 24 hours to 10 days) or fines not exceeding Dh10,000.

Infractions typically involve breaches of regulations or minor violations that do not pose significant harm or threat to public safety.

Punishments

Imprisonment: This can range from temporary imprisonment for a specific period to life imprisonment, depending on the severity of the crime.

Fines: Monetary penalties are imposed based on the offence committed, with specific amounts outlined in the law.

Diya (Blood Money): Specifically applicable in cases of manslaughter, where compensation is paid to the victim's family as per Islamic legal principles.

These categorisations and punishments ensure that the UAE legal system maintains order, protects societal interests, and upholds justice by proportionally addressing the seriousness of each offence.

The law aims to provide clear guidelines for legal practitioners, ensuring consistency and fairness in the application of justice across all levels of the judicial system.

Types of Crimes Punishable under UAE Law

Drug Offences

Drug offences in the UAE are strictly governed by a zero-tolerance policy. The possession, use, or trafficking of illegal drugs, including recreational and prescription substances obtained unlawfully, is strictly prohibited. Familiarity with the UAE's list of banned substances is essential to prevent inadvertent breaches.

Possession of illegal drugs constitutes a criminal offence in the UAE, with penalties varying based on the type and quantity involved. For instance, possession of small amounts for personal use can lead to imprisonment for up to two years and fines of up to Dh10,000.

Trafficking in drugs incurs severe penalties, ranging from a minimum of 10 years' imprisonment to life imprisonment or the death penalty for large quantities.

The UAE employs strict regulations, including drug testing upon entry, to enforce its zero-tolerance policy. Notably, the UAE does not differentiate between recreational and medicinal drugs, underscoring the need for proper documentation when carrying prescription medications.

Cybercrimes

As technology advances, cybercrime poses an increasing threat in the UAE. The government has enacted rigorous laws and regulations to combat cyber threats and their legal implications effectively.

Hacking is one of the prevalent cybercrimes in the UAE, defined as unauthorised access to computer systems or personal accounts. The UAE Cybercrime Law of 2012 criminalises hacking, imposing substantial penalties including imprisonment and fines based on the severity of the offence.

Identity theft, another significant cybercrime, involves stealing personal information for fraudulent purposes. Perpetrators of identity theft in the UAE face severe legal consequences, including imprisonment and hefty fines.

Phishing, a form of cybercrime involving deceptive emails or websites to obtain sensitive information, is strictly prohibited. Offenders can expect imprisonment and substantial fines under UAE law.

The UAE has also implemented measures against online fraud, targeting fraudulent activities conducted through digital platforms. Legal penalties for online fraud include imprisonment and fines, reflecting the seriousness with which the UAE addresses financial crimes.

Cyberbullying, defined as using digital platforms to harass or intimidate others, is subject to stringent laws in the UAE. Perpetrators of cyberbullying can face imprisonment and fines, underscoring the UAE's commitment to protecting individuals from online harassment.

Moreover, the dissemination of fake news and misinformation online is considered a criminal offence in the UAE. Those found guilty of spreading false information face legal consequences, including imprisonment and fines.

To enforce these laws effectively, the UAE has established specialised units within law enforcement agencies dedicated to combating cybercrime. These units collaborate nationally and internationally to enhance cybersecurity measures and prosecute offenders.

Fraud

Fraud is a serious offence under UAE law, encompassing various deceptive practices that undermine financial integrity and trust. Understanding the legal framework and consequences of fraud in the UAE is essential for residents and visitors to avoid legal repercussions.

The UAE Penal Code defines fraud broadly, including activities such as forgery, embezzlement, bribery, and identity theft. Financial fraud, involving deceptive practices to unlawfully obtain money or assets, is rigorously prosecuted in the UAE.

Penalties for fraud-related offences in the UAE can be severe, including imprisonment, fines and asset confiscation. The severity of penalties depends on the specifics of the case and the amount of financial harm caused.

The UAE authorities are proactive in combating fraud, employing specialised departments such as the Anti-Economic Crimes Department to investigate and prosecute offences effectively. International cooperation further strengthens efforts to combat cross-border financial crimes.

Recent advancements in UAE cybersecurity infrastructure also address online fraud, protecting individuals and businesses from digital financial crimes. Awareness of cybersecurity measures and best practices is crucial for safeguarding personal and financial information in the UAE.

Criminal Liability for Assault and Violence in the UAE

Assault and violence offences in the UAE are rigorously addressed under the UAE Penal Code, highlighting the legal consequences for perpetrators of such acts.

Assault encompasses actions involving force or threats against another person, ranging from physical attacks to verbal intimidation. Penalties for assault vary based on the severity of harm inflicted on the victim.

Minor assaults resulting in minor injuries or threats can lead to misdemeanour charges, with potential fines or short-term imprisonment. However, assaults causing serious injuries or endangering life result in felony charges, carrying longer imprisonment terms.

Violence extends beyond physical harm, encompassing behaviours like stalking, harassment and domestic violence. The UAE recognises these offences with specific legal protections for victims.

In cases of domestic violence, the UAE has implemented specific legislation to address this issue. The UAE Federal Law No. 35 of 2020, known as the “Protection from Domestic Violence Law,” aims to safeguard victims and hold perpetrators accountable.

This law provides victims with the right to obtain protection orders, access to shelters, and legal assistance.
The penalties for violence can vary depending on the severity of the offence. For instance, stalking or harassment can result in imprisonment for up to one year or a fine.

However, if the violence leads to serious injuries or death, the penalties can be much more severe, similar to those for assault.

It is important to note that the UAE law also considers the mental state of the perpetrator when determining criminal liability. If the assault or violence is committed under the influence of drugs or alcohol, the penalties may be increased. Additionally, if the perpetrator has a history of similar offences, the court may impose harsher punishments.

Human Trafficking

Human trafficking is a grave violation of fundamental human rights, exploiting individuals for purposes such as forced labour, sexual exploitation and organ trafficking. The UAE has instituted stringent laws and a robust legal framework to combat this heinous crime.

The UAE’s commitment is underscored by its ratification of international conventions, including the United Nations Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children. These agreements provide a comprehensive framework for effectively tackling human trafficking.

Under UAE law, human trafficking is defined under Federal Law No. 51 of 2006 on Combating Human Trafficking and its amendments. The law criminalises the recruitment, transportation, transfer, harbouring, or receipt of individuals through force, coercion, deception, or abuse of power for exploitation.

This law categorises trafficking into various forms, such as forced labour, sexual exploitation and organ trafficking, each with distinct penalties. Trafficking for forced labour is punishable by a minimum of five years imprisonment and a fine of at least 100,000 UAE dirhams, while trafficking for sexual exploitation carries a minimum penalty of 10 years imprisonment and a fine of no less than Dh100,000.

The UAE has established specialised courts and dedicated law enforcement units. These bodies are tasked with investigating and prosecuting human trafficking offences, ensuring that perpetrators are brought to justice.

Additionally, the UAE provides comprehensive victim support measures, including shelters, counselling services, and legal aid.

The UAE also extends its anti-trafficking efforts globally, cooperating with international organisations and other nations through bilateral agreements and memoranda of understanding to enhance collaboration in areas such as information sharing, capacity building, and victim assistance.

White-Collar Crimes and Corporate Fraud

White-collar crimes and corporate fraud pose serious threats to individuals and businesses in the UAE. The UAE has stringent laws to address these offences, ensuring justice and maintaining economic stability. This article delves into the various white-collar crimes and corporate fraud offences recognised under UAE law.

Embezzlement is a prevalent white-collar crime in the UAE, involving the misappropriation of entrusted funds or property for personal gain. The UAE Penal Code addresses embezzlement with strict penalties, including imprisonment and substantial fines.

Bribery, involving the exchange of value to influence decisions, is also a serious offence, with stringent anti-bribery laws to ensure transparency and fairness in business dealings.

Fraud, encompassing deception for personal gain through false representation or manipulation of information, is rigorously penalised under UAE law. This includes identity theft, credit card fraud, and insurance fraud, all subject to severe penalties.

The UAE Penal Code specifically outlines various forms of fraud, ensuring that perpetrators face significant punishment.

Corporate fraud targets businesses through activities like accounting fraud, insider trading, and money laundering, undermining investor confidence and economic stability. The UAE has established comprehensive regulations and laws to combat corporate fraud, protect businesses, and maintain economic integrity.

Specialised agencies in the UAE are dedicated to investigating and prosecuting white-collar crimes and corporate fraud, collaborating with law enforcement and other entities to ensure justice. The UAE’s proactive approach to prevention, detection, and prosecution underscores its commitment to combating these crimes.

Criminal Procedure and Rights of Defendants in the UAE

The UAE has a comprehensive legal system that safeguards the rights of defendants in criminal cases, governed by Federal Law No. 35 of 1992, also known as the UAE Penal Code. This law outlines crimes, punishments, and defendants' rights throughout the legal process.

A fundamental principle in the UAE legal system is the presumption of innocence, enshrined in Article 38 of the UAE Constitution, stating that the accused is innocent until proven guilty with all necessary defence guarantees. Defendants have the right to legal representation, ensuring fair trials and protection of their rights.

They are informed of the charges against them, with detailed explanations of allegations and evidence, enabling effective defence preparation.

Defendants can present evidence and witnesses, challenging the prosecution’s case and supporting their innocence, ensuring a fair trial. They also have the right to remain silent, protected from self-incrimination, ensuring they are not forced to confess or provide evidence against themselves.

UAE law mandates a speedy trial, ensuring timely resolution of cases, preventing unnecessary delays, and allowing defendants to move forward with their lives or face justice.

Defendants are protected from torture or cruel treatment, aligning with international human rights standards. This prohibition ensures defendants are treated with dignity and respect.

In conclusion, these categorisations and punishments ensure that the UAE legal system maintains order, protects societal interests, and upholds justice by proportionally addressing the seriousness of each offence.

The law aims to provide clear guidelines for legal practitioners, ensuring consistency and fairness in the application of justice across all levels of the judicial system.