Criminal Law
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Representation In Defense Of Criminal Offenses
Criminal law in the UAE is intensely impacted by Islamic Sharia law and requires explicit comprehension and information. Our devoted group of authorized lawful advisors and criminal lawyers in Dubai, informs customers denounced regarding felonies and criminal offenses in the U.A.E they are prepared to exhort cases from a police examination to arraignment and criminal court while likewise being exceptionally gifted in arranging bail and drafting updates and pleadings identified with all criminal law issues.
Get the best legal advice from the best Criminal Law Firm in Dubai.
The best criminal lawyers in UAE
The practice of criminal law is one of the most challenging legal streams and calls for a unique set of advocates and legal consultants who are well versed in the said practice and have a proven track record. The best criminal lawyers are always able to provide you with the most effective legal advice, and that is shaped by the bigger perspective. Extremely practical and risk-focused legal advice are the key targets met by the proficient criminal lawyers UAE.
It is a key point to note that criminal lawyers work in close coordination with the different state machinery such as the police, public prosecution and criminal courts. Choosing the right lawyers focusing on the specific emirate might therefore be a suitable strategy. For instance, you can contact one of the best criminal lawyers in Sharjah by accessing the 24/ 7 live chat facility provided by the Sara Ibrahim Advocates & Legal Consultants at https://thecounsels.ae/contact-us/ .
One of the main criminal laws in the UAE detailing the crimes and punishments for the same is the ‘Federal Law no. (3) of 1987 promulgating the ‘Penal Code’, which is commonly referred to as the ‘UAE penal code’ or the “Criminal law UAE”. Receiving the right legal advice in what could be one of the most trying circumstances can be a life changes experience for a person. It is crucial to receive detailed legal advice and to be rightly advised so that all steps are taken to ensure the protection of your clean criminal record, which can have long-lasting future implications. Expert criminal lawyers can advise you in a variety of matters which may include, amongst others, complex matters relating to extradition law, drug abuse, breach of trust, fraud, cybercrime, medical negligence and financial crimes.
Financial Crimes
Financial crimes are varied and cover a wide ambit of specific crimes such as Money Laundering, Embezzlement, Cheque bounces, Credit card fraud, Bank and loan fines etc.
Financial crimes fall under the purview of UAE Federal Laws and the Dubai law No. 37. If you find yourselves facing a financial crime, you require an experienced lawyer who is seasoned in this practice to help you to take advantage of the latest legal development in this sector and to protect your interest in the best way possible.
Money Laundering
Money laundering constitutes another type of ‘White-collar’ crime and in simple terms refers to the criminal act obtaining money through illegal means and disguising its principal source and endeavoring to pass it off as “clean” money.
Various laws and regulations have been enacted in the UAE by the government to eradicate the practice of money laundering with a view to protect the financial stability of the region. The ‘Law Number 4 of 2002 on Anti –money laundering in the UAE’ and its recent amendment , the ‘Federal Decree Law Number (20) of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Financing of illegal Organizations’ constitutes the primary legislation governing the act of money laundering in the UAE.
The law interestingly holds any person willfully committing or having knowledge of money –laundering activity as a perpetrator of the crime of money laundering.
Embezzlement
Embezzlement constitutes what is commonly referred to as a ‘White-collar’ crime, wherein a person or an entity misappropriates the assets entrusted to them and unjustly enrich themselves. Embezzlement occurs when the assets or funds entrusted for a ‘specific purpose’ are used by the embezzler for non –intended purposes in breach of fiduciary responsibility.
Embezzlement is often combined with active concealment of facts and/or fabrication of evidence in order to cover the crime. Embezzlement can range from small minor crimes such as a clerk stealing money from the cash register to multi-million dollar embezzlement schemes by corporations.
Depending on the severity of the crime a variety of penalties can be imposed by the law, including :
- Hefty fines
- Prison sentence
- Restitution Order
- Probation
Sexual Crimes
Sexual crimes are severely punished in Dubai and throughout the UAE and include amongst others rape, sexual harassment, sexual abuse of minor, prostitution, human trafficking, indecent exposure, incest etc. Consensual sex outside marriage constitutes a punishable offense under the law.
Whether you are victim or accused of a sexual crime, you should ensure to have the best legal representation, especially due to the extremely damaging nature of the charges and their consequences. Penalties against sex crimes in Dubai include amongst others, death penalty (for rape), deportation (for expats), imprisonment, fines, lifetime registration as a sex offender, criminal record for life.
Our expert lawyers ensure to protect your rights keeping your best interests in mind and taking effective measures to seek to clear your name in cases of wrongful charges or using mitigating circumstances to minimize charges.
Defamation And Insult Crimes
In the United Arab Emirates, ‘Defamation’ constitutes a criminal offense which is dealt very strictly under the Criminal laws.
The Criminal penal code provisions of Article 372 and Article 373 deals with ‘defamation’, and is differentiated by manner in which the defamation is caused whether publicly via newspaper, media or by other means.
Article 373 of the UAE Penal code punishes any act that “harms a person’s dignity or honor”.
Further the provisions, of the Federal Law No. 5 of 2020, which constitutes the ‘Cyber Crime law of the UAE’ prohibits the use of electronic means of defamation and makes such act punishable with imprisonment and fine of up to AED 500,000. ‘Trolling’ and ‘Cyber- bullying’ are actionable under the ambit of this law.
Insult crimes are actionable in the UAE and an act of ‘swearing’ be it as much as calling someone “Stupid” or “Silly”, directly or via electronic media can be actionable and the severity of the punishment is graver if the act is committed against public officials.
Drug Possesion Crimes
Crimes relating to Drug possession are dealt with very strictly in the UAE and especially in Dubai with a zero-tolerance policy. In 2008, a foreigner was sentenced with 4 years of imprisonment in Dubai after the customs officials uncovered 0.003g of cannabis on him. 0.003g roughly weighs less than a grain of sugar and this clearly illustrates the strict zero- tolerance policy followed in Dubai and in the UAE against drugs. Customs officials in the UAE are highly trained and equipped with very sensitive equipment to conduct through searches and any amount of drug found in possession is actionable. It should also be understood that, you can be deemed to be in possession of drugs, if they can be detected in your blood stream or urine. Depending on the type of drugs, they can generally be detected for even up to 30 days or longer after consumption.
The federal law no. 14 of 1995 makes it a federal crime “to produce, import, export, transport, buy, sell, possess, store narcotics and psychotropic substances unless done so as a part of supervised and regulated medical or scientific activities in accordance with the applicable laws.” The Federal Law no. 14 of 1995 and its recent amendment ‘Federal Law Number 8 of 2016 constitute the legal provisions concerning the ‘Combating of Narcotics Substances’ in the United Arab Emirates.
Drugs for medical purposes accompanied with valid medical prescription is allowed, provided that, they adhere with the guidelines instituted by the UAE government. The ‘guidelines’ for carrying personal medicines for travelers into the UAE are accessible from the UAE embassy website.
There have been certain recent changes under the law, especially favoring alternative solutions for first- time offenders in the UAE. First time offenders are now given a chance to commit the imprisonment sentence in a rehabilitation facility. The recent changes also incorporate provisions wherein; the family members of a drug user can refer the matter to the police or rehabilitation centers without fearing penalties being imposed.
Cybercrime in UAE
The United Arab Emirates has a very proactive and comprehensive cybersecurity strategy and has developed a strong cybersecurity infrastructure. Cybercrimes in UAE are regulated under Federal degree law number 5 of 2012, and its amendments commonly referred to as the ‘UAE Cyber law’.
The UAE Cyberlaw lists out numerous activities which fall within the ambit of the Cybercrime UAE law and includes amongst others the following illegal activities:
Gaining access to a website or electronic information system or computer network or it without authorization or in excess of authorization. If such an act is committed to gain information for a government website, then the same is punished even more severely. Similarly, if the access is gained and to delete, omit or destroy, alter or publish the data or information, then such act is punished even more severely. The punishment imposed under the said law can range from the imprisonment of six months to higher sentence and fines ranging from Dirhams one hundred thousand to one million and above.
The UAE cyber law also laws stringent punishment for forgery of any electronic document or the federal or local government or authorities. The punishment for committing such act would include imprisonment and also a minimum fine of one hundred thousand dirhams and up to a maximum fine of three hundred thousand dirhams.
The UAE authorities have taken tremendous effort building online platforms through which cybercrimes can be easily reported.
How to report cybercrime in Dubai
Reporting cybercrime in Dubai is a relatively easy process wherein one can visit the website of Dubai police and proceed to the ‘e-crime page’ and fill in the requisite details to complete the requirements of filing a cybercrime complaint UAE.
How to report cybercrime in UAE
To know more about how to file a cyber crime complaint for other emirates other than Dubai, you download the ‘My Safe Society’ mobile application of the UAE’s federal public prosecution and proceed to raise a cybercrime complaint and obtain a ‘cybercrime report UAE’.
Cheque Bounce
New changes regarding cheque bounce in UAE 2021
The Federal Law no. 18 of 1993 on “Commercial transactions law” more commonly referred to as “ UAE Commercial Code”, defines a cheque as “The check is a commercial paper containing an order issued by the drawer to a bank (the drawee) to pay, on the date indicated therein as being the date of issue, a specific sum of money to the order of a third person, being the beneficiary, or the bearer thereof”.
Bounced cheque matters in the UAE invite both civil and criminal liability. The criminal penalty for bounced cheques is further subject to the rules for each emirate.
For example, the procedures applicable as bounced cheque law in Sharjah, a bounced cheque matter in Dubai might be subject to a penal liability of only fines up to Aed 10,000 for cheque bounce for up to a value of Aed 200,000. Similarly, in Abu Dhabi, cheque bounce matter for a cheque value of up to Aed 500,000 might be subject only to a penal liability of up to Aed 20,000/-. These changes were particularly established by the decision issued by the Attorney generals’ office in Dubai and Decision no. 14 of 2020 by the attorney general office of Abu Dhabi, commonly referred to as the ‘UAE cheque bounce law 2020’. It is expected that a similar decision will be reached for the other emirates as well as part of the new law regarding cheque bounce in UAE 2021.
It is important to note the independent towards raising a criminal complaint about cheque bounce, the beneficiary of a dishonored cheque can also undertake civil action by commencing to file a direct claim with the execution court to confiscate the assets of the issuer. This is a vital remedy provided under the latest changes to the law. It is critical to take legal advice only from the most experienced and well-known law firms. For instance, for lawyers in Dubai for cheque bounce, you can contact Sara Ibrahim Advocates & Legal Consultants.