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The Penal Code is a branch of law relating to various types and forms of crimes, which determines the penalties for any behavior that is prohibited or poses a threat and harm to members of society and thus enacts the Penal Code for those who violate the law.

UAE Penal Code

The UAE Penal Code includes the following issues, explaining all forms and Categories of crimes and its punishments in detail:

* The scope of the Penal Code enforcement and validity in terms of time, place and persons
* The Penal Code deals with Categories of crimes such as:
1. Doctrinal crimes.
2. Punitive and blood-money crimes.
3. Chastisement crimes.
, which are divided into felonies, misdemeanors, and offenses.
* The UAE Penal Code also is also mentioning in detail the elements of the crime, its Practical Elements
And moral Elements, and the penalties for attempting to commit the crime.
* Criminal Complicity and its penalties, So Whoever commits a crime in his capacity as a principal or as an accomplice thereto, shall be considered a felon. And the cases that consider a person an accomplice to a crime by causation.

*Causes of permissibility and Excess of Its Limits such as:
Acts carried out as a use of the right, performance of Duty or the right of legitimate and private defense, and penalties for overstepping the grounds for permissibility.
* Criminal Responsibility and Its Impediments
* A full section in the UAE Penal Code is under the title” Penalties” which includes the Principal penalties which are:
1- Doctrinal penalties, punitive penalties, and blood money.
2- Chastisement penalties which are:
*Death penalty.
* Imprisonment for life.
* Imprisonment for a limited term.
*Detention.
*Fine.

UAE Penal Code

It also includes the cases of Secondary Penalties and Complementary Penalties.

* The UAE Penal Code also explaining Lawful Excuses and Discretionary, Extenuating and Aggravating Circumstances., and excuses can lead to exemption from punishment or extenuating the punishment provided that these excuses are specified by the law and the UAE Penal Code also clarifies in this regard the categories of excuses that extenuating the punishment.

As for the aggravating circumstances, the UAE Penal Code clarifies that they are as follows:

1-Commitment of a crime for a vicious motive.
2-Commitment of a crime, by exploiting the victim’s mental weakness or his inability to resist, or circumstances where others are unable to defend him.
3- Commitment of a crime in a savage way or by mutilating the victim.
4- Commitment of a crime by a public official, by taking advantage of his official authorities or his capacity, unless the law provides a certain punishment, owing to such a capacity.

*The UAE Penal Code deals with recidivism cases and its penalties and what cases a person is considered a recidivist.

The UAE Penal Code also clarifies the criminal measures and its categories:
Criminal measures, as stated in the UAE Penal Code, are custodial, disqualifying or material.

* Chapter Eight of the UAE Penal Code clarifies what are known as social defense cases and its measures. Social defense cases are divided to:
  • Mental or Psychic Disease
  • Criminal Habituation
  • Social Danger

UAE Penal Code

The social defense measures are as follows:
1. Internship in a therapeutic shelter.
2. Internship in a labor institution.
3. Surveillance.
4. Obligation to reside in his original place of residence.

* The UAE Penal Code also deals with cases of amnesty, and amnesty in UAE law is of three types:
  • General Amnesty
  • Remission from Penalty
  • Judicial pardon

The UAE Penal Code explains the crimes affecting the Security and Interests of the State
And its penalties, and Crimes Affecting the State’s Internal Security
, and the penalties range from death to imprisonment and a fine.
* The UAE Penal Code also includes crimes that affect the national economy and their penalties, which range from life and temporary imprisonment to a fine, with reference to amnesties for perpetrators of such crimes.

The cases of Counterfeit of Currency and Government Securities and its penalties.
  • As forgery and imitation of seals
  • Marks, and stamps.
  • Forgery of Instruments

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UAE Penal Code

* Also deals with the crimes of embezzlement and damage to public Property and its penalties.
* The UAE Penal Code is also subject to cases of strike action and violation of work progress
If at least three employees intentionally refrain from performing their job and work for illegal purposes; the penalty in such cases shall be imprisonment for a period of up to 6 months or a maximum of one year.

If the accused is a foreigner, the court shall in all cases sentences him to deportation. From the state.

The UAE Penal Code also deals with crimes pertaining to Public Office such as bribery, abuse of office, Misuse of Authority, Trespass on Employees, and Assumption of Offices and Characters.

The UAE Penal Code also includes crimes affecting Justice Proceedings and their penalties, these crimes are as follows:
Perjury, false oath, and Abstention from Testifying, and this section also covers cases of exemption from penalty
* The UAE Penal Code is also exposed to crimes Influence on Judicature and Its Defamation and its penalties that range from imprisonment to a fine.

*Crimes related to Interruption of Legal Proceedings with the intent to mislead the judiciary, such as concealing evidence of crime or providing false information.

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The UAE Penal Code then provides penalties for the following offences:

Abstention from Notification of Crimes
False Notification
Unsealing and Tampering with Preserved Items
* The UAE Penal Code clarifies the penalties imposed on escaping of Accused and Convicted Persons, and the penalties are not limited to them only, but also include those who helped for this escaping, such as the person in charge of guarding the defendants and escaped from the defendants, whether intentionally or negligently.

* The UAE Penal Code also deals with Crimes of Public Hazard and its penalties. These crimes are as follows:
Assault on Means of Communication of various types by land, water or air, or crimes that represent a threat to the security of public Utilities.

* It also deals with the penalties imposed on anyone who has willfully set fire and caused fires And the consequent losses that can result in the worst case to the death of a human being.

UAE Penal Code

*Crimes Affecting Religious Doctrines and Rites are as follows:

1. Abuse of any sacred or holy Islamic rites.
2. Blaspheming any of the divine recognized religions.
3. Condoning or encouraging sin, publicizing it, or acting in a manner that tempts others to commit such sins.
4. Knowingly eating pork by Muslims.
Detention and a fine, or one of these two penalties shall be imposed upon any one who commits any of the previous crimes.

* The UAE Penal Code also clarifies crimes affecting family such as the intentional abduction of babies or children and the penalties for such crimes.

* A full section of the UAE Penal Code deals with Crimes Perpetrated upon Persons and they are as follows:

Trespass upon Life and Safety of Human Beings, violation of freedom, exposure to danger, threat, crimes committed against Honor which are: rape, indecent assault, Scandalous and Disgraceful Acts, Enticement to Lewdness and Prostitution
, this section also includes penalties for crimes perpetrated against reputation: libel, abuse and disclosure of secrets such as slander, disclosure of secrets, interference in the private life of persons and assault on the privacy or family life of individuals in various ways without their consent or illegally.

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UAE Penal Code

* The UAE Penal Code then deals with crimes Perpetrated upon Property

  1. Theft types and circumstances of occurrence and place of occurrence and consequent penalties
  2. Trickery and Fraud.
  3. Breach of Trust and related matters.
  4. concealment of things derived from a crime is a crime in itself impeded by law even without involvement in the commission of the crime itself.
  5. usury in the form of hidden or explicit usury interest and its penalties ranging from imprisonment for a period of not less than one year or the penalty of a fine of not less than fifty thousand dirhams.
  6. gambling, and in all cases shall be governed by the confiscation of funds and tools that were used in gambling as well as the closure of the shop or place that was prepared for gambling, and shall not be authorized to open it again only after the approval of the public prosecution and after it is prepared for a legitimate purpose.
  7. Bankruptcy
  8. Cheating in commercial transactions, for example, if one of the parties cheating on the quality, origin or intrinsic qualities of the goods, as regards the number, quantity and weight of the goods
  9. Waste of Property.
  1. Damage to planting, uprooting or damaging trees or agricultural machinery
  2. Intentionally killing, torturing and neglecting a domesticated pet entrusted with its care and protection
  3. Trespass on the Property of Others.

To view the detailed text of the UAE Penal Code, please click on the following link:

https://alnajjarlawyer.com/wp-content/uploads/2022/01/UAE-Penal-Code.pdf

 

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