Criminal Law
Criminal Law in Dubai and the UAE: Protecting Society and Ensuring Justice
The Criminal Law in the United Arab Emirates (primarily based on Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law, also known as the “New UAE Penal Code,” in addition to other specific laws) is the legal framework that defines acts considered crimes and their prescribed penalties. This law aims to protect security and public order in society, safeguard individual rights, deter criminal behaviors, and achieve justice.
Key Aspects Covered by Criminal Law:
Definition of Crime and Punishment:
- The law defines acts classified as crimes (e.g., theft, murder, fraud, drugs, cybercrimes, slander and defamation, etc.).
- It links each crime to a specific penalty (e.g., imprisonment, fines, capital punishment in some extreme cases, deportation for expatriates).
- Principle of Legality: “No crime, no punishment except by a legal text.” This means that no one can be punished for an act unless the law explicitly states it as a crime.
Types of Crimes:
- Felonies (Jinaayat): The most serious crimes (e.g., murder, rape, grand theft).
- Misdemeanors (Junah): Moderately serious crimes (e.g., petty theft, fraud, assault).
- Violations (Mukhalafat): Less serious offenses (e.g., traffic violations, public disturbance).
Penalties:
- Primary Penalties: Imprisonment (of various types: life, temporary, detention), fines, capital punishment.
- Ancillary Penalties: Such as prohibition from practicing a specific profession, deportation of foreigners from the country, confiscation of funds.
- Aggravating and Mitigating Circumstances: The judge considers the circumstances of the crime and the defendant to increase or reduce the penalty.
Criminal Liability:
- The law defines the conditions for bearing criminal liability (e.g., criminal capacity – sound mind and discernment).
- It addresses cases of minors, insanity, coercion, legitimate self-defense.
- It regulates provisions for attempted crime and participation in it (principal offender, accomplice, instigator).
Criminal Procedures:
- The law governs the procedures for investigation, prosecution, and criminal trial, starting from reporting a crime, through police and public prosecution investigations, up to the court.
- It guarantees the rights of the accused (e.g., the right to a lawyer, presumption of innocence, non-compulsion to testify against oneself).
- It regulates arrest procedures, searches, and pre-trial detention.
Important Recent Amendments (Law 31 of 2021 and preceding ones):
- UAE Criminal Law has undergone fundamental updates in recent years, aiming to keep pace with global societal and economic developments.
- For example: Decriminalization of some acts previously considered crimes (such as cohabitation without marriage, drinking alcohol without a license in certain places).
- Leniency in bounced cheque cases: Bounced cheques have generally become a civil matter (except in cases of clear criminal bad faith).
- Stricter penalties: In crimes such as money laundering, terrorism financing, cybercrimes, and sexual assaults.
- Expanded scope of law application: To cover new crimes arising with technological advancements.
Its Importance for Dubai:
For Dubai, Criminal Law plays a pivotal role in:
- Maintaining Security and Order: By deterring crimes and upholding justice, contributing to making Dubai a safe city for living, working, and investing.
- Protecting Individuals and Property: By imposing deterrent penalties on offenders.
- Enhancing Trust in the Business Environment: Through combating financial crimes and fraud.
- Keeping Pace with Global Developments: Continuous amendments reflect the state’s commitment to modernity and justice.
Understanding Criminal Law is of paramount importance for every resident or visitor in Dubai, as it ensures compliance with societal rules and protects against committing offenses that could lead to severe penalties.
