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Criminal Law

Federal Law No. (3) of 1987

Criminal Code

Article (1)

The provisions of the Islamic Law shall apply to the crime of doctrinal punishment, punitive sanctions and blood money. Crimes and reprehensive sanctions shall be specified in accordance with the provisions of this code and the other penal laws.

Article (2)

No one shall be answerable for a crime committed by another and the accused shall be presumed innocent until proved guilty.

Article (211) – 1 Forgery and Imitation of Seals, Marks and Stamps

A temporary imprisonment of a period not less than five years shall be inflicted upon any one who counterfeits or forges, by himself or by means of another, the seal of the State, the seal or signature of the President of the State, Rules of the Emirates, seals, stamps, emblems of the government, its departments, administrations, or any of the authorities stated in (Article 5), the seal, signature or mark of any of its officials, or the governmental hallmark of gold, silver or other heavy or valuable metals.

The same penalty shall be inflicted upon any one who uses or brings into the country any of the above things, knowing of its counterfeit or forgery.

Article (216) – 4 Forgery of Instruments

Forgery of an instrument is a change of its genuineness by any of the means stated hereinafter, resulting in damage, for the purpose of using it as a valid instrument.

The following are considered means of forgery:

  • Introducing a change into an existing instrument by addition, deletion or alteration, whether in writing, numbers, marks, or in photographs appearing therein.
  • Putting a forged signature or seal, or alteration of a true signature, seal, or true finger-print.
  • Obtaining, by means of surprise or fraud, a signature, seal or finger-print of a person without his knowing the contents of the instrument or without validly giving consent thereto.
  • Fabricating or copying an instrument and attributing it to a third party.
  • Blank filling of a signed, sealed or finger-printed paper without the consent of the person who signed, sealed or finger-printed it.
  • Disguising or substituting the identity of a person in an instrument made to verify its truth.
  • Alteration of truth in an instrument as soon as made for verifying its contents.

 

Article (399) Trickery

Detention or a fine shall be imposed upon any one who seizes, for himself or for another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender. The same punishment shall apply to any one who disposes of real estate or movable property knowing that such a property is not owned by him or that he has no right to dispose thereof, or if he disposes of a thing knowing that it has been previously disposed of or contracted upon, provided that such acts cause damage to a third party.

If the subject of a crime is a property or bond which belongs to the State or to any of the authorities indicated in Article (5), it shall be considered an aggravating circumstance.

Article (401)-1

A punishment of confinement or a fine shall be inflicted upon any person who, in bad faith draws a check without no existing or withdrawal provision, or who, after issuing the check, withdraws all or part of the fund to that the balance becomes insufficient to settle the amount of the check, who orders the drawee not to pay check, or deliberately makes or signs the cheque in such a manner as to prevent it from being paid.

Any person who endorses or delivers to another a check payable to the bearer, whilst being aware that there are no existing funds covering its value, or that it cannot be drawn shall be liable to the same punishment.

The penal action shall lapse if payment is made or waived after the crime has occurred and before it has received a final ruling. If this occurs after the ruling has become final, its execution shall be stayed.

If the court orders withdrawing the check book from the convict and preventing from being given new books according to the provision of article 364 of the commercial transactions law, the public prosecution shall communicate such order to the central bank to be generalized to all banks.

If any bank violates the said order, a fine of (100.000) one hundred thousand dirhams shall be paid.

Article (404) Breach of Trust and Related Matters

Whoever embezzles, uses or wastes funds securities or any other movable property with the intention to prejudice the interest of the due rights owners, if it is delivered to him as a deposit, rent, pledge, loan for use, or proxy, shall be punished by detention or by a fine.

In application of this provision, the partner in a joint property, and the owner’s property, and whoever receives any thing to use in a certain manner for the benefit of its owner or for the benefit of another, shall be considered as an agent.

Article (405)

Whoever, with the intention of taking possession of it, knowingly misappropriates a lost property owned by another or a property which he acquires by mistake or by a force majeure, shall be punished by detention for a period not exceeding two years or by a fine not exceeding twenty thousand Dirhams.

Article (409)-1 Usury

Punishment by detention for not less than one year and by a fine not less than fifty thousand Dirhams shall be inflicted upon any natural person who deals with another natural person by usury interest in any kind of civil or commercial transaction, including any express or latent condition that involves usury interest.

Latent interest shall include any commission or benefit stipulated a creditor, if such a commission or benefit has no corresponding real legal benefit or service provided by the creditor as a consideration.

A principal debt and implied interest may be proved by all means available.

And if the culprit takes advantage of the debtor’s need or his desire to commit the crime stated in this Article of this Law, this shall be regarded as aggregative circumstance.