What do you know about the new Crimes and Penalties Law in the UAE?

What do you know about the new Crimes and Penalties Law?.. Decree No. 31 of 2021 that was recently issued and in force from January 2, 2022, repealing Federal Law No. 3 of 1987 issuing the Penal Code and its amendments, and repealing Federal Law No. 9 of 2018 In the matter of beggary, Federal Decree-Law No. 1 of 2019 determining the blood money for the deceased in error is repealed. The decree-law affirmed that the provisions of Islamic Sharia apply with regard to retribution and blood-money crimes, and other crimes and the penalties prescribed for them are determined in accordance with the provisions of this law and applicable penal laws. The time of its commission, and the lesson in determining it is the time at which the acts of execution were carried out without regard to the time when the result was achieved. Abandonment for which the accused was sentenced without a penalty shall suspend the execution of the judgment, and its penal effects shall expire, unless the new law stipulates otherwise. He should reconsider the sentence imposed in light of the provisions of the new law. The decree-law increased the value of the fine, raising the maximum limit to no more than 10 million dirhams in felonies, and 5 million dirhams in misdemeanours, while in the previous law it was not more than one million dirhams in felonies, and 300,000 dirhams in misdemeanour, and the following are: Points and articles that have been amended in the Decree-Law: A new clause, the fourth, which reads: “The crime of premeditated murder that occurs against a citizen of the state,” has been added to Article 21, which states: This law applies to anyone who commits an act outside the state that makes him a perpetrator or accomplice in one of the crimes mentioned in this Article. And electronic monitoring was added to the period of execution of the penalty in Article 25, so that “the period he spent in detention, pretrial detention, electronic monitoring, or execution of the penalty outside the crime, for the crime for which he was sentenced, is calculated when executing the penalty.” * What about the types of crimes? Crimes are divided into three types: felonies, misdemeanors, and infractions. The type of crime does not change if the court replaces the prescribed penalty with a lighter penalty, whether for legal excuses or mitigating discretionary circumstances unless the law provides for that. * What about the misdemeanor and the parentage? A misdemeanor is a crime punishable by one or more of the following penalties: Imprisonment and a fine not exceeding 10 thousand dirhams. The amount of blood money for the erroneously deceased person, male or female, is set at 200 thousand dirhams, and it is permissible by a decision of the Council of Ministers based on a proposal from the Minister of Justice to amend the amount of blood money stipulated in the previous paragraph, by increasing or decreasing. Is it a crime for harm to occur while providing assistance or relief? There is no crime in an act committed in good faith and causing harm to another person when providing assistance or relief to him in cases that require urgent intervention in order to save his life, or to avoid any harm affecting the integrity of his body or to limit such damage. * Is the criminal case against young people? A criminal case is not instituted against a person who at the time of the crime was not completed eleven years old, and the provisions stipulated in the legislation relating to delinquent juveniles and those at risk of delinquency apply with regard to lack of discrimination and young age, while the article related to this provision in the previous law stipulated: “The criminal case shall not be instituted. For a person who at the time of committing the crime was not completed seven years old, and the age is proven by an official document, if this is not possible, the investigation or trial authority shall delegate a specialized doctor to assess it by technical means. How much is the fine penalty? The decree in the new law increased the penalty, as the text of the fine penalty became: “Obligating the convict to pay the treasury the adjudged amount, and it may not be less than a thousand dirhams and not exceed a maximum of 10 million dirhams in felonies and 5 million dirhams in misdemeanours, all of that unless provided for The law is otherwise.” While in the previous law it was not more than one million dirhams in felonies, and 300,000 dirhams in misdemeanours. * What about the ancillary and complementary penalties? The decree in the new law added dismissal from public office to the types of accessory penalties that were previously deprivation of certain rights and privileges, police control, and amendments were made to complementary penalties, including confiscation, which is the ruling devolving private money to the state without compensation or compensation. The perpetrator is unknown, his penal responsibility has been abstained, or the criminal case for a crime has expired, without the court ruling on its own or at the request of the Public Prosecution, as the case may be, to confiscate the seized items if it is proven that they are related to the crime. this matter. When a public official is sentenced to imprisonment in one of the crimes in which the offender is required to be a public official, he may be sentenced to dismissal for a period of no less than one year and not more than three years, starting from the date of completion of the execution of the penalty or its forfeiture. * What about the death penalty and life imprisonment? The decree-law included a number of articles that stipulate the imposition of the death penalty and life imprisonment, as Article 163 states: “Any person who commits in peacetime any of the following acts shall be punished with life imprisonment: With either of them, and that would harm the state’s military, political or economic position, and whoever intentionally destroyed, concealed, embezzled, or forged papers or documents knowing that they were related to state security or any other national interest, and whoever sought to recruit or recruit people for the interest of a state A foreign or hostile group or seeks to disturb the security of the state, or to one of those who work in their interest, and the penalty shall be the death penalty if the crime occurred in time of war or with the intent to harm the state’s military, political or economic position, or a national interest thereof, or if the crime was committed by a public official or charged with a public service. Article 174 stipulates that whoever commits an act against a foreign state that would harm political relations or expose the state’s citizens, employees, funds, or interests to the risk of reprisals shall be punished with life imprisonment. The act stipulated in the first paragraph of this article occurred by writing, speaking, drawing, declaring, or by any information technology or media means, the penalty shall be imprisonment for a period of no less than 5 years, and a fine of no less than 100,000 dirhams. * What is the penalty for gathering with intent to riot? Amendments have been made to the text of the article, which was 197 bis 1, to become 210, and its text reads: “Any person who participates in a gathering of at least five people in a public place with the intent of rioting shall be punished by imprisonment for a period of no less than one year and a fine of no less than 100,000 dirhams. Or prevent or obstruct the implementation of laws and regulations, or if it would disturb public security, if he remained assembled after an order was issued by one of the authorities to disperse and leave, and the penalty shall be imprisonment for a period of no less than 3 years and a fine not exceeding 200,000 dirhams if he wears masks or Covers to hide facial features with the intent to commit a crime during the gathering. The penalty shall be imprisonment for a period of no less than 5 years if the gathering results in riots, disturbing peace or public security, disrupting traffic, or assaulting or endangering lives or public or private property, and the penalty shall be Imprisonment for a period of no less than 10 years if one or more of those who make up the gathering are carrying visible or hidden weapons, even if they are licensed to carry them. * What is the penalty for spreading false news and rumors? Anyone who broadcasts or disseminates false or tendentious news, statements or rumors, or broadcasts sensationalist propaganda that: disturbs public security or spreads terror among people, and harms the public interest, shall be punished by imprisonment for a period of no less than one year and a fine of no less than 100,000 dirhams. Inciting or inciting public opinion, and the penalty shall be imprisonment for a period of no less than two years and a fine of no less than 200,000 dirhams if any of the actions mentioned in the first paragraph “Article 217” result in inciting or inciting public opinion against one of the state authorities or institutions, and shall be punished with the penalty The same stipulated in the first paragraph of this article, whoever possesses himself or through an intermediary or possesses papers, publications or recordings of any kind that include something of what is stipulated in the first paragraph if they are intended for distribution or for the information of others, and whoever possesses or possesses any means of The means of printing, recording, or publicity were used or prepared for use, even temporarily, to print, record or broadcast anything of the above. And the decree-law introduced in this chapter an article that stipulates the following: “Any person who violates the instructions issued by the relevant authorities in the country regarding the implementation of United Nations Security Council resolutions regarding the imposition of international sanctions shall be punished with temporary imprisonment and a fine of no less than 500,000 dirhams and not more than two million dirhams.” on countries.” * What measures may the court order to subject the convict to these measures? The Decree-Law specifies 8 measures in which the court may, at the request of the Public Prosecution, order the subjugation of the convict in one of the stipulated felonies and his condition calls for the application of this procedure in order to preserve the safety of society, and for the period specified by the court, to take one or more of the following measures: Travel ban Limitation of residence in a specific place, prohibition from going to certain places or places, prohibiting contact with a specific person or persons, prohibiting the use of certain means of communication or preventing them from possessing or acquiring them, placing the convict under supervision or supervision, placing the convict in a rehabilitation center, submitting Counseling programs for those convicted of a felony that threatens the internal security of the state. The Public Prosecution supervises the implementation of the measures and submits reports to the court it has ordered about the conduct of the subject at periodic intervals, none of which exceeds 3 months. The court may order the termination of the measure, its modification, or a decrease in its duration. At the request of the Public Prosecution or the person subject to the measure, and if the request of the person subject to the measure is rejected, he may not submit a new application until after 3 months have passed from the date of the rejection. t ordered by the court. The Public Prosecutor may accept reconciliation in the crimes stipulated in Articles 174, second paragraph, 176 first and third paragraphs, 184, 209, 210 first paragraph, 217 first, second, and third paragraphs, 221 of this Decree-Law, in return for paying the accused an amount of not less than 50 thousand dirhams. And it does not exceed 500 thousand dirhams, before referring the criminal case to the competent court, and the reconciliation results in the expiration of the criminal case, and the reconciliation has no effect on the rights of the victim of the crime. * What is the penalty for a mistake that causes damage to money and interests? Shall be punished by imprisonment and a fine not exceeding 50 thousand dirhams, or by one of these two penalties, any public employee or a person charged with a public service who, by his mistake, causes damage to the funds or interests of the entity in which he works, or the funds or interests of others entrusted to that entity, and the criminal case does not lapse with the passage of time. The period in one of the crimes stipulated in the chapter on embezzlement and damage to public funds, and the sentence imposed does not lapse, and the civil lawsuits arising or related to them do not expire with the lapse of the period. * What is the penalty for crimes related to public office? Anyone who requests for himself or for others or accepts or takes a promise or gift to use real or alleged influence to obtain or to attempt to obtain from a public administration or authority or an entity subject to its supervision shall be punished by imprisonment for a period of no less than one year and a fine of no less than 20,000 dirhams. If the offender is a public servant, a public servant, a foreign public servant, or an international organization employee, the penalty shall be imprisonment for a period not exceeding 5 years. * What is the penalty for assaulting employees? Whoever uses force, violence, or threat against a public official or a person assigned to a public service with the intent of forcing him unjustly to perform an act of his job or to abstain from it, and he did not reach his goal, shall be punished by imprisonment for a period of no less than 6 months. If the crime is committed with premeditation or by more than one person, or if the offender is clearly carrying a weapon, or if the crime is accompanied by beatings, the penalty shall be imprisonment for a period of no less than one year and a fine of not more than 100,000 dirhams. * What about crimes against religious beliefs and rituals? “Whoever commits one of the following crimes shall be punished by imprisonment and a fine, or one of them: insulting one of the Islamic sanctities or rituals, insulting one of the recognized heavenly religions, improving, inciting or promoting disobedience, or doing anything that tempts to commit it. These crimes in public were punishable by imprisonment of no less than one year and a fine of no less than 100,000 dirhams, or one of them.” This new text has been deleted from this new text (the Muslim eats pork with his knowledge of that), and this text was present in the previous law, and anyone who offends one of the sanctities or rituals established in other religions shall be punished with imprisonment and a fine or one of these two penalties. According to the provisions of Islamic Sharia. A penalty of imprisonment not exceeding 6 months and a fine of not more than 100,000 dirhams, or one of the two penalties, shall be imposed on whoever drinks alcoholic beverages in a public place or in places other than authorized, in accordance with the legislation in force, or is found drunk in a public place, and causes a riot or cause Disturbing others or disturbing the general comfort because of his drunkenness. * What is the penalty for crimes affecting the family? The decree-law has increased the penalty for this type of crime, as anyone who distances a newborn child from someone who has legal authority over him, or hides him or substitutes him for another or falsely attributes him to other than his parents shall be punished with temporary imprisonment. If it is proven that he is dead, the penalty shall be imprisonment for a period not exceeding two months. And a fine not exceeding 50 thousand dirhams or one of these two penalties. * What is the penalty for an indecent and indecent act? Anyone who publicly commits an indecent act shall be punished by imprisonment or a fine of no less than one thousand dirhams and not more than 100,000 dirhams. or one of them, and the same penalty shall be imposed on any person who commits any statement or act that violates public morals, and he shall be punished with imprisonment for a period of no less than one year. No more than one year and a fine of no more than 10 thousand dirhams or one of them. Every male: He exposes a woman in a way that offends her modesty by word or deed on a public road or a frequented place, or disguises herself as a woman, and enters a place reserved for women or prohibited for entry at that time to non-women. In this case, the offender committed a crime, which is considered an aggravating circumstance, and he shall be punished by imprisonment for a period of no less than one year and a fine of no less than 10 thousand dirhams, or by one of these two penalties, whoever commits the crime of sexual harassment, and the penalty shall be imprisonment for a period of no less than two years and a fine of no less than 50 thousand dirhams, or one of these two penalties, if there are more than one offender. * What about animal abuse? The decree-law introduced a new clause to Article 466, and this clause is “Anyone who leaves a stray animal in circumstances that pose a danger to people.” In this case, he is punished by imprisonment and a fine or one of these two penalties, and a fine of not more than 3,000 dirhams shall be imposed on whoever caused his mistake. Injuring an animal or livestock owned by others, and if his mistake leads to its death, the penalty shall be a fine not exceeding 10 thousand dirhams. To the decree-law, a chapter of 5 articles on beggary was added, and it ensured that the Public Prosecution may refer the accused in the crime of beggary to the competent authorities instead of filing a criminal case, in order to work on his social care, or to qualify him to work if he is a citizen of the state and it is proven that he is forced, or incapable For earning and has no other source of livelihood.