1. Sources of Law.
In the UAE, the criminal justice system is established on both Sharia law, which deals with serious crimes and personal status issues, and codified federal laws that address a wide variety of offenses. Criminal law has two primary sources:
According to the UAE’s Penal Code, 3. Family law, inheritance, and criminal acts like thefts/adultery, or murder are particularly affected by Sharia principles. Some Islamic punishment involves the use of qisas (retribution) and diya (blood money).
2. Types of Criminal Offenses.
Criminal offenses in the UAE are broadly categorized into three types:
Crimes against individuals: This category includes offenses such as murder, assault, theft, and fraud. In cases of serious crimes like murder, the punishment may include the death penalty, life imprisonment, or diya (blood money).
Crimes against public safety and morality: The UAE places a high emphasis on maintaining public order and morality. Crimes such as public indecency, drunkenness, and offensive behavior in public are subject to strict penalties, including imprisonment and fines. Adultery and consensual extramarital sex are also criminalized in the UAE, although recent reforms have softened some restrictions.
Financial and economic crimes: The UAE is a major financial hub, and financial crimes such as money laundering, embezzlement, and fraud are taken seriously. Federal Law No. 4. Penalties for financial crimes often include heavy fines, imprisonment, and asset confiscation.
3. Cybercrime Laws
Cybercrime is a growing concern in the UAE, especially with the country’s increasing digitalization. Federal Decree-Law No. 34. Hacking: Unauthorized access to computer systems or networks is punishable by imprisonment and heavy fines.
Cyber fraud: Using digital means to commit fraud or steal personal information can lead to severe penalties.
Social media violations: Publishing false information, spreading rumors, or defaming individuals or the government online is strictly prohibited. Off enders can face imprisonment, fines, and deportation.
4. Drug-Related Offenses.
The UAE has a zero-tolerance policy for drug-related crimes, and the penalties for drug possession, trafficking, or consumption are severe. Federal Law No. 14. For drug possession, individuals may face imprisonment or deportation, though recent reforms introduced rehabilitation for first-time off enders, depending on the amount and type of drug.
5. Family and Morality Crimes.
The UAE’s criminal law incorporates provisions based on Sharia principles about family matters and morality. Some key areas include:
Adultery and fornication: Although recent reforms (as of 2020) decriminalized consensual sex outside of marriage for foreigners, certain cases may still be prosecuted under strict circumstances, especially when one of the parties is married.
Drinking: Alcohol is allowed in licensed venues, but public drunkenness or driving while intoxicated is punishable under the law. In the UAE, individuals who drink and drive are subject to stringent DUI statutes that mandate imprisonment and substantial fines for any trace of alcohol in their system.
In the UAE, it is illegal to engage in domestic violence and this can lead to imprisonment and fines. Federal Law No. 10. 6. Punishments and Penalties.
Depending on the severity and type of crime committed, there are different punishments for certain crimes in the UAE. The most prevalent penalties are:
Fines are imposed for most minor offenses and misdemeanors.
Those who commit more serious crimes are often subject to imprisonment. From minor crimes to serious crimes, jail terms can be short-lived and up to life.
Imprisonment: Apart from other penalties, individuals who are found guilty of crimes in the UAE may be deported. What are the consequences? Drug offenses, cybercrimes (such as extortion),and d violations of public morality are among the most common reasons for deportation.
The UAE still uses the death penalty for certain crimes, including murder, terrorism, drug trafficking, and religious offenses. Despitthisis, executions are infrequent, and sentences are frequently shortened to life imprisonment.
7. Criminal Procedure
Crime is investigated, prosecuted, and ruled on according to a well-defined criminal procedure in the UAE. Federal Law No. 35. In custody: Individuals suspected of a crime may be taken into custody while an investigation is conducted. Two days of detention without charges is allowed, after which formal charges must be filed.
Public Prosecution investigates criminal cases in the UAE?. their responsibilities include gathering evidence, interviewing witnesses, and selecting whether to proceed with the prosecution.
The UAE legal framework, which comprises three tiers of courts: the Court for First Instance, the Court of Appeal, and the Supreme Court, dictates that trials are held. Right to a lawyer: Defendants can appeal their convictions.
Probation of innocence: Under UAE law, no one is considered innocent until proven guilty, and the prosecution must prove their innocence.