• Call Now +971 506531334 Business Bay, Dubai.

CRIMINAL CASES

  • AmalKhamisAdvocates
  • No Comments

The Suspicion Is Explained In Favor Of The Accused
The Suspicion Is Explained In Favor Of The Accused 800 800 AmalKhamisAdvocates

The Suspicion Is Explained In Favor Of The Accused

My brother is accused in a penalty case, and the papers are empty of evidence of incriminating evidence against him. What is the ruling in this case?

the suspicion is explained in favor of the accused. If the court suspects the defendant, it must wipe out his acquittal.
The judgment of his court had been made to the effect that it was sufficient to give effect to the acquittal to determine that there was doubt about the evidence and that the doubt was explained in favor of the accused and that the acquittal was not required to be separately found in each conviction but sufficient to respond in a sentence to his doubts, all of which were conditional The court had tried the case, informed its circumstances, and the evidence on which the indictment was based, and found it to be visually and visually balanced with the evidence of the denial, which had overturned the defense of the accused or had involved in the suspicion of the elements of the indictment The point was made that he had visually and visually examined such evidence, and that the fact that it was intended in that regard was unacceptable, since it was the substantive argument in the Court of Cassation that the evidence should not be raised before the Court of Cassation
Judgment of appeal No. 2011

  • AmalKhamisAdvocates
  • No Comments

When do I have the right to defend myself?
When do I have the right to defend myself? 800 800 AmalKhamisAdvocates

When do I have the right to defend myself?

RIGHT OF DEFENSE

  1. The legitimate right of defense is set to retaliate and prevent aggression from continuing only.
  2. It is legal to take a drug with a prescription if used for the purpose of medicines if taken provided that it shall be prescribed by doctor working in UAE.
  3. Offenders who are deemed criminally irresponsible for their criminal actions because of mental illness are the persons without feeling or perception.
  4. Psychological diseases that do not make a person losing feeling or perception are not reason for irresponsibility.
  5. Personality disorders do not refer that a person is irresponsible for actions.
  • AmalKhamisAdvocates
  • No Comments

Commute The Punishment And Reduce It On The Accused
Commute The Punishment And Reduce It On The Accused 800 800 AmalKhamisAdvocates

Commute The Punishment And Reduce It On The Accused

When can the court commute the punishment and reduce it on the accused?

The young age of the defender or committing the crime while not having malice motives or of the serious provocation of the wrongdoing made by the victim.

When can the court impose maximum punishment on the accused?

  • the Committing the crime with heinous motives
  • The Commission of the crime by taking advantage of the victim’s poor perception, inability to resist or in circumstances that others cannot defend him.
  • Commission of the crime by means of brutality or mutilation of the victim.
  • the occurrence of the crime by a public official by the use of his or her position or capacity unless the law establishes a special penalty in this capacity.
  • AmalKhamisAdvocates
  • No Comments

Touching Person Under 14 Years
Touching Person Under 14 Years 1500 1495 AmalKhamisAdvocates

Does touching the body of a person under 14 years considered as a mutual consent indecent assault crime?

Indecent assault may be committed against male or female. The answer as follows:

Touching the body of a person under 14 years is not mutual consent indecent assault crime but coerced indecent assault crime as we will indicate herein.

Article 356 of the Penal Code provided for a penalty of temporary imprisonment if the crime of indecent assault is committed against a male or female who is under fourteen years of age even if the crime committed with mutual consent. The legislator deems that the consent of those under this age is totally unreliable for lack of will. Therefore, it is sufficient for the requirement of coercion element in indecent assault crime, to be committed against a victim under 14 years of age.

And there is large difference between the two crimes:

The penalty for mutual consent indecent assault shall be imprisonment for at least a period of one year., whereas the penalty for coerced indecent assaults shall be the temporary imprisonment.

Indecent assault is disgraceful act that afflicts the body, private parts of the victims. Groping and touching the private parts of the victims is a crime of indecent assault.  Criminal intent   of indecent assault crime consists in the will of the offender to commit the act.

Is just the act of photographing the victim naked without consent considered coerced indecent assault?

Answer: Yes, it is a coerced indecent assault under article 356 of the federal penal code.

If a person committed the act of stalking and watching female in place where she changes her dress or any other place through a window and photographs her naked against her will, he is considered committing a coerced indecent assault under article 356 of federal penal code.

does the subsequent marriage deny indecent assault crime?

Subsequent marriage does not deny the constituent elements of the crime

Court of Cassation judgment No. 1/2016 Dubai, dated 25/1/2016

does the leave of marks on the victim body denying the coerced indecent assault crime?

Answer

Not non-leaving marks on the victim body does not deny the crime of coerced indecent assault or sodomy.

  • AmalKhamisAdvocates
  • No Comments

Drug Crime Under UAE Law
Drug Crime Under UAE Law 1000 822 AmalKhamisAdvocates

Is drug abuse outside the country a crime under UAE law?

State courts are not competent to hear criminal proceedings if the accused is found to be guilty outside the State

The offense of drug abuse is a temporary crime and is not continuing

What if drugs are taken outside the UAE

What UAE law provides for in the fight against narcotic substances and psychotropic substances:

“the crime of drug abuse is temporary crime not continuing crime because its material element is achieved at a specific moment of time and ends with the end of the act of abuse. This is not affected by the continuing effect of the crime of drug abuse since the effect of the act is not to be considered in its legal adaptation

Article 142 of the Code of Criminal Procedure stipulates that ” Jurisdiction shall be determined by the place where the crime occurred.”

Article 146 of the same Act stipulates that”Should the court notice, at any stage of the proceedings, that it lacks jurisdiction to examine the case, it shall decide its incompetence even without any request to this effect”.

The Court of Cassation has also ruled that “article 16, 18, 19, 20, 21, 22 of the Penal Code and article 142 of the Penal Procedure Code  jointly refer to” Unless otherwise stipulated in a special provision”

The courts of the State are not competent to adjudicate offenses committed outside the territory of the State. This does not change the fact that the legislator has expressed in article 16 of the Penal Code “A crime shall be considered perpetrated in the territory of the State if any of its constituent acts occurs therein”. , as the goal of including this provision in the chapter of the law application in terms of place, it means that the matter is related to  the jurisdiction place of the State courts and the courts may not consider the crimes committed outside the territory and therefore not apply the provisions of domestic law to that kind of crimes. If courts come to adjudicate a crime matter assigned to the accused party although these crimes approved that they occurred abroad, in cases other than those excluded, the courts will violate  the rules of territorial jurisdiction.

(Appeal No. 2000/27, Penal Circuit: Date 08-04-2000 – rule 19, issued in edition No. 11, 2000, Page No. 1193 – Judgments of Court of Cassation)

  • It is decided also by the court of cassation that:
  • The crime of drug use or psychotropic substancesuse are a temporary crimes  which begin and end at the time of abuse. This description is not affected by  the continuing effect of the use of narcotic drugs, The Court of Cassation has ruled that “the crime of drug abuse is temporary crime not continuing crime because its material element is achieved at a specific moment of time and ends with the end of the act of abuse. This is not affected by the continuing effect of the crime of drug abuse since the effect of the act is not to be considered in its legal adaptation”
  • (Appeal No. 1998/15, Penal Circuit: Date 20-06-1998 – rule 19, issued in edition No. 9, 1998, Page No. 1079 – Judgments of Court of Cassation)
Enter your
text here
We use cookies in order to give you the best possible experience on our website. By continuing to use this site, you agree to our use of cookies.
Accept