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DRUG CASES

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

Traffic Accidents Compensation

Traffic Accidents Compensation 800 800 AmalKhamisAdvocates

Traffic Accidents Compensation

I was hit by a car. The driver was drunk and I suffered several injuries in different parts of my body which forced me to not go to my work in addition the damage of my belongings.

What is my right in the compensation and who is responsible for this?

UAE law provides full protection to individual rights specially the right in physical and financial security

(Any harm done to another shall render the actor, even though not a person of discretion, liable to make good harm)

How to Take Procedures?

To open criminal case claiming for temporary compensation before criminal courts and file civil compensation case against the driver, car owner and insurance company.

First: the right to open criminal case and file civil case seeking for temporary compensation before criminal courts against the driver for committing several crimes punished by UAE Penal Code.

  1. Drinking alcoholic drinks  in circumstances other than those prescribed by law; 
  2. Driving his/her car under the influence of alcohol;
  3. By his or her own fault, he/she compromises another body safety;
  4. By his or her own fault, he/she damages properties owned by another person; 

B. The right to file a case for compensation for damages you suffered from whether these damages are material or moral against the actor, the car owner and the insurance company of the car causing the accident.   

Because the fault is made by the driver who drinks alcoholic drinks and drives under the influence of alcoholic drink without consideration of driving circumstances. The driver could not keep to the approved rout swerving suddenly which cause the accident. Because of this fault, the victim is inflicted by physical damage. The causal relation between the driver’s fault and the damage occurred to vehicles and other damage is provided.     

In this case, you shall file it against:

1. The driver:

Pursuant to article (282) of Civil Transactions Law No. 5/1985 as follows:

 (Any harm done to another shall render the actor, even though not a person of discretion, liable to make good harm)

2. Insurance Company of the driver’s car:

Pursuant to article (26) of law No.21 of 1995 Concerning Road Traffic as follows:

(The licensing of any motor vehicle or the renewal of its license shall be on condition of insuring it at least against third parties, in accordance with the provisions of this Law.

Any person inflicted with bodily harm caused by the use of a vehicle may resort directly to the insurance company for compensation.)

It is necessary to recuse the insurance company as per the procedures stipulated by law.  

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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.

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)
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