Crime of Intentional and Unintentional Manslaughter UAE Law

Crime of Intentional and Unintentional Manslaughter UAE Law

Crime of Intentional and Unintentional Manslaughter UAE Law Mohamed Al Marzooqi Advocates lawyers Dubai Lawyer Abu Dhabi UAE WhatsApp: +971555570005
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Crime of Intentional and Unintentional Manslaughter UAE Law Mohamed Al Marzooqi Advocates lawyers Dubai Lawyer Abu Dhabi UAE WhatsApp: +971555570005

Crime of Intentional and Unintentional Manslaughter UAE Law

The Emirati Penal Law specializes crimes of harming life and safety of his body with a chapter of law consists of thirteen articles focus on criminalizing and determining penalty of the criminal acts against the human life and his safety. In subject of murder, the legislator determines, in Article 332 of the Emirati Penal law number 7 of 2016, penalty of intentional manslaughter as it states that:
1. Whoever deliberately takes a human life shall be sanctioned to term or life imprisonment.
2. The penalty shall be capital punishment in case the murder is perpetrated with premeditation or advance determination, in conjunction with or linked to another crime, committed against one of the perpetrator’s ascendants or on a public service or a person in charge of a public service during or because of the discharge of his duties or his service or if a poisonous or explosive substance is used in the crime.
3. The penalty shall be detention for a minimum period of seven years should the persons entitled to blood money desist from their right to punishment at any stage of trial or prior to the completion of execution.
From the aforementioned, we conclude that:
• The prescribed penalty for the intentional manslaughter crime is life imprisonment.
• The sanction is tightened in specific cases determined by the legislator in the article provision:
1- The murder that is perpetrated with premeditation or advance determination. Article 333 defines terms of premeditation and advance determination, as it says:
“Premeditation means the intended determination prior to the perpetration of the crime on any person and minutely arranging for the necessary means to perpetrate the act.
Laying in means lurking for a person, in one or several places for a long or short period, in order to murder a person or assault him by any act of violence.”
The reason for the tightened sanction in this case is the previous intention for killing the victim.
2- In the case of murder in conjunction or related to another crime, tightening the punishment is a result of multiple crimes within a short period. The criminal committed the murder crime and was not satisfied but he committed another crime. The Emirati legislator considers the conjunction between murder and the other crime. It considers the two crimes as one crime, and prescribes one sanction for both of them that is capital punishment, considering that conjunction is a tightened condition. Reason for tightening is the criminal seriousness revealed by the criminal who does not hesitate to commit two crimes, one of them is the intentional murder, within a short period.
3- If murder occurs to one of the criminal relatives, as the criminal kills his mother, father, grandfather or grandmother. Tightening reason is the criminal seriousness who does not abstain from killing the closest people to him, given that the legislator has not tightened the punishment in case the criminal kills a son or a grandson.
4- If murder occurs to a public servant or a person assigned with public service during or because or related to doing his job or service, and the criminal should know that his acts falls upon a public servant a person assigned with public service during or because or related to doing his job or service. The legislator considers this state as the criminal undermines prestige of the State. If he does not know about this, he will be punished for a simple intentional manslaughter because motivations for murder in this state become personal.
5- If a poisonous or explosive object used in the process of murder, the punishment is tightened in case of intentional murder with poison because the murdered was close to the criminal and trusted him, so he did not take the precautionary procedures, and this can be described as betrayal. Reason for tightening in case of using the explosive objects as a tool for murder is the criminal seriousness in the criminal personality who has previous knowledge with seriousness of such an object.
• The penalty shall be detention for a minimum period of seven years should the persons entitled to blood money desist from their right to punishment at any stage of trial or prior to the completion of execution.
Accordingly, article 332 has stated upon the intentional murder that is different from the unintentional murder in the moral side only, as both the intentional and unintentional murder are common in:
• Subject of violence: that is life of the human being which requires that the victim is alive human at the time of committing the criminal act. In other words, subject of murder is the benefit which law aims to protect under the penalty. The crime is based on assaulting this benefit.
• The moral side: it is realized through assault on life that results in taking life of the victim.
The difference between the intentional murder and the unintentional murder is in the moral side. In the intentional murder, it is the criminal intention means the criminal will to commit the crime and he knows the act he does. In the unintentional murder, there is no criminal intention. It is often resulted from the criminal negligence and not abiding by the regulations and laws. Article 342 has declared punishment of the unintentional murder as it states that:
“He shall be sentenced to detention and/or to fine, whoever caused by his own mistake the death of a person.
The penalty shall be detention for a minimum term of one year and a fine in case the crime is committed as a result of failure by the offender to observe the ethics as dictated by his employment, profession or craft, or if he was under the influence of intoxication or stupefaction when the accident occurred or if he abstains then from assisting the victim or call for help though he was in a position to do so.
The penalty shall be detention for a minimum term of two years but not exceeding five years and a fine if the act caused the death of more than three persons. Should any of the circumstances mentioned in the preceding paragraph is present, the penalty shall be detention for a minimum term of three years but not exceeding seven and a fine.
Upon the aforementioned article, we can say the following:
• The penalty of unintentional manslaughter is imprisonment for a period not less than a year and a fine, in case the crime occurs at any of the following cases:
1- As a result of failure by the offender to observe the ethics as dictated by his employment, profession or craft, and if he drives his vehicle fast in a way busy with passersby, and this led to killing of a passerby.
2- If the offender was under the influence of intoxication or stupefaction when the accident occurred, and this confirms not abiding by the laws and regulations at the crime occurrence place of the unintentional manslaughter.
3- If the offender abstains then from assisting the victim or call for help though he was in a position to do so, as the offender may find an injured person or thrown in the way, and abstains from aiding him.
• Punishment of the inintentional manslaughter shall be detention for a minimum term of two years but not exceeding five years and a fine if the act caused the death of more than three persons. Tightening the penalty here because of the serious calamity which required more care from the offender and saving lives of the victim. If there is another condition from those provided in the previous paragraph, the penalty will be imprisonment for three years at least and not exceeding seven years and fine.
From the aforementioned, we find that the Emirati legislator is accurate and objective, and aims at restoring rights to sustain the human life, and thus to maintain the society and its safety.

Attorney/ Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE

“Crime of Intentional and Unintentional Manslaughter UAE Law”