crime of assaulting and physically abusing the other Based on the UAE penal code The penalty of this crime varies depending on the culprit’s intent and the magnitude of the damage he inflicted on the victim’s body WhatsApp: +971555570005
The crime of assaulting and physically abusing the other
Based on the UAE penal code No.3 of 1987 and its amendments
The penalty of this crime varies depending on the culprit’s intent and the magnitude of the damage he inflicted on the victim’s body, as we were able to classify the penalties upwards from the lightest to the most severe as follow:
• If anyone physically assaults another person in any manner and the assault leads to illness or the inability to do his personal work for a period of twenty days, the perpetrator shall be punished by detention and by and fine, and if the assault has not reached this degree of seriousness the punishment shall be imprisonment for a period not exceeding one year and by a fine not exceeding ten thousand dirhams, and if the assault on a pregnant woman results in abortion it shall be considered an aggravating circumstance.
• If the physical assault results in a permanent disability without the culprit’s intention to do so ,the penalty shall be imprisonment for a period not exceeding five years , and if one of the following aggravating circumstances arises , the penalty shall be imprisonment for a period not exceeding ten years :
1. If the assault occurs with layaway or with premeditation.
2. If the assault accompanied by or associated with to another crime.
3. If it’s perpetrated against any of the culprit’s descendants.
4. If the assault is against a public official or one in charge of a public service in the course of , because of or on the occasion of performing his duties or service .
5. If a poisonous or detonating substance is used in a crime.
6. If the culprit is under the influence of intoxication or stupefaction.
– A person shall not be criminally responsible if, at the time of a crime, he was unconscious or out of his senses because of madness or mental handicap or because of unconsciousness caused by drugs, narcotics or intoxicants of any, whether given to him forcibly or taken by him unknowingly –
• Whoever willfully causes another a permanent disability shall be punished by imprisonment for maximum period of seven years, and if any of the circumstances indicated in the paragraph above is inapplicable it shall be considered an aggravating circumstance.
Permanent disability shall arise if an injury leads to severance or dismemberment of any organ or amputation of any part thereof, to the loss or diminution of its use, or to permanent, total or partial failure of the function of any of the senses.
• Whoever assaults another person physically in any manner without intending murder, but the assault leads to death, shall be sentenced to imprisonment for the period not exceeding ten years. And if any of the circumstanced specified above arises, it shall be considered an aggravating circumstance.
We note at the end of this article that the legislator has made the punishment for the crime of physical assault and injury commensurate with the severity of the damage caused by culprit to the victim’s body , as it escalates from imprisonment and a fine to imprisonment for a period not exceeding ten years .
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE