Insane Criminal Liability According to the UAE Penal Code Mohamed Al Marzooqi Lawyer Dubai Abu Dhabi Lawyer Drug Crime Drug Case WhatsApp: +971555570005
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Insane Criminal Liability According to the UAE Penal Code Mohamed Al Marzooqi Lawyer Dubai Abu Dhabi Lawyer Drug Crime Drug Case WhatsApp: +971555570005
Insane Criminal Liability
According to the UAE Penal Code
Insanity… is the disorder of the mental powers, which leads to perceiving incidents and estimating things in an incorrect way differs from perception and estimation of the sane persons. Insanity has many reasons, including drug abuse and addiction, rush into lust, a psychological trauma cannot be endured or disruption of the functions of the nerves. Insanity may be continuous or sporadic. Accountability of the insane towards his criminal acts is stated upon in Article 60 of the UAE Federal Penal Law number 3 of 1987:
He shall not be criminally responsible whoever was, at the time of perpetrating the crime, in a state of unconsciousness or loss of perception due to lunacy, mental handicap or a intoxicating materials of any kind given to him by force or taken unconsciously by him or for any other reason proved scientifically that it causes loss of consciousness or perception.
However, if the insanity, mental handicap, drugs, stupefacient or intoxicating materials result only in a diminution or weakness of consciousness or perception at the time of perpetration of the crime, it shall be considered an extenuating excuse.
Therefore, the legislator decided not to hold accountable who lacks awareness or will at the time of committing the crime as a result of insanity or mental handicap, but lack of legal accountability in case of taking drugs and liquors is limited to taking them by force or taking them without knowledge of their nature and effect, but if he is aware that they are drugs or psychotropic substances and took them he shall be criminally accountable.
If the previous reasons lead to weakness in perception but not losing it completely, at the time of committing the crime, this will be considered a mitigating excuse.
It is clear from flexibility of the UAE legislator and its accuracy in its provisions that it has decided to hold accountability against each crime doer according to his perception and awareness at the time of its committing, in whole or in part. In case the absence of awareness or its weakness results from drugs or psychotropic substances, the legislator distinguishes between whether the criminal took them by his will or by force, means that he was forced to take them by another person or took them without knowledge of their nature and impact.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
