Lawyer Role In Litigation – Ask Lawyer Online In Abu Dhabi – Dubai UAE
By : Mohamed Al Marzooqi Advocates & Consultancy
Jan 03, 2020
Lawyer Role In Litigation – Ask Lawyer Online In Abu Dhabi – Dubai UAE
Lawyer Role In Litigation – Ask Lawyer Online In Abu Dhabi – Dubai UAE
The role of the lawyer in the litigation
In the context of enhancing its role in spreading the culture of arbitration, the Sharjah Center for International Commercial Arbitration, in cooperation with the Institute for Training and Judicial Studies and the Abu Dhabi Center for Conciliation and Commercial Arbitration, organized a panel discussion entitled:
The Role of the Lawyer in Arbitration Disputes, which was transmitted for the first time via video conference to and from the Sharjah Center for International Commercial Arbitration And the Institute of Training and Judicial Studies
The seminar began with a speech by the consultant Dr. Muhammad Mahmoud Al-Kamali, Director General of the Institute for Training and Judicial Studies, in which he thanked the cooperating parties and the organization and thanked the attendees,
during which he talked about the role of the lawyer in the arbitration dispute and the growth of this role in the future, which required presenting this seminar, and wished the participants to achieve the greatest amount in it From scientific and practical benefit.
Ahmed Saleh Al-Ajlah, Director of the Sharjah Center for International Commercial Arbitration, gave a speech in which he thanked the Judicial Training Institute and the Abu Dhabi Center for Conciliation and Commercial Arbitration for the cooperation and support in
organizing this seminar, and wished for more cooperation in the future in order to achieve the vision and goals of the cooperating parties in spreading the culture of arbitration. Then he touched on the role of arbitration in settling disputes, the growth of this role in the coming
period, and the important role of the lawyer in the arbitration dispute, which is the cornerstone of the arbitration litigation, whether he is an agent on behalf of one of the parties to the dispute or an individual arbitrator or a member of a tripartite arbitration panel.
***
Federal Law Number 3 of 1987
Concerning the issuance of the penal code
Concerning the issuance of the penal code
Official Gazette No. 182, seventeenth year, dated 12/20/1987, and it was implemented on March 20 1988
We, Zayed Bin Sultan Al Nahyan, President of the United Arab Emirates,
After perusal of the interim constitution,
And Federal Law No. (1) of 1972 AD regarding the ministries ‘competencies and ministers’ powers, and the amending laws thereof,
And Federal Law No. (9) of 1976 in the matter of juvenile delinquents and the homeless.
And based on what was presented by the Minister of Justice, and the approval of the Council
Ministers, the Federal National Council and the approval of the Federal Supreme Council.
We issued the following law:
Article 1
The accompanying law shall be enforced regarding crimes and penalties, and every text that contradicts its provisions shall be canceled.
The accompanying law shall be enforced regarding crimes and penalties, and every text that contradicts its provisions shall be canceled.
Article 2
The ministers and the competent authorities in the Emirates, each within his jurisdiction, shall implement this law.
Article 3
This law shall be published in the Official Gazette and shall be enforced after three months from the date of its publication.
The first book
General provisions
The first Door
Introductory provisions
Article 1
In the matter of hudud crimes, retribution and blood money, the provisions of Islamic law, and the discretionary crimes and punishments of discretionary punishment are determined according to the provisions of this law and other penal laws.
General provisions
The first Door
Introductory provisions
Article 1
In the matter of hudud crimes, retribution and blood money, the provisions of Islamic law, and the discretionary crimes and punishments of discretionary punishment are determined according to the provisions of this law and other penal laws.
Article 2
No person is accused of another’s crime. The accused is innocent until proven guilty according to the law.
Article 3
The provisions of Book One of this law shall apply to crimes stipulated in other penal laws, unless otherwise stipulated in them.
Article 4
No criminal measure shall be imposed except in the circumstances and under the conditions stipulated in the law, and provisions relating to penalties shall apply to criminal measures unless there is a provision to the contrary.
No criminal measure shall be imposed except in the circumstances and under the conditions stipulated in the law, and provisions relating to penalties shall apply to criminal measures unless there is a provision to the contrary.
Article 5 – Every person who occupies a federal or local position, whether legislative, executive, administrative or judicial, and whether he is appointed or elected, is considered a public employee according to the provisions of this law, and among them:
1- Those in charge of the public authority and workers in ministries and government departments.
2- Members of the Armed Forces.
3- Workers in the security services.
4- Members of the judiciary, heads and members of legislative, advisory and municipal councils.
5- Whoever has been authorized by a public authority to carry out a specific work, within the limits of the work he is delegated to
6- Heads of boards of directors, their members, managers and other workers in public bodies and institutions. And companies that are wholly or partly owned by the federal government or local governments.
7 – Presidents and members of boards of directors, managers and other workers in associations and institutions of public benefit.
Anyone who does not fall into the categories stipulated in the previous clauses and performs work related to public service based on an assignment issued to him by a public official who owns this assignment according to the established laws or regulations in relation to the work assigned to him shall be deemed to be charged with a public service according to the provisions of this law.
Article 6
In applying the provisions of the previous article it is equal if the position, work or service is permanent or temporary, with or without pay, voluntary or compulsory.
The termination of employment, work or service does not prevent the application of the provisions of the previous article whenever the crime occurs while the capacity is available.
In applying the provisions of the previous article it is equal if the position, work or service is permanent or temporary, with or without pay, voluntary or compulsory.
The termination of employment, work or service does not prevent the application of the provisions of the previous article whenever the crime occurs while the capacity is available.
Article 6 bis 1:
A foreign public employee is considered under the provisions of this law: every person who occupies a legislative, executive, administrative or judicial position in another country, whether it is permanent or temporary, whether he is appointed or elected, and whether he is paid or without pay, and any person assigned to perform a public service.
In the provisions of this law, an employee of an international organization is considered: every person who occupies a job with an international organization or is assigned to act on its behalf.
Article 6 bis 2:
It is considered public money according to the provisions of this law:
1- The money is wholly or partly owned by one of the federal or local authorities, federal or local public authorities and institutions, or companies that are wholly or partly owned by the federal government, local governments, associations or institutions of public benefit.
2 – Every money that is subject to the management or supervision of one of the bodies stipulated in Paragraph 1 of this Article, or who had the right to use or exploit it.
Article 7
The word government mentioned in this law includes the federal government and the governments of the emirates that are members of the federation, unless the context requires otherwise.
The word government mentioned in this law includes the federal government and the governments of the emirates that are members of the federation, unless the context requires otherwise.
Article 8
The provisions contained in this law regarding crimes against the head of state shall apply to crimes committed against the vice president of the state, members of the Federal Supreme Council, their custodians and their deputies.
Article 9
The methods of publicity are considered under the rule of this law:
1- Saying or shouting if it is loudly or chanted by one of the automatic means in a public gathering, on a public road, in a permissible or covered place, or if it is broadcast by any other means.
2- Actions, signs, or movements if they take place in a place of the aforementioned or are transferred to whoever was in these places by one of the automatic methods or any other method.
3- Writing, drawings, pictures, films, symbols and other methods of expression if they are displayed in the aforementioned place, distributed without discrimination, sold to people, or offered for sale anywhere.
The methods of publicity are considered under the rule of this law:
1- Saying or shouting if it is loudly or chanted by one of the automatic means in a public gathering, on a public road, in a permissible or covered place, or if it is broadcast by any other means.
2- Actions, signs, or movements if they take place in a place of the aforementioned or are transferred to whoever was in these places by one of the automatic methods or any other method.
3- Writing, drawings, pictures, films, symbols and other methods of expression if they are displayed in the aforementioned place, distributed without discrimination, sold to people, or offered for sale anywhere.
Article 10
The periods and dates stipulated in this law shall be calculated according to the solar calendar, unless the law stipulates otherwise.
The periods and dates stipulated in this law shall be calculated according to the solar calendar, unless the law stipulates otherwise.
Article 11
The provisions of this law do not in any way prejudice the right of the litigants or others to redemption, implications, disbursements, or any other rights.
The second chapter
Scope of application of the penal code
Chapter 1
Applicability of the law in terms of time
Article 12
The crime is punished according to the law in force at the time it was committed, and the lesson in determining it is the time in which the acts of their execution were carried out without regard to the time when their results were achieved.
Scope of application of the penal code
Chapter 1
Applicability of the law in terms of time
Article 12
The crime is punished according to the law in force at the time it was committed, and the lesson in determining it is the time in which the acts of their execution were carried out without regard to the time when their results were achieved.
Article 13
If, after the occurrence of the crime and before adjudicating in it, a ruling is issued that is more favorable to the accused, then it is the one that is applied only.
If, after the judgment has become final, a law is issued that makes the act or omission for which the accused was sentenced unpunished, the execution of the judgment shall be suspended and its criminal effects shall end unless the new law stipulates otherwise.
If the new law reduces the penalty only, then the court that issued the final ruling – upon the request of the Public Prosecution or the convicted person – may reconsider the sentence imposed in light of the provisions of the new law.
Article 14
As an exception to the provisions of the previous article, if a law was passed incriminating an act, neglecting, or intensifying the punishment prescribed for it, and that was temporary within a specified period, or exceptional emergency circumstances had called for its issuance, the end of the period specified for its entry into force or the end of the exceptional emergency circumstances does not prevent the criminal prosecution of what occurred from Crimes during which it does not preclude the implementation of the punishment imposed on the basis of that law.
As an exception to the provisions of the previous article, if a law was passed incriminating an act, neglecting, or intensifying the punishment prescribed for it, and that was temporary within a specified period, or exceptional emergency circumstances had called for its issuance, the end of the period specified for its entry into force or the end of the exceptional emergency circumstances does not prevent the criminal prosecution of what occurred from Crimes during which it does not preclude the implementation of the punishment imposed on the basis of that law.
Article 15
The new law shall apply to the continuous or consecutive crimes that occurred before it came into force, or habitual crimes, which he continues to commit.
If the new law amends the provisions related to recidivism or multiple crimes or penalties, then it applies to every crime that the accused is subject to the provisions of polygamy or according to which he becomes in a state of recidivism even if the other crimes occurred before its enforcement.
Chapter II
Applicability of the law in terms of place and persons
Article 16
The provisions of this law shall apply to everyone who commits a crime in the State’s territory. The territory of the state includes its lands and every place subject to its sovereignty, including the territorial waters and the air space above them.
A crime is considered to have been committed in the territory of the State if one of the acts constituting it occurred, or if its result was achieved or if it was intended to be realized.
Applicability of the law in terms of place and persons
Article 16
The provisions of this law shall apply to everyone who commits a crime in the State’s territory. The territory of the state includes its lands and every place subject to its sovereignty, including the territorial waters and the air space above them.
A crime is considered to have been committed in the territory of the State if one of the acts constituting it occurred, or if its result was achieved or if it was intended to be realized.
Article 17
The provisions of this law shall apply to crimes committed on board warships and warplanes carrying the state’s flag wherever they are found.
The foregoing ruling applies to ships and aircraft other than warfare owned or operated by the state for non-commercial purposes, as well as commercial ships and aircraft that carry the state’s flag.
Article 18
Without prejudice to the agreements and treaties to which the state is a party, the provisions of this law shall not apply to crimes committed on board foreign ships in one of the state’s ports or in its territorial sea except in one of the following cases:
1- If the effects of the crime extend to the state.
2- If the crime by its nature affects the security of the state, disturb the peace in it, breaches public morals, or good order in its ports or territorial sea.
3- If the captain of the ship or the consul of the country whose flag is flying requests assistance from the local authorities.
4- If the perpetrator or the victim is a citizen of the state.
5- If the ship carries materials or things whose circulation, possession or international trade is prohibited.
Without prejudice to the agreements and treaties to which the state is a party, the provisions of this law shall not apply to crimes committed on board foreign ships in one of the state’s ports or in its territorial sea except in one of the following cases:
1- If the effects of the crime extend to the state.
2- If the crime by its nature affects the security of the state, disturb the peace in it, breaches public morals, or good order in its ports or territorial sea.
3- If the captain of the ship or the consul of the country whose flag is flying requests assistance from the local authorities.
4- If the perpetrator or the victim is a citizen of the state.
5- If the ship carries materials or things whose circulation, possession or international trade is prohibited.
As for crimes committed on board foreign aircraft in the state’s air territory, the provisions of this law do not apply to them unless the plane lands at one of its airports after committing the crime, or if the crime by its nature disturbed peace in the state or disturbed its public order, or if the crime constituted a violation of the regulations and regulatory provisions. For navigation in the country, or the captain of the plane requested assistance from the local authorities, or the perpetrator or victim was a citizen of the state.
Article 19
This law applies to everyone who committed an act outside the state that makes him an actor or a partner in a crime that occurred in whole or in part within the state.
Article 20
This law applies to whoever commits an act outside the state that makes him an perpetrator or a partner in one of the following crimes:
1- A crime affecting the external or internal security of the state or against its constitutional system, its financial bonds that are legally authorized to be issued, or its stamps, or the crime of forgery or imitation of its official documents or seals.
2- A crime of forgery, counterfeiting or counterfeiting of the state’s currency, or its promotion or possession with the intention of promoting it, whether those acts took place inside or outside the country.
3- The crime of forgery, counterfeiting or counterfeiting of a banknote or coins legally in circulation in the country, or promoting those currencies and coins in them or possessing them with the intention of promoting them.
This law applies to whoever commits an act outside the state that makes him an perpetrator or a partner in one of the following crimes:
1- A crime affecting the external or internal security of the state or against its constitutional system, its financial bonds that are legally authorized to be issued, or its stamps, or the crime of forgery or imitation of its official documents or seals.
2- A crime of forgery, counterfeiting or counterfeiting of the state’s currency, or its promotion or possession with the intention of promoting it, whether those acts took place inside or outside the country.
3- The crime of forgery, counterfeiting or counterfeiting of a banknote or coins legally in circulation in the country, or promoting those currencies and coins in them or possessing them with the intention of promoting them.
Article 21
This law applies to everyone who is found in the country after having committed abroad as an actor or partner the crime of sabotage or disruption of international means of communication, crimes of drug trafficking, women, children, slaves, piracy crimes, international terrorism, or money laundering crimes.
Article 22
Every citizen who commits an act while outside the country is considered a crime according to the provisions of this law, whether as an actor or an accomplice, he shall be punished according to its provisions if he returns to the country and that act is punishable under the law of the country in which he took place.
This provision applies to whoever acquires the nationality of the state after committing the act, and in the application of this article, a person who has no nationality is considered under the rule of a citizen if he is a habitual resident of the state.
Every citizen who commits an act while outside the country is considered a crime according to the provisions of this law, whether as an actor or an accomplice, he shall be punished according to its provisions if he returns to the country and that act is punishable under the law of the country in which he took place.
This provision applies to whoever acquires the nationality of the state after committing the act, and in the application of this article, a person who has no nationality is considered under the rule of a citizen if he is a habitual resident of the state.
Article 23
Criminal proceedings shall not be instituted against the perpetrator of a crime abroad except by the Public Prosecutor. It may not be instituted against whoever proves that the foreign courts issued a final judgment of his innocence or conviction and fulfilled the penalty, or if the criminal case or the sentenced punishment was legally forfeited or the competent authorities of that country kept the investigation.
The assessment of the final judgment, the dropping of the case or the penalty, or the preservation of the investigation is based on the law of the country in which the judgment was issued.
If the imposed penalty has not been fully implemented, its duration must be met. But if the acquittal judgment was issued for a crime that was stipulated in Articles (20) and (21) and was based on the fact that the law of that country is not punishable, then a criminal case may be instituted against it before the state courts, and the court located at the headquarters of the capital of the Federation shall be competent to hear the case.
Article 24
It is calculated for the convicted person upon the execution of the penalty for which he is serving the period he spent in custody or preventive detention or the execution of the punishment abroad for the crime for which he was sentenced.
It is calculated for the convicted person upon the execution of the penalty for which he is serving the period he spent in custody or preventive detention or the execution of the punishment abroad for the crime for which he was sentenced.
Article 25
Without prejudice to the provisions of the first paragraph of Article (1), this law does not apply to persons enjoying immunity established by virtue of international agreements, international law, or domestic law, in the territory of the United Arab Emirates.
Chapter Three
the crime
Chapter 1
Types of crimes
Article 26
The crimes are divided into:
1- Frontier crimes.
2- Friendly retribution crimes.
3- Disclaimer crimes.
Crimes are of three types: felonies, misdemeanors and infractions.
The type of crime is determined by the type of punishment prescribed for it in the law, and if the crime is punishable by a fine or blood money with another penalty, its type is determined according to the other punishment.
the crime
Chapter 1
Types of crimes
Article 26
The crimes are divided into:
1- Frontier crimes.
2- Friendly retribution crimes.
3- Disclaimer crimes.
Crimes are of three types: felonies, misdemeanors and infractions.
The type of crime is determined by the type of punishment prescribed for it in the law, and if the crime is punishable by a fine or blood money with another penalty, its type is determined according to the other punishment.
Article 27
The type of crime does not change if the court replaces the prescribed penalty for a lighter type of punishment, whether for legal excuses or for reduced discretionary circumstances, unless the law stipulates otherwise.
Article 28
Felony is a crime punishable by one of the following penalties:
1- Any punishment from hudud punishments or qisas except for the punishment for drinking and defamation
2- Execution.
3- Life imprisonment.
4- Temporary imprisonment.
Article 29
Misdemeanor is a crime punishable by one or more of the following penalties:
1- Imprisonment.
2- A fine in excess of one thousand dirhams.
3- Blood money.
4 – Flogging is limited to drinking and slandering.
The final text of the article is dated: 28/12/2006
Misdemeanor is a crime punishable by one or more of the following penalties:
1- Imprisonment.
2- A fine in excess of one thousand dirhams.
3- Blood money.
Misdemeanor is a crime punishable by one or more of the following penalties:
1- Imprisonment.
2- A fine in excess of one thousand dirhams.
3- Blood money.
4 – Flogging is limited to drinking and slandering.
The final text of the article is dated: 28/12/2006
Misdemeanor is a crime punishable by one or more of the following penalties:
1- Imprisonment.
2- A fine in excess of one thousand dirhams.
3- Blood money.
Article 30
Violation of every act or omission is punishable in laws or regulations with the following two penalties or one of them:
1- Confinement for a period of no less than twenty-four hours and not exceeding ten days, and confinement shall be made by placing the convicted person in places designated for that.
2- A fine not exceeding one thousand dirhams.
Chapter II
Elements of the crime
First branch
Physical corner
Total crime
Elements of the crime
First branch
Physical corner
Total crime
Article 31
The material element of a crime consists of criminal activity by committing an act or abstaining from an act whenever such commission or omission is legally criminal.
Article 32
A person is not asked about a crime that was not a result of his criminal activity, but he is asked about the crime even if he contributed, along with his criminal activity, to its creation by another previous, contemporary or subsequent cause when this reason was expected or probable according to the normal course of affairs.
But if that reason alone is sufficient to bring about the result of the crime, then the person in this case is only responsible for the act he committed.
Article 33
The temporary crime is one in which the punishable act is something that takes place and ends by its nature as soon as it is committed.
A temporary crime is considered a group of consecutive acts committed in implementation of a single criminal project that is dominated by one right without a time difference separating between them that separates contact with each other.
But if the act is a continuous state that requires a renewed intervention from the perpetrator for a period of time, then the crime is continuous, and the effects of the crime after its commission are not considered to be perpetuating if these effects remain without the perpetrator’s intervention.
Initiation
Article 34
Attempt is the commencement of the execution of an act with the intention of committing a crime if its effect is stopped or lost for reasons that have nothing to do with the will of the perpetrator.
The commencement of the execution shall be deemed the commission of an act that is in itself part of the constituent parts of the material element of the crime or leads to it immediately and directly.
It is not considered an attempt of the crime merely the intention to commit it or the preparatory actions for it, unless the law stipulates otherwise.
Article 34
Attempt is the commencement of the execution of an act with the intention of committing a crime if its effect is stopped or lost for reasons that have nothing to do with the will of the perpetrator.
The commencement of the execution shall be deemed the commission of an act that is in itself part of the constituent parts of the material element of the crime or leads to it immediately and directly.
It is not considered an attempt of the crime merely the intention to commit it or the preparatory actions for it, unless the law stipulates otherwise.
Article 35
An attempt to commit a felony is punishable by the following penalties, unless the law stipulates otherwise:
1- Life imprisonment if the prescribed punishment for the crime is death.
2- Temporary imprisonment if the prescribed punishment for the crime is life imprisonment.
3- Imprisonment for a period not exceeding half of the maximum established limit for the crime or imprisonment if the penalty is temporary imprisonment.
Article 36
The law defines misdemeanors for which attempt is punishable, as well as the penalty for this attempt.
Article 37
Provisions for subsidiary penalties and criminal measures established for a completed crime shall apply to initiation.
The second branch
The moral element
Article 38
The moral element of the crime consists of intention or error.
Willfulness is available towards the will of the perpetrator to commit an act or abstain from an act whenever this commission or omission is legally criminal, with the intention of causing a direct result or any other legally criminal consequence that the perpetrator has anticipated.
The error is available if the criminal consequence occurs due to the fault of the perpetrator, whether this mistake is negligence, lack of attention, lack of precaution, recklessness, recklessness, or failure to observe laws, regulations, regulations or orders.
Article 39
If the act was committed under the influence of a mistake in the facts, the responsibility of the perpetrator was determined on the basis of the facts that he believed existed if they would negate or mitigate his responsibility, provided that his belief is based on reasonable reasons and on the basis of research and investigation.
If the mistake made the perpetrator believe that he was not responsible arising from his negligence or lack of precautions, he will be asked about an unintentional crime if the law punishes the act as such.
Article 40
The motive to commit the crime is not taken into consideration unless the law provides otherwise.
Article 41
If the perpetrator is ignorant of the existence of an aggravating circumstance that changes the description of the crime, he shall not be asked about it, but he will benefit from the excuse even if he is ignorant of its existence.
Article 42
Ignorance of the provisions of this law shall not be considered an excuse.
Article 43
The perpetrator shall be held accountable for the crime, whether he committed it intentionally or by mistake, unless intentional law explicitly requires.
Chapter III
Criminal participation
Article 44
A person who commits it alone or is a direct participant in it shall be considered a perpetrator of the crime, and the partner shall be direct in the following cases:
First: If he committed it with someone else.
Second: If he participated in its commission and it consisted of a number of acts, then he intentionally performed one of the actions that formed it.
Third: If someone else mocked him by any means to carry out the act constituting the crime, and this last person was not criminally responsible for it for any reason.
Criminal participation
Article 44
A person who commits it alone or is a direct participant in it shall be considered a perpetrator of the crime, and the partner shall be direct in the following cases:
First: If he committed it with someone else.
Second: If he participated in its commission and it consisted of a number of acts, then he intentionally performed one of the actions that formed it.
Third: If someone else mocked him by any means to carry out the act constituting the crime, and this last person was not criminally responsible for it for any reason.
Article 45
Promises an accomplice to cause the crime:
First: Whoever incited to commit it, and it took place on the basis of this incitement.
Second: Whoever agreed with others to commit it, and it signed on the basis of this agreement.
Third: Whoever gives the perpetrator a weapon, machines, or any other thing that he uses in committing the crime with his knowledge of it, or deliberately assisted the perpetrator in any other way in the acts prepared, facilitated or complementary to commit the crime.
The responsibility of the partner is provided, whether he communicates directly with the perpetrator or through the mediator.
Article 46
Under the judgment of a direct partner, every partner of the cause is found at the scene of the crime with the intention of committing it, if no one else has committed it.
Article 47
Whoever participates in a crime as a direct accomplice or perpetrator shall be punished with its punishment, unless the law stipulates otherwise.
Article 48
If one of the partners is not punished due to one of the reasons for permissibility, lack of criminal intent for him, or for other conditions of his own, the rest of the partners do not benefit from that.
Article 49
If the crime has material circumstances attached to it or constituting one of its acts that would aggravate or reduce the punishment, their effects shall apply to everyone who participated in its direct commission or causing knowledge of it or not.
If there are aggravating personal circumstances that facilitated the commission of the crime, it does not apply to anyone other than the owner of it unless he is aware of it.
As for other than that of the circumstances, their impact does not extend to the person whom she is attached to, whether they are aggravating or mitigating circumstances.
Article 50
If there are personal excuses exempt from punishment or mitigated by him against one of the partners in the crime, whether direct or causative, then their effect does not extend to anyone other than whom it is related to.
Exempt or mitigating material excuses apply to everyone who participated in committing the crime, directly or as a cause.
If there are personal excuses exempt from punishment or mitigated by him against one of the partners in the crime, whether direct or causative, then their effect does not extend to anyone other than whom it is related to.
Exempt or mitigating material excuses apply to everyone who participated in committing the crime, directly or as a cause.
Article 51
The partner in the crime, whether direct or causing, is punished for the crime that actually occurred, even if it was not the one he intended to commit, when the crime that occurred was a possible consequence of the participation that took place.
Article 52
If the description of the crime or the penalty changes with regard to the intention of the perpetrator of the crime or his knowledge of its circumstances, the co-perpetrators of the crime, whether or not they were responsible, shall be punished according to his intention or knowledge.
the fourth chapter
Reasons for permissibility and overstepping its limits
First branch
Reasons for permissibility
Right use
Article 53 – There is no crime if the act was committed in good faith, using a right established in accordance with the provisions of Islamic Sharia or the law, and within the scope of this right.
It is considered a use of the right:
1- Medical surgery and medical work in accordance with the scientific principles recognized in the licensed medical professions, when it is done with the consent of the patient or his representative legally or implicitly, or if medical intervention is necessary in urgent cases that require this.
2 – Acts of violence that occur during the exercise of sports within the limits established for play, while observing the rules of caution and caution.
3 – Acts of violence committed against a person who commits a crime in flagrante delicto with the intention of arresting him, to the extent necessary for this purpose.
4 – The litigants’ appeals against some of them during the oral or written defense before the investigation and judicial authorities within the limits required by that defense, and provided that the perpetrator is in good faith believing the validity of the matters attributed to his opponent and that his belief is based on reasonable reasons.
Do the duty
Article 54
There is no crime if the act is committed in fulfillment of a duty enjoined by Sharia or the law, if the one who committed the act is legally authorized to do so.
Article 54
There is no crime if the act is committed in fulfillment of a duty enjoined by Sharia or the law, if the one who committed the act is legally authorized to do so.
Article 55
There is no crime if the act is committed by a public official or a person assigned to a public service in any of the following two cases:
First – If the act is committed in implementation of an order issued to him by a president who is legally authorized to issue this order and he must obey it.
Second – If he committed an act in good faith, in implementation of what the laws commanded.
The right to legitimate defense
Article 56
There is no crime if the act is committed using the right of legal defense.
The right to legitimate defense is established if the following conditions are met:
First: If the defender faces an immediate danger from a crime against himself, his money, the soul of others, or his money, or he believes that this danger exists and his belief is based on reasonable reasons.
Second: It is impossible for the defender to resort to public authorities to prevent danger at the appropriate time.
Third: That the defender has no other means to ward off this danger.
Fourth: That the defense is necessary to prevent the assault in proportion to it.
Article 57
The right of lawful defense does not permit willful killing unless it is intended to ward off one of the following:
1- An act for which death or severe wounds are feared, if this fear has reasonable grounds.
2- Forcibly sexual intercourse with a female, or forcibly defaming anyone.
3- Kidnapping a person.
4- Felonies of arson, destruction, or theft.
5- Entering at night into a haunted house or its annexes.
Article 58
The right of legitimate defense does not permit resistance of a member of the public authority while performing an act in implementation of the duties of his position and within its limits, unless it is feared that his act may result in death or severe wounds and this fear has a reasonable cause.
The second branch
Permissibility limits exceeded
Article 59
Exceeding the limits of permissibility in good faith is considered a mitigating excuse, and a pardon may be passed if the judge deems it appropriate.
Permissibility limits exceeded
Article 59
Exceeding the limits of permissibility in good faith is considered a mitigating excuse, and a pardon may be passed if the judge deems it appropriate.
Chapter IV
Criminal responsibility and its contraindications
Chapter 1
Responsibility of natural persons
First branch
Loss of awareness or will
Article 60
He shall not be held criminally responsible who at the time of the crime was lost consciousness or the will to insanity or a disability in the mind or coma arising from drugs or narcotic or intoxicating substances of whatever kind they were forcibly given to him or who ingested them without his knowledge of them or for any other reason that knowledge determines that he loses awareness or Will.
But if insanity, mental disability, drugs, narcotic or intoxicating substances, or any other matter, only results in a lack or weakness of perception or will at the time of the crime, this is considered a mitigating excuse.
Article 61
If the loss of consciousness or will is the result of drugs or narcotic or intoxicating substances that the perpetrator consumed voluntarily and knew him, he shall be punished for the crime that occurred even if it required a special criminal intent, as if it had occurred without anesthesia or drunkenness.
If the perpetrator has deliberately consumed drugs or narcotic or intoxicating substances in order to commit the crime that occurred from him, this is considered an aggravating circumstance.
The second branch
Discrimination lost
Article 62
A criminal case shall not be instituted against a person who at the time of committing the crime did not reach the age of seven, and the age is established with an official document. If this is not possible, the investigation or trial authority shall assign a specialist doctor to assess it by technical means.
Nevertheless, the investigation authorities and juvenile courts may order to take educational or remedial measures appropriate to the situation of this juvenile if they deem it necessary.
The third branch
Young age
Article 63
The provisions stipulated in the Juvenile Delinquent and Homeless Law shall apply to those who have completed seven and not eighteen years of age.
Fourth branch
Necessity and coercion
Article 64
He shall not be asked criminally who committed a crime to which he was resorted to, the necessity of protecting himself, his money, the soul of others, or his money from a grave danger that is about to fall, and his will did not enter into his solution.
Nor is a person criminally responsible for committing a crime because of material or moral coercion.
In the two cases stipulated in the previous two paragraphs, it is stipulated that the perpetrator of the crime should not be able to prevent the danger by another means and that the crime is to the extent necessary to prevent it and is proportionate to it.
Chapter II
Liability of legal persons
Article 65 – Legal persons, with the exception of government interests, official departments, public bodies and institutions, are criminally liable for crimes committed by their representatives, directors, or agents on their behalf or in their name.
It is not permissible to pass judgment on it other than the fine, confiscation, and the criminal measures prescribed for the crime legally, and if the law prescribes for the crime an original penalty other than the fine, the penalty shall be limited to the fine whose maximum limit does not exceed five hundred thousand dirhams, and this does not prevent the perpetrator of the crime personally punishing it with the penalties prescribed for it in the law.
Chapter five
The punishment
Chapter 1
Original penalties
Article 66
The original penalties are:
A- Punishments of hudud, retribution and parental punishment
B – Discretionary penalties, namely:
1- Execution.
2- Life imprisonment.
3- Temporary imprisonment.
4- Imprisonment.
5- Fine.
The final text of the article is dated: 28/12/2006
The original penalties are:
A- Punishments of hudud, retribution and parental punishment.
B – Discretionary penalties, which are:
1- Execution.
2- Life imprisonment.
3- Temporary imprisonment.
4- Imprisonment.
5- Reservation.
6- Fine.
The court must pass the discretionary punishments stipulated in this law if the Sharia conditions for ruling punishments of hudud, retribution, and blood money are not met.
Article 67
The death sentence issued by a federal court may only be executed after the president of the state approves it.
Article 68
Imprisonment is the placement of the convicted person in one of the penal facilities legally designated for this purpose, for life if the imprisonment is for life, or for the term imposed if it is temporary.
The period of temporary imprisonment may not be less than three years nor exceeding fifteen years, unless the law stipulates otherwise.
Article 69
Imprisonment is the placement of the convicted person in one of the penal facilities legally designated for this purpose for the period to which he is sentenced.
The minimum limit of imprisonment may not be less than a month, nor may its maximum limit exceed three years, unless the law provides otherwise.
Article 70
Every person sentenced to a freedom-restricting penalty shall be assigned to perform the work prescribed in penal facilities, taking into account his circumstances, with the aim of evaluating and rehabilitating him, and in return for a suitable remuneration, and periodic reports shall be drawn up for him to note his behavior and his actions, all in accordance with the law regulating penal facilities.
Article 70 bis
Flogging is the beating of the convict with a whip.
The penalty of discretionary lashes may not be less than ten lashes nor more than forty lashes unless the law stipulates otherwise.
The court may, upon ruling on a crime, to imprisonment for a period not exceeding three months or to a fine not exceeding ten thousand dirhams, to replace the flogging with that punishment.
The final text of the article is dated: 28/12/2006
Canceled.
Article 71 – The fine penalty: It is the obligation of the convicted person to pay to the treasury the sum of the adjudged, and the fine may not be less than one thousand dirhams, nor that its maximum limit exceed one million dirhams in felonies and three hundred thousand dirhams in misdemeanors, all of this unless the law provides otherwise.
Article 72
If a fine is imposed on several defendants with one judgment in one crime, whether they are perpetrators or accomplices, the court shall impose the fine on each of them separately, unless the fine imposed is a fine.
Relative, and the accused shall be bound by it in solidarity, unless the law stipulates otherwise.
Chapter II
Subsidiary penalties
First branch
Ancillary penalties
Article 73
Ancillary penalties are:
1- Deprivation of some rights and benefits.
2- Police control.
These penalties inflict the convicted person with the force of law without the need for a provision in the judgment, as set forth in this section.
Subsidiary penalties
First branch
Ancillary penalties
Article 73
Ancillary penalties are:
1- Deprivation of some rights and benefits.
2- Police control.
These penalties inflict the convicted person with the force of law without the need for a provision in the judgment, as set forth in this section.
Article 74
Every judgment issued for the death penalty entails, by force of law, from the day of its issuance and until its implementation, depriving the convict of all the rights and privileges stipulated in the following article, and nullifying all disposition and management acts issued by him except for the will.
The competent court shall appoint a trustee of the convicted person’s funds. In the procedures for appointing him, and determining his powers, the provisions in force regarding the guardianship of the sentenced shall be followed.
Article 75
The ruling of life or temporary imprisonment entails, by force of law, from the time of its issuance, depriving the convict of all the following rights and benefits:
1- To be a voter or a member of legislative or advisory councils.
2- To be a member of municipal councils, boards of directors of public bodies or institutions, associations, institutions of public benefit, or joint-stock companies, or a director thereof.
3- To be a trustee, curator, or agent.
4- To hold national or foreign decorations.
5- To carry a weapon.
The period of deprivation may not exceed three years from the date of completion of the execution of the penalty.
Article 76
It is not permissible for a person sentenced to a life sentence or temporary imprisonment to dispose of his money during his imprisonment period except with the permission of the competent civil or Sharia court to which his place of residence belongs.
Article 77
The convicted person to manage his money during his imprisonment period chooses values determined by the competent civil or Sharia court of his place of residence, and if this choice is not made within a month of the commencement of the imprisonment sentence, that court shall appoint a trustee upon the request of the Public Prosecution or any interested party.
The court may oblige the trustee who is appointed to submit a guarantee, and the trustee in all cases is subordinate to the court in all matters related to his stewardship, and his money is returned to the convicted person after the expiration of his sentence or his release, and the trustee provides him with an account for his administration.
Article 78
If the person sentenced to life imprisonment or temporary imprisonment is a public servant or assigned to a public service, the judgment shall result in his dismissal.
Article 79 – Whoever is sentenced to life imprisonment or temporary imprisonment for a crime affecting the external or internal security of the state, or in the crime of counterfeiting money, forging or counterfeiting, or forging stamps or government financial documents or official documents, or in a crime of bribery, embezzlement, theft, or premeditated murder shall be imposed with a judgment The law, after the term of his sentence has expired, under police surveillance, in accordance with the rules determined by the Minister of Interior, for a period equal to that of the punishment, provided that it does not exceed five years.
Nevertheless, the court may, in its ruling, reduce the period of probation, order the exemption of the convicted person from it, or relax its restrictions.
A convict who violates the conditions of supervision shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding five thousand dirhams or either of these two penalties.
Lawyer Role In Litigation – Ask Lawyer Online In Abu Dhabi
Lawyer Role In Litigation – Ask Lawyer Online In AbuDhabi
Lawyer Role In Litigation – Ask Lawyer Online In Dubai
Lawyer Role In Litigation – Ask Lawyer Online In UAE
“Lawyer Role In Litigation – Ask Lawyer Online In Abu Dhabi – Dubai UAE”
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