The 5 Legal Information You Certainly Do Not Know – United Arab Emirates Is the detention punishment the same as the imprisonment WhatsApp: +971555570005
The 5 Legal Information You Certainly Do Not Know – United Arab Emirates
Is the detention punishment the same as the imprisonment punishment ?
It is known that the imprisonment and detention punishment restrain the freedom which means to put the convicted in a punishment establishment specified legally for this purpose, but the detention punishment differs from the imprisonment punishment in two things :
1- The Period:
The imprisonment shall be for life if it is a life imprisonment, and if it is temporary; its period is not less than three years and it does not exceed fifteen years. The detention is not less than a month and it does not exceed three years.
2- Its Application as a Punishment :
Law has divided the crimes into three types; crimes, misdemeanors and violations. The crime type is determined by the punishment type decided by law. The imprisonment, with its two types; lifetime and temporary, in addition to the capital punishment are legally decided by law for the crimes but the detention in addition to fining are legally decided for the misdemeanors.
What is the difference between the rape and defilement ?
Rape is to use force for sexual intercourse with a female or buggery with a male. Duress is considered effective if the age of the victim is under fourteen years at time of the crime. The punishment of rape is execution.
The defilement crime is an act against good morals, deliberately violates the victim’s modesty. It can only happen by directly touching the victim’s body. The punishment of consensual defilement is imprisonment for a period not less than a year, while defilement by force is punished by temporary imprisonment.
Does the punishment of perjury reach execution ?
Yes, it is known that saying untrue things before a judicial authority or a panel with capacity to hear the witnesses or hiding all or some of what the witness knows about the questioned incident is considered perjury. Its punishment is imprisonment for a period not less than three months. If this act occurs during a crime investigation or a trial, he shall be sentenced to temporary imprisonment. If the false testimony results in execution or life imprisonment, the false witness shall be punished with the same punishment. Therefore, the false witness punishment could actually reach the execution.
May the condition violating law provisions be enforceable ?
Yes, it is a very special condition. In the Federal Emirati Law regulating the labor relationships, amended by law number 12 of 1986 including the labor relationships; contracts, records, salaries, work hours, holidays and safety of the workmen, their protection and their health and social care. This law, as other laws, has confirmed nullity of any condition violates the same law provisions except in one case that the condition is more beneficial for the workman. Article 7 confirms that and states “Terms inconsistent with the provisions of this law including those whose effective date may precede the enforcement of this law shall, unless they are proved more beneficial to the worker, be deemed null and void”.
When may the drug abuser be exempted from punishment ?
The Federal Law number 8 of year 2016, for fighting the narcotic drugs and psychotropic substances, confirms not instituting a criminal case against the addict of narcotic drugs or psychotropic substances if he voluntarily presents himself, or presented by spouse or a relative until the second degree to the Addiction Treatment Unit, the Public Prosecution or the Police, requesting treatment at the Unit. The person must remain in the Unit until the Committee decides on his or her release. This requires from the drug addict to apply, by himself or through a relative, for treatment in the Addiction Treatment Unit. This is one of the conditions required by law in order not to institute a criminal case against him as a drug addict. This is in addition to two other conditions;
First:
to adhere to the treatment plan decided by the Unit to help him get rid of addiction,
Second:
to hand over the drugs in his possession- if any- to the Unit, the Public Prosecution or the police when applying for treatment. In all cases, the period of treatment, rehabilitation and care in the Unit must not exceed two years.
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
