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The Punishment for Violating the Instructions and Precautionary Measures to Prevent the Spread of Coronavirus

The Punishment for Violating the Instructions and Precautionary Measures to Prevent the Spread of Coronavirus

 

 

The Punishment for Violating the Instructions and Precautionary Measures to Prevent the Spread of Coronavirus

 

The United Arab Emirates has set a number of procedures and precautionary measures to limit the spread of the Coronavirus ( Covid-19 ). The important measure of these is restricting gatherings by closing educational institutions, sports clubs, markets, gardens and parks, as well as sterilizing public transportation, in addition to duties imposed on people as wearing medical masks in closed places and adhering to quarantine and other measures and procedures. The aim of these measures is only to prevent the spread of the virus and to protect the United Arab Emirates from this pandemic.

The UAE Cabinet Resolution No. 17 of 2020 has confirmed that these precautionary measures, instructions, and duties are imposed by the force of law, as it is prohibited – according to the decision – for any natural or legal person to violate the precautionary measures, preventive measures, instructions, and duties regarding maintaining health and safety to prevent the risk of spreading the Corona virus (Covid-19) issued by the Ministry of Health and Prevention, the Ministry of Interior and the National Emergency, Crisis and Disaster Management Authority. These bodies undertake the process of announcing and publishing procedures of precautions and instructions in all ways.

 

Monitoring and Control Mechanism:

Cabinet Resolution No. 17 of 2020 has entrusted the Ministry of Interior and the Police Headquarters in the State and the competent judicial officers in the relevant Federal and local governmental authorities, each according to its competence, with the following tasks:

  • Monitoring the extent of compliance of natural and legal persons with the precautionary measures, preventive measures, instructions and duties regarding maintaining health and safety to prevent the risk of the spread of the Corona-virus ( Covid-19 ) issued by the Ministry of Health and Prevention, the Ministry of Interior and the National Emergency, Crisis and Disaster Management Authority.
  • Giving directions to adhere to the measures and instructions and to monitor the violations. The direction or warning may be printed.
  • Writing a report of the violation in the event of refusal to respond to the direction and warning, including the violator’s data, type of the violation, type of the imposed administrative penalty and date and time of the violation and attaching any documents as evidence.

The Administrative Penalties

When violating the precautionary measures, preventive procedures, instructions on duties to limit the spread of Coronavirus, an administrative fine of not less than 500 five hundred AED and not more than 50000 fifty thousand AED is imposed on the violator.  The fine is doubled in case of repetition for one time only. The violator will be referred to the Crisis and Emergency Prosecution in the Federal Public Prosecution if the violation is committed for the third time.

In all cases, the following is permissible:

  • Charging the violator the expenses and costs of fixing the damages resulted from the violation.
  • Referring the violator to the Crisis and Emergency Prosecution in the Federal Public Prosecution if the violation is a crime punishable according to the laws in force in the State.
  • Closing the violating facility for a period not exceeding six months, and it may be extended.

 

Collecting the Fines

The Ministry of Interior and the Police Headquarters in the State, each according to its competence, will collect the value of fines from the violators. They can coordinate with the relevant governmental authorities and seek their assistance to collect the value of the fines if the violator has refused to pay the value of the fine.

 

Complaining against the Administrative Penalties

The violator may complain against the imposed administrative penalty within 15 days from the date of notifying him with the violation through a complaint sent to the Crisis and Emergency Prosecution in the Federal Public Prosecution. The Federal Public Prosecution searches the complaint within 15 days from the date of its sending. The Federal Public Prosecution can take any of the following procedures:

  • Refusing the complaint
  • Reducing the administrative penalty
  • Cancelling the penalty

 

These are the precautionary measures imposed by the government on the citizens and residents within its policy which aims to preserve their health and safety and to protect the State from the danger of the pandemic. The government hopes that each individual adheres to these instructions and procedures, as they keep his health, safety and survival.

 

Mohamed Mahmoud Al Marzooqi law firm

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

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