2. The Government of Dubai as well as other emirates in U.A.E. Please contact us for legal assistance or consultation of legal cases related to drugs in Dubai. Penalty is a punishment to be imposed for causing certain damage and it is a means to prevent crimes. The rulings may differ but it's fine because you have the appeal courts.". © AskALawyer.ae All Rights Reserved 2021, My tenant’s cheque for rent is due on April 10 and…, Validity of the online signature on contracts in courts or legal…, Electronic Bail Instead of Passport in Dubai. are very strict about the laws associated to possession and use of drugs and narcotics. "If a man rapes a woman, under the penal code the punishment is the death penalty but, if there is no unanimous decision, it will be reduced to life imprisonment or even one or two years if other mitigating factors are applied," says Dr Al Hammadi. "A UAE national wants to continue his life in the UAE so he will be given a lenient punishment in order for him to be released.". What will be the punishment for it. ", Inside Nimr, the armoured vehicle company on a mission to bring soldiers home safe, Nine trapped Chinese miners confirmed dead, one still missing, Lampard's undignified departure from Chelsea comes as no surprise, First steps ahead of impeachment trial begin Monday, Meme power: Why Bernie Sanders and his mittens have brought us all together, Sinopharm vaccine may give better protection against new strains, Abu Dhabi, Dubai and Sharjah among world’s 10 safest cities for 2021, Dubai Police chief says house party with 80 guests among worst Covid offences, Stranded tanker caught up in financial row runs aground on UAE coast. Litigation consists of three degrees: first instance, appeal and cassation. In states where it remains illegal, the penalties are often severe. In Alabama, for example, personal use of cannabis is a ‘misdemeanor’ regardless of the amount. considers them as drugs and as a tourist or U.A.E. Some of the benefits of hiring a criminal lawyer in UAE are as follows: Criminal lawyers Understand criminal law Whether a case comes to the public's attention through the media can also influence the outcome, with less publicised cases receiving less punishment. Updated February 25, 2020. Possession of Drug in Dubai for the purpose of trafficking or promotion is punishable by death. Fine of more than a thousand Dirhams. The UAE Penal Code sets out the legal provisions that determine the actions recognized as crimes in the UAE and prescribes the penalties incurring for the such acts. The Chief Executive Officer (CEO) of Menzgold Ghana Limited, Nana Appiah Mensah, (NAM1) is facing charges of misdemeanor in the United Arab Emirates (UAE), a … So are there inconsistencies in the way sentencing is applied? The criminal court in Dubai sentenced a Gulf visitor to three months in jail for breaking into a hotel room where a European woman and her friends are staying, harassing one of them and asking to take a shower with her. ABU DHABI: The UAE Federal Judiciary has approved the establishment of one-day misdemeanor courts to review and apply rules on specific minor … But some of the country's leading legal minds say the code lays down clear parameters for judges - while allowing some leeway in sentencing. Get Free Case Evaluation and Initial Consultation! My tenant’s cheque for rent is due on April 10 and I have been asked not to deposit the cheque because they are getting... Validity of the online signature on contracts in courts or legal cases. "Yes we do get inconsistencies but that's because of a number of factors," says Ahmed Odeh, a legal consultant with MIO, a law firm in Abu Dhabi. Mr Odeh agrees that nationality can be a factor in reducing sentencing. Of these women, the largest number from one profession to stand trial were housemaids, at 42. An offense by itself is not enough to determine the punishment for an offense. Either charge will result in jail time, fines, and restitution to the victim, parole and a mark on your criminal record for life. The sentence for a felony, for example, ranges from three years to life imprisonment and the death sentence, the penalty for a misdemeanour from one month to three years, and a minor offence from 24 hours' detention to 10 days. Judges rarely order jail for first-time offenders. For example, the federal and some state governments in the United States divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine. And what about the two men sentenced to death in Abu Dhabi for selling Dh1,500 of marijuana to an undercover policeman? Determining Penalties for Misdemeanors in North Carolina. This rule is implemented by UAE Government for the purpose of happiness and safety of all families and people, especially the youth residing in Dubai and all UAE residences support and rank this Law. However, for a misdemeanor offense, that is pretty uncommon. "Some of these factors must be applied - but he has the discretion to apply them or not," Dr Al Hammadi says. The UAE, founded in 1971, is a federation of seven small Gulf states, each with its own Islamic laws and practices, which apply in addition to the federal-level non-religious criminal law, which, however, is not fully applicable in two Emirates, Dubai and Ras al-Khaimah, whose courts function somewhat more independently. "A lot of the time, the judge is not looking at the right aspects of the case or he overlooked some of the merits. Such a policy conflicts with the UAE constitution that stipulates that all people, irrespective of their race, nationality, religion and social position, are equal before the law. Being accused of assault can result in either a misdemeanor or a felony charge. Diyat (payment of ‘blood money’) What is the punishment for felonies? 1 of 4 Tourists party on a yacht in Dubai, United Arab Emirates, Tuesday, Jan. 12, 2021. please help. And it is this discretion that can flare up debate over a seemingly unfair punishment. (3) of 1987. Cases seen as having unusually harsh or lenient penalties in the UAE have raised questions about the Penal Code. Examples of misdemeanor are petty theft, driving under the influence, minor in possession of alcohol, etc. "There are certain things the police are allowed to do and certain things they cannot and the authorities don't always apply the law properly. Imprisonment. It's a country that has opened its arms to the world but it still has certain rules. However, Diana Hamade disagrees that Emiratis receive lenient treatment. Do Landlord have the right to increase the Rent in Dubai? "The only thing you don't see happening with Emiratis is deportation," she says, adding that deportation for expats is necessary because the country values its security so highly. "A lot of the police don't speak English and can't communicate to the person properly what the charges against them are and what is going to happen next. Only restaurants and bars with a proper license (usually those attached to a four- or five-star hotel) can serve alcohol and, of course, you are allowed to drink as much as you wish there. residence you must always check the laws and regulations before you enter U.A.E. what is the penalty for this? Hollywood man, 22, faces up to ONE year behind bars after he pleads guilty to federal charges for accidentally slamming a drone into LAPD helicopter in first criminal case of its kind Yuvi Residence Project – Dheeraj East and Coast, Who will get the custody of the child as per the…, Family Law | Divorce, Paternity, Custody, Spousal & Child Support in…. The Government of Dubai as well as other emirates in U.A.E. When Landlord may demand eviction of the tenant ? Blood money. The UAE will introduce stronger penalties in harassment cases as part of a major overhaul of its legal system. Criminal law case may differ per offenses.Misdemeanors are petty crimes and are just minor offenses.This is punishable by fines or jail time of less than a year in a local prison. While cases such as these hit the headlines because of their seemingly lenient or overly harsh sentencing, legal experts maintain the rulings are correct because judges are operating under a set of guidelines set out by the Penal Code of 1987. Mr Odeh says knowing exactly how an investigation should be conducted can get cases thrown out of court. In a felony case such as this, a defendant is tried before three judges. Statistics from Dubai Courts show that 149 women stood trial in 129 cases at Dubai Criminal Court last year, a fraction of the 105,003 cases heard at the criminal and misdemeanor courts that year. i committed forgery on company documents and according to the status of my case its a 7th misdemeanor bearing. There are many factors that determine the penalty for a misdemeanor in North Carolina. Felonies are crimes punishable by one of the following penalties: ABU DHABI - The UAE Federal Judiciary has approved the establishment of one-day misdemeanor courts to review and apply rules on specific minor cases in just one day based on the Code of Criminal Procedures with a view to reducing the backlog of cases in the courts, making the criminal legal system more efficient and expediting minor cases. Face fines of up to Dh500,000. For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2 , the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law. ", Ms Hamade adds: "I advise people to understand the country they are living in. Dubai Crime and punishment Mon Jul 20, 2009 12:09 pm. These include judicial officers from the Police Department, the Public Prosecution and the Criminal Courts. "If somebody steals your car, for example, the article in the Penal Code relating to stealing will say this kind of action will be punished by one to two years. Felony on the other hand, is a major crime committed and is punishable by imprisonment for … Dubai: Doing this in a hotel could result in prison. November 9, 2020. The judge did not violate the law when he decided the punishment. 3. 4. By Staff Writer, WAM (Emirates News Agency) ABU DHABI - The UAE Federal Judiciary has approved the establishment of one-day misdemeanor courts to review and apply rules on specific minor cases in just one day based on the Code of Criminal Procedures with a view to reducing the backlog of cases in the courts, making the criminal legal system more efficient and expediting minor … "In a lot of small cases, such as someone not paying the cab fare, things can turn into a big deal because the accused does not know exactly what the procedure is going to be.". Punishments include fines, penalties, custody, confinement, Diyat (financial compensation to heirs of victim or the victim), temporary or life imprisonment, and death penalty. Eating or drinking during Ramadan in public can result in at least one month's jail time and fines. Capital punishment is a legal penalty in the United Arab Emirates.. Class A1 misdemeanors are considered the most serious charges, and the severity of possible punishment is lowered with each class. For a misdemeanor, the worst outcome possible could be up to one year in jail. Felony: this is considered more serious and if found guilty, you can end up in prison for more than a year or face the death penalty. Please follow the instructions below to allow notifications to be sent from The National. UNITED ARAB EMIRATES: Judicial and Prison CP. Dr Hammadi recalls a bribery case 18 months ago where he represented an Emirati man working for the government. I am an adult.? There are barely a million people so there always needs to be a little bit of leniency with them. Judicial officers from different government departments have the authority to inspect crimes and collect evidence. It can also result in the loss of employment and a damaged reputation. (3) of 1987. Crimes under UAE Penal Code with provisions of Sharia Islamic Law are divided into categories: felonies, which are the most serious; violations or contraventions, and misdemeanors. For example an American citizen may be given a lenient punishment and the same for the British and some European countries. "From my experience nationality is a factor," he says. The highest court in Dubai, the Court of Cassation, has held that a defamatory statement is likely to make the defamed person subject to "punishment" or "humiliation" amongst their community. The main idea of criminal justice is that we are protecting everyone.". There is language miscommunication as well. "Because the defendant did not admit the crime and the prosecutor did not have strong evidence, we thought the sentence would be 10 years but not less than that," he recalls. 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