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UAE

Federal Law by Decree Promulgating the Crimes and Penalties Law

Analysis of Federal Law by Decree Promulgating the Crimes and Penalties Law (Federal Law by Decree, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Federal Law by Decree Promulgating the Crimes and Penalties Law
  • Law Type: Federal Law by Decree
  • Law Number: [number] of 2021
  • Issued Date: 20 Sep 2021
  • Effective Date: 02 Jan 2022
  • Official Gazette: No. 712
  • Sector: Security and Safety
  • Status: Active
  • Number of Articles: 994
  • Chapters: 0
  • Amendments: 2

Summary

This Federal Law by Decree promulgates the Crimes and Penalties Law in the United Arab Emirates. The law comprehensively regulates criminal offenses, penalties, and related legal principles. It repeals and replaces the previous Penal Code, as well as laws on begging and blood money. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 1-2) The law is significant for businesses and individuals in the UAE, as it defines a wide range of criminal acts and their corresponding punishments. It covers offenses against state security, public service, the administration of justice, public safety, religious creeds, the family, persons, and property. The law also establishes principles of criminal liability, justification, extenuating and aggravating circumstances, and social defense measures. Understanding this legislation is crucial for ensuring compliance and mitigating legal risks. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 1-3)

What is the scope and purpose of this law?

The Crimes and Penalties Law applies to all criminal offenses and their corresponding penalties in the UAE. It repeals and replaces the previous Penal Code, as well as laws on begging and blood money. The law's purpose is to comprehensively regulate criminal acts, liability, and sanctions in the country. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 1-2)

What are the key definitions under this law?

The law provides the following key definitions:

  • Public Servant: Any person occupying a federal or local job, whether legislative, executive, administrative or judicial, and whether appointed or elected. This includes government officials, military personnel, security authorities, judicial authorities, and employees of public entities and corporations. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 5)
  • Government: The Federal Government and the governments of the Emirates members of the Federation. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 4)

What are the main obligations and requirements?

The law does not explicitly state any direct obligations or requirements for individuals or companies. However, it comprehensively defines a wide range of criminal offenses and their corresponding penalties, which implicitly creates obligations for all persons to comply with the law and avoid committing such crimes. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 1-994)

What licensing, registration, or approval requirements exist?

The legislation does not specify any licensing, registration, or approval requirements. It is a general criminal law that does not cover administrative or regulatory matters. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021)

What rights and protections does this law provide?

The law provides the following key rights and protections: 1. The principle of presumption of innocence - no person may be convicted for a crime committed by another, and the accused is innocent until proven guilty. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 2) 2. The provisions of Islamic Sharia shall apply to crimes punishable by retribution (Qisas) and blood money (Diya). (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 1) The law does not specify any other explicit rights or protections granted to individuals or businesses. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021)

Which authorities or bodies are responsible for enforcement?

The law does not explicitly establish any specific authorities or bodies responsible for enforcement. As a general criminal law, enforcement would fall under the jurisdiction of the regular law enforcement, judicial, and penal institutions in the UAE. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021)

What are the penalties for non-compliance?

The Crimes and Penalties Law prescribes a wide range of criminal penalties, including: - Imprisonment (terms vary by offense) - Fines (amounts vary by offense, up to AED 5 million) - Deportation - License revocation - Business closure The specific penalties for each criminal offense are detailed throughout the 994 articles of the law. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 67-94, 154-479)

What fees, charges, or financial provisions are specified?

The legislation does not specify any fees, charges, or other financial provisions. It is a general criminal law focused on defining offenses and penalties, rather than administrative or regulatory matters. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021)

What exemptions or exceptions apply?

The law does not provide any explicit exemptions or exceptions from its scope. It applies comprehensively to all criminal offenses in the UAE, subject to the provisions of Islamic Sharia for certain crimes. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 1)

How are disputes resolved under this law?

The legislation does not specify any dispute resolution mechanisms. As a general criminal law, disputes would likely be resolved through the regular judicial system and criminal courts in the UAE. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021)

What are the key deadlines and time limits?

The law does not stipulate any specific deadlines or time limits. It is focused on defining criminal offenses and their corresponding penalties, rather than procedural or administrative timelines. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021)

How does this law interact with other UAE legislation?

This Federal Law by Decree repeals and replaces the following previous legislation: 1. Federal Law No. (3) of 1987 Issuing the Penal Code and amendments thereto. 2. Federal Law No. (9) of 2018 concerning Begging. 3. Federal Law by Decree No. (1) of 2019 concerning Determining Blood Money (Diya) In Cases of Manslaughter. The law also states that any provision conflicting or contradicting with its own provisions shall be repealed. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 2)

When did this law come into effect?

This Federal Law by Decree on Crimes and Penalties was issued on 20 September 2021 and came into effect on 2 January 2022. It was published in Official Gazette No. 712. (Federal Law by Decree Promulgating the Crimes and Penalties Law, 2021, Art. 3)

Source Documents

This article analyses Federal Law by Decree Promulgating the Crimes and Penalties Law for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.

Written by Sushant Shukla

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