Crimes and Penalties Law

Article (1)

Book One: General Provisions · Section One: Introductory Provisions

The provisions of the Islamic Sharia shall apply to the crimes punishable by retribution (Qisas) and crimes punishable by blood money (Diya). The other crimes and their prescribed penalties shall be defined in accordance with the provisions of this Law and the other penal codes in force.

Article (2)

Book One: General Provisions · Section One: Introductory Provisions

No person may be convicted for a crime committed by another. And the accused is innocent until proven guilty in accordance with the law.

Article (3)

Book One: General Provisions · Section One: Introductory Provisions

The provisions of Book One of this Law shall apply to the crimes provided for in the other penal laws, unless there is a stipulation therein to the contrary.

Article 4

Book One: General Provisions · Section One: Introductory Provisions

Unless the context of this Law otherwise requires, the term "Government" shall include the Federal Government and the governments of the Emirates members of the Federation.

Article (5)

Book One: General Provisions · Section One: Introductory Provisions

A public servant as per the provisions of this Law, shall mean any person occupying a federal or local job, whether legislative, executive, administrative or judicial, and whether he is appointed or elected; including: 1. Persons entrusted with the public authority and employees working in ministries and governmental departments. 2. Members of the Armed Forces. 3. Security authorities' employees. 4. Members of judicial authorities and chairmen and members of legislative, consultative and municipal councils. 5. Whoever is delegated by any of the public authorities to perform a specific assignment within the limits of the assigned entrusted thereto. 6. Chairmen and members of boards of directors, managers and all other employees working in public entities and corporations, and companies partially or wholly owned by the federal government or the local governments. 7. Chairmen and members of boards of directors, managers and all other employees working in associations and public benefit institutions. 8. Employees in entities whose funds are public funds in this Law or in any other law. Whoever is not included in the categories stated in the preceding Clauses and performs work connected to public service in accordance with a contract with an entity whose funds are public funds, or an assignment issued thereto by a public servant having the power to give such an assignment by virtue of prescribed laws or systems, concerning the work contracted on or assigned thereto, shall be considered to be entrusted with a public service under the provisions of this Law. The job, work or service may be permanent or temporary, with or without pay, voluntarily or compulsory. The termination of the job, work or service shall not prevent the application of the provisions of this Law whenever the crime has been committed during the existence of the capacity.

Article (6)

Book One: General Provisions · Section One: Introductory Provisions

1. A foreigner public servant in accordance with this Law shall be: any person who occupies a legislative, executive, administrative or judicial position in another country, whether permanent or temporary, and whether he is appointed or elected, with or without pay, and any person entrusted with a public service. 2. An employee of an international organization in accordance with this Law shall be: any person who occupies a position in an international organization or is authorized by such organization to act on its behalf.

Article (7)

Book One: General Provisions · Section One: Introductory Provisions

Public funds in accordance with this Law shall be: 1. Funds owned, in part or in whole, by a federal or local authority, a federal or local public entity and corporation, a company partially or wholly owned by the federal government or the local government, or an association or public benefit institution. 2. Any funds that are subject to the management or supervision of one of the entities provided for in Paragraph (1) of this Article or if such an entity has the right to utilize them and benefit therefrom. 3. Funds owned by any other entity that this Law stipulates that its funds are considered public funds.

Article (8)

Book One: General Provisions · Section One: Introductory Provisions

No punitive measure shall be imposed except in the cases and under the conditions stipulated by the Law. Provisions relative to penalties shall, unless otherwise provided, apply to punitive measures.

Article (9)

Book One: General Provisions · Section One: Introductory Provisions

The provisions of this Law that apply to the crimes against the President of the State shall apply to crimes committed against the Vice President of the State and the members of the Federal Supreme Council and their Crown Princes and Deputies.

Article (10)

Book One: General Provisions · Section One: Introductory Provisions

Under this Law, the following shall be considered means of publicity: 1. Any speech or shout uttered publicly or conveyed through any means in a public gathering or place or a in place open for the public . 2. Any acts, gestures, or movements performed in a public gathering or place or a in place open for the public, or conveyed to the persons who are in such places through any other means, or witnessed by those who are not party thereto. 3. Writings, drawings, and pictures or symbols, or audio, visual or reading materials, or films or other means of expression means, if displayed in a public gathering or place or a in place open for the public, or distributed or circulated without discrimination by any means, or sold or offered for sale to people in any place.

Article (11)

Book One: General Provisions · Section One: Introductory Provisions

Periods and dates provided for in this Law shall be computed in accordance with the Gregorian calendar, unless the Law stipulates otherwise.

Article (12)

Book One: General Provisions · Section One: Introductory Provisions

The provisions of this Law shall in no case prejudice any rights of refund or indemnity, or expenses or any other rights which may be pertaining to the adversaries or other parties.

Article (14)

Book One: General Provisions · Chapter One: Temporal Application of the Law: Article (13)

If, after the crime is committed and before a final judgment is issued thereon, a law that is more favourable to the accused is promulgated, such law shall alone be applicable. And if, after the judgment has become final, a law is promulgated deeming the act or omission, for which the accused has been convicted, as not punishable, the judgment shall be stayed and its penal effects shall cease, unless the new law stipulates otherwise. But if the new law only extenuates the penalty, the court which has issued the final judgment shall, upon the request of the Public Prosecution or the convict, amend the penalty imposed according to the provisions of the new law.

Article (15)

Book One: General Provisions · Chapter One: Temporal Application of the Law: Article (13)

Notwithstanding the preceding Article, if a law is promulgated, deeming an act or an omission as a crime, or increasing the penalty that has previously prescribed therefor, and if said law is temporary and limited to a specific period of time, or if some exceptional and unexpected circumstances have caused such law to be promulgated, in such a case, the expiry of the period set for its application or the forfeiture of the exceptional and unexpected circumstances shall neither prevent from filing criminal cases for any crime committed within said expired period, nor preclude the execution of the penalty which may have been imposed in accordance with said law.

Article (16)

Book One: General Provisions · Chapter One: Temporal Application of the Law: Article (13)

The new Law shall apply to all continuous or successive crimes committed before it its entry into force and to habitual crimes which have been committed repeatedly after the new Law has entered into force. And if the new Law amends the provisions relating to recidivism or plurality of crimes or penalties, it shall apply to any crime which causes the accused to be subject to the provisions of plurality or which considers him a recidivist; even if the other crimes were committed before the said new law has entered into force.

Article (18)

Book One: General Provisions · Chapter Two: Spatial Application of the Law and Its Application to Persons: Article (17)

The provisions of this Law shall apply to such crimes committed onboard warships and military aircraft flying the flag of the State, wherever they are. This provision shall also apply to non-military ships and aircraft owned by the State or managed for non-commercial purposes, as well as commercial ships and aircraft flying the flag of the State.

Article (19)

Book One: General Provisions · Chapter Two: Spatial Application of the Law and Its Application to Persons: Article (17)

Without prejudice to the agreements and conventions to which the State is a party, the provisions of this Law shall not apply to crimes committed onboard foreign ships in a port of the State or in its territorial waters, except in any of the following events: 1. If the effects of the crime extend to the State. 2. If the crime by its nature prejudices the security of the State or disturbs peace in the State or contravenes public morals or good order in its seaports or territorial sea. 3. If the captain of the ship or the consul of the State flying its flag 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 prohibited to be circulated, acquired or traded internationally. In respect of the crimes committed onboard foreign aircraft in the air territory of the State, the provisions of this Law shall not apply unless the aircraft lands in any of its airports after committing the crime or if the crime by its nature disturbs peace in the State or prejudices its public order or if the crime constitutes violation of the regulations and provisions organizing navigation in the State or the pilot requests assistance from the local authorities or if the perpetrator or the victim is a citizen of the State.

Article (20)

Book One: General Provisions · Chapter Two: Spatial Application of the Law and Its Application to Persons: Article (17)

This Law shall apply to any person who performs, outside the State, an act which causes him to be considered a perpetrator or an accomplice of a crime which is wholly or partially committed in the State.

Article (21)

Book One: General Provisions · Chapter Two: Spatial Application of the Law and Its Application to Persons: Article (17)

This Law shall apply to any individual who performs, outside the State, an act which causes him to be considered a perpetrator or an accomplice of one of the following crimes: 1. Crimes against the external or internal security of the State, its constitutional regime or its bonds issued under legal license, or in connection with its stamps, or crimes of falsification or counterfeiting of its official documents or seals. 2. Crimes of falsification, counterfeiting or forgery of the State's money, or circulation or possession thereof with the intention of circulating them, whether such acts are committed inside or outside the State. 3. Crimes of falsification, counterfeiting or forgery of coined or paper money which is legally circulated in the State, or crimes of circulating such coined or paper money in the State or the possession thereof with the intention circulating them. 4.Crimes of premeditated murder against a citizen of the State.

Article (22)

Book One: General Provisions · Chapter Two: Spatial Application of the Law and Its Application to Persons: Article (17)

This Law shall apply to any person who is present in the State upon committing abroad, as a perpetrator or an accomplice, a crime of sabotage or impairment of international means of communications, crimes of trading in drugs, women, children or slaves or the crimes of international piracy and terrorism or money laundering.

Article (23)

Book One: General Provisions · Chapter Two: Spatial Application of the Law and Its Application to Persons: Article (17)

Any citizen who performs outside the State, an act that is considered a crime according to the provisions of this Law, as a perpetrator or an accomplice, shall be punished in accordance with its provisions if he returns to the State and such act is punishable under the law of the country where it is committed. This provision shall apply to any individual who acquires the nationality of the State after having performed said act. For the purpose of applying this Article, any person without nationality shall be treated as a citizen if he has a permanent residence in the State.

Article (24)

Book One: General Provisions · Chapter Two: Spatial Application of the Law and Its Application to Persons: Article (17)

Only the Public Prosecutor may file a criminal action against a person who has committed a crime abroad. Said action may not be filed against the person who is proven to have been finally acquitted by foreign Courts, or have been convicted and have served fulfilled the penalty, or if the criminal action or the penalty imposed has been legally forfeited, or if the competent authorities of such country has docketed the investigations. The law of the country where the judgment has been issued shall be the competent law to decide whether such judgment has become final or not, whether the action or the penalty has been forfeited or not and whether the investigation has been docketed or not. If the penalty imposed has not been completely served, its period must be completed. However, if the judgment of acquittal concerns a crime provided for in Articles (21) and (22), due to the fact that such crime is not punishable under the law of that country, a criminal action may in this case be filed against him before the State's Courts. The competent federal court located in the Federal Capital shall have jurisdiction to consider the criminal action.

Article (25)

Book One: General Provisions · Chapter Two: Spatial Application of the Law and Its Application to Persons: Article (17)

When executing the penalty against the convict, the period which he has served in custody, in preventive detention, electronic probation, or in execution of the penalty abroad for the crime for which he has been convicted shall be taken into account.

Article (26)

Book One: General Provisions · Chapter Two: Spatial Application of the Law and Its Application to Persons: Article (17)

The provisions of this Law shall not apply in the territory of the United Arab Emirates to persons enjoying immunity in accordance with the international agreements or international or domestic laws.