UAE Law and Practice Contributed by: Stuart Paterson, Janine Mallis, Tania Forichon and Elif Eren Ozenir, Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP Dubai International Financial Centre Gate Village 7, Level 4 PO Box 506631 Dubai UAE
Tel: +971 4 428 6300 Fax: +971 4 365 3171 Email: middleeastbd@hsfkramer.com Web: www.herbertsmithfreehillskramer.com
1. Criminal Law 1.1 Criminal Offences
and the misuse and abuse of online technologies are addressed in Federal Decree Law No 34 of 2021 on Combating Rumours and Cybercrimes (the “Cyber - crimes Law”). 1.2 Burden of Proof In the UAE, the Public Prosecution bears the burden of proof to establish the defendant’s liability by sat - isfying all elements of the offence. Under Article 2 of the Penal Code, a defendant is innocent until proved guilty. There are no specific standards of proof; judges have full discretion to assess the evidence and deter - mine liability. 1.3 Statute of Limitations Limitation periods in the UAE vary by offence category and are governed by Federal Decree-Law No 38 of 2022 (the “Criminal Procedural Law”): • felonies – 20 years; • misdemeanours – five years; and • contraventions – one year. These periods begin from the date the crime was committed (Article 21). There is no specific statute of limitations addressing concealed or continuing offences. The Penal Code states that no time limitations apply to: • crimes against State security, embezzlement, or damage to public funds (Articles 227 and 270); or
Article 27 of the UAE’s Penal Code (Federal Law No 31 of 2021, as amended by Federal Decree Law No 36 of 2022) (the “Penal Code”) classifies offences as felonies, misdemeanours and contraventions. Each crime requires two elements: • A material element – an act or omission violating a legal provision. • A mental element – either by intent or error. Intent exists when the offender deliberately commits or omits an act deemed criminal, aiming to produce a direct or legally recognised criminal effect. Intent is generally required, while motive is not neces - sary for punishment. Attempting to commit an offence (Article 35 of the Penal Code) is punishable, defined as an intent to accomplish a crime, which has been prevented or has fallen short of the intended action for reasons beyond the offender’s will. It is the commission of an act that is deemed a constituent part of the basic material ele - ment of the crime. Mere intention or preparation does not constitute an attempt, unless the law stipulates otherwise. In addition to the Penal Code, Sharia provides for cer - tain crimes with retaliation ( qisas ) and blood money ( diya ) as potential punishments. Further, cybercrimes
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