Bounced Cheques no longer a Criminal Offense Post 2 January 2022 “The moment I write out a cheque, it’s an asset I have written off” – Shiv Nadar. The UAE being a business hub with a growing economy, cheques are one of the common forms of payments and a technique…
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India: Defenses against the charge of Forgery Introduction We have all heard of the saying that imitation is the best form of flattery; however, when it results in damage or injury to the public or an individual, it becomes punishable under law. One such example is that of Forgery. Forgery…
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Bounced Cheques and Implications Under UAE Law The dishonouring of checks has become a contentious and divisive issue in the UAE's legal landscape, owing to the serious consequences it now entails. In the UAE, Post Dated Cheques (PDC) are the most prevalent mode of payment, whether in a business-to-business or…
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Criminal - Trial in UAE Introduction The UAE penal code is not entirely based on Islamic Sharia, but it does include some components. In the UAE, Sharia law exists and is used in limited situations, such as the payment of blood money. Some Sharia punishments, such as flogging, have been…
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Criminal Law: Theft – Provisions, remedies, and procedure in the UAE Introduction Theft may only be perpetrated on an actual movable property that has monetary or nonmonetary value and belongs to someone else. Theft is described as the physical seizure of an object that can be stolen from the owner…
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Inchoate crimes and criminal responsibility: UAE Law Introduction As a general rule, criminal codes punish all those criminal acts preceding the commission of a crime. The liability hereunder is determined by the intention to commit the crime. It is to be kept in mind that, merely thinking about committing a…
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Legislation Commentary on Federal Law 5 of 2012 Legislation Number Federal Law Number 5 of 2012 Concerning Combating Information Technology Crimes (Cyber Crimes Law) Date of publication in the Official Gazette 13 August 2012 Jurisdiction The United Arab Emirates Related Legislation Federal Law Number 12 of 2016 amending Federal…
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Cybercrimes and their Punishment in the UAE Any illicit use of the internet, computer network, electronic website or any other information technology means is prohibited and shall constitute as a cybercrime. The use of the internet for the invasion of privacy, for provoking another to commit a crime or for…
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Challenging Expert Appointment in the UAE The appointment of an expert in UAE (United Arab Emirates) can be challenged on the basis that the expert failed to carry out his duties in an impartial manner or without prejudice to either one of the parties. The expert appointed has to at…
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Law Governing Conspiracy for Abetment of Crimes Urging a person to commit an illegal act or crime is as much an offence as the carrying out of such criminal offence. Federal Law Number 3 of 1987 promulgating the Penal Code (“Code”) in the United Arab Emirates (UAE) mandates that any…
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Extradition Treaty of UAE In International Law, extradition is when one state (Requesting state) requests another state (Requested state), to effect the return of a person for trial for a crime punishable under the Requesting state's laws and committed outside the Requested state (state of refuge). The extraditable person could…
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The Consideration of Coronavirus as a Force Majeure Event As it continues to spread globally, coronavirus (COVID-19) has effectively ensnared the world’s attention and concern by bringing it to a standstill. As of 28th March 2020, the World Health Organization has confirmed 512,701 cases of the virus worldwide and a…
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Appealing Power: The Power to Appeal Power and responsibility go hand in hand. The power to appeal renders the responsibility to seek justice, and the public prosecutors have been entrusted with such powers to seek appeals in certain civil and criminal matters in the United Arab Emirates (UAE). The courts…
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Criminal Implications of Perjury An Examination of the UAE Penal Code Perjury, the crime of lying under oath, is an offence that derails the fundamental goal of the justice system – the discovery of the truth. Even some notable and influential entities have not been exempt to the consequences of…
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