Cyber Crime

- The UAE legislator defined cybercrime as the criminal acts committed on the internet, or other networks, through digital devices, such as smartphones, computers, e-mail, chat rooms and others

- Here we find that the laws of the United Arab Emirates have been struck with an iron hand to reduce these crimes, as they combat the crime that actually occurs of all kinds, and not only that, the United Arab Emirates has taken many precautions to prevent the occurrence of these crimes, especially in light of their spread in recent times rapidly and rampant, and its complexity and diversity in light of the Electronic Development, the multiplicity of electronic platforms and the emergence of the so-called artificial intelligence . 

 The types and types of cybercrime :

1-electronic piracy

2-information crime

3-Internet Crimes

4-high-tech crimes

- The federal law of the United Arab Emirates and its No. 34 of 2021, the law on combating rumors and electronic crimes, and the telecommunications Regulation Law No. 3 of 2003, as amended by Law No. 5 of 2008, have regulated the penalties for Internet Crimes and Information Technology, and even toughened those penalties in order to limit and prevent them from spreading

- The law on combating rumors and cybercrimes is one of the latest and most advanced legislations, and the Cybercrime Law in the United Arab Emirates addresses the dominant areas, and most importantly, any activity in cyberspace that poses a threat to state security and political stability, disturbs Islamic principles, contradicts social and moral behavior, or punishes financial criminal activity, according to the law.

- Cybercrime is a growing global concern, and fortunately, countries are working to develop laws and regulations that prevent cybercrime at the international level, and in this article we will learn about the legal procedures against cybercrime in the UAE Under Law No. 34 of 2021:

1- Article 5: disabling or stopping a website, temporary imprisonment and a fine of not less than AED 500,000 and not more than AED 3,000,000 

2- Article 6: anyone who obtains, acquires, modifies, damages, discloses, leaks, cancels, deletes, copies or republishes personal data without a permit shall be punished with imprisonment for a period of not less than 6 months and a fine of not less than 20,000 dirhams and not more than 100,000 dirhams .

3- Article 11: the creation of mail or websites and false electronic accounts, shall be punishable by imprisonment and a fine of not less than 50,000 dirhams and not more than 200,000 dirhams, and the penalty shall be two years if the perpetrator uses or enables others to use the site in a way that offends the person who created it

4- Article 25: ridicule and damage to the reputation of the state and its symbols may be punishable by imprisonment for a period not exceeding 5 years and a fine not exceeding 500,000 dirhams whoever publishes information, news, data, photos, visual materials or rumors on a website or information network with the intention of ridiculing and damaging the reputation, prestige or status of the state

5- Article 41: collecting money without a license is punishable by imprisonment for a period not exceeding 5 years and a fine of not less than 250,000, and not more than 1,000,000 AED

6- Article 42: extortion and electronic threats are punishable by imprisonment for a period not exceeding two years and a fine of not less than 250,000 Dirhams and not more than 500,000 dirhams

7- Article 43: insulting and slandering, he may be punished with imprisonment and a fine of not less than 250,000 Dirhams and not more than 500,000 dirhams for insulting others or attributing to them an incident that would make him subject to punishment using an information network .

8-Article 44: disclosure of secrets and invasion of privacy, may be punished by imprisonment for a period of not less than 6 months and a fine of not less than 150,000 dirhams and not more than 500,000 dirhams anyone who uses an information network, electronic system or one of the means of information technology with the intention of attacking the privacy of a person or the inviolability of private or family life of individuals without consent and in :

 Eavesdropping, intercepting, recording, transmitting, broadcasting or disclosing conversations, communications, audio or video materials .

- Taking third-party photos in any public or private place, or preparing, transferring, disclosing, copying or retaining electronic photos

- Publishing news, electronic images, photographs, scenes, comments, data or information, even if they are true, with the intention of harming the person

- Taking photos of the injured, dead, or victims of accidents and disasters, or transmitting or broadcasting them without the permission or consent of the concerned persons

- Tracking, monitoring, disclosure, transmission, disclosure, copying or retention of third-party geolocation data

- So be careful before posting photos involving other people without their consent, this is a criminal offense that violates the privacy of others, defamation: or defaming an individual by sharing content that arouses disapproval or public contempt, is a criminal offense punishable by law

- Electronic piracy and malware: the Telecommunications Regulatory Authority of the United Arab Emirates monitors the internet world and strictly prohibits electronic piracy, the use of malicious online software and VoIP services .

- After reviewing some of the penalties for some behaviors that may prepare the perpetrator that they are not criminal or not punishable by law , you must be very careful of any behavior you do in your use of the internet, it is possible to throw yourself in the absence of prisons without knowing or convicted of a large fine.  Here, the work of a Cyber Crime legal advisor, is centered, where he examines the elements of the physical crime and its elements to determine the fact that the accused committed the elements of the crime and determine the correct picture of the crime committed.

Drug Crimes

* Before getting into the topic, it is important to address what is the definition of drugs in general as illegal substances classified by the government as dangerous, and drug possession is often associated with drug trafficking and drug crime charges in the UAE may be large and dangerous, but their punishment is determined by the type and quantity of drugs seized and the proven intention to sell, distribute or promote.

 

- Possession and use of drugs

 

-              Dear reader,,, if drugs are found with you, then you will be charged with possession with intent to traffic ( sell )or abuse, depending on the amount obtained from you during your arrest, as there are many evidences, signs and clues that differentiate between possession with intent to use, sell or promote, for example, if you were arrested while in a state of sale of narcotic substances ( state of wear) or,, all these things are considered evidence of proving the crime of possession with the intention of trafficking or promotion, but if the seized items are with you in such a small quantity that it is not It can be characterized by the act of trafficking or promotion, or it has been proven that you are actually a user, so the accusation is classified as possession with intent to use .

- Drug trafficking;

 - Drug trafficking is considered a felony in the UAE, and the law defines the trade of narcotic substances or drug trafficking as : selling, exchanging or dealing with drugs, heroin, cocaine, marijuana and tramadol, which are the most common drugs in drug trafficking cases.

- As the UAE legislator has made a mistake, the penalty for drug trafficking can be up to life imprisonment, and it may be the death penalty if you have previously been convicted of a drug trafficking crime.

- Transportation of drugs

- The United Arab Emirates is striking with an iron hand to limit the transfers of narcotic substances due to its geographical location and global position, and the transfer of drugs is defined as the illegal movement of drugs and their transfer from one place to another and obtaining a sum of money as a result of the transfer, and transportation can be by plane, car, ship, train or any other means .

 

- Those accused of drug transport crimes are punished with numerous penalties. The punishment varies depending on the type and classification of narcotic substances, geographical location and the amount of drugs transported. Crimes of transporting drugs into the UAE face the most severe penalties . Hiring a lawyer significantly increases your chances of preserving your freedom. At THE BLACK ROBE FOR LEGAL CONSULTANCY AND DEBT COLLECTION, we ensure that your rights are protected and that you get exceptional legal representation for the crime of transporting the drugs you are accused of.

- Penalties can be the following :

1-life sentence in prison

2. death sentence
3. fines

4-final expulsion from the state

- Here are also some of the penalties that have been legalized for doping and possession

- Anyone who has used, or acquired with the intention of using, or used in his personal capacity in other than authorized conditions, narcotic substances, or psychotropic substances shall be imprisoned for a period of not less than two years, and the court may add a fine sentence of not less than ten thousand dirhams

- As stated in Article 55 of the anti-narcotic substances Law No. 30 of 2021, " anyone who manufactures, imports or sells fifty thousand dirhams shall be punished with a fine of not less than (50,000), and everyone who has acquired and brought with the intention of promoting goods, publications bearing graphic or painted, writings or ideas calling for crimes of narcotic substances and Psychotropic Substances, and the publications shall be confiscated.

 

- Penalties for poaching drugs to others

 A man shall be imprisoned for at least five years for knowingly injecting narcotic substances with the aim of making him addicted, whether by putting them in a drink, food or other

 The penalty shall be imprisonment for a period of not less than seven years if the crime of tampering with drugs is committed, with the intention of making the victim addicted to those substances or influences

 It is a life sentence for anyone who has committed a crime and the act resulted in the victim's addiction to drugs or psychotropic substances.

 The death penalty shall be imposed if this results in the death of the victim.

 It is punishable by life imprisonment for anyone who forced a person to use drugs or psychotropic substances.

 Life imprisonment and a fine of at least twenty thousand dirhams in case of re-committing the said crimes.

- Dear reader, it may seem to you that the purpose of increasing these penalties for drug crimes, such as possession, use, trafficking, promotion, transportation and poaching, is to punish the criminal, but quite the contrary, what matters to the UAE in the first place is to preserve youth, and to establish rules and foundations that would enhance the security and stability of society. .

 This is in addition to the UAE's efforts to promote legal culture among all members of society, raise the level of public awareness of the laws and to preserve all members of society from the scourge of drugs in conjunction with the International Day to combat drug abuse and Illicit Trafficking.

Here is the work of a Drug Crimes - Drugs Case legal advisor where he examines the elements of the physical crime and its elements to determine the fact that the accused committed the elements of the crime , so as not to oppress the accused and bear the maximum penalty than he deserves .

- Treatment of addiction

- The state has been keen to treat addiction as soon as it occurs, and the law has authorized the Ministry of Health and the Ministry of Labor and Social Affairs to establish specialized units for the treatment of addiction, whose members include representatives of the ministries of Interior, Health, Labor, Social Affairs, Islamic Affairs, Endowments and the public prosecution. the duration of treatment or rehabilitation may not exceed two years.

Financial Crimes

Money laundering crimes

- Definition: we have argued that the definition of money laundering as a process that has multiple forms, methods and methods and goes through multiple stages, is resorted to by the perpetrators of illegal crimes through which money obtained from illegal activities is legitimized through the exploitation of these funds and their employment in legitimate activities and projects; in order to hide the source of these legitimate funds, as they are the result of criminal activities. There are many economic, social and political damages resulting from the crime of money laundering. from the economic point of view, money laundering affects national income and its distribution and leads to unbalanced consumption. these funds also affect international security and peace through the use of these funds to finance terrorist acts. from the social point of view, it leads to a widening gap between the strata of society and leads to the spread of unemployment. from the political point of view, it leads to the control of money laundering groups over the political system.

- The phenomenon of money laundering is one of the phenomena that have worried the world recently, because it is an international crime that has spread in the era of globalization and is one of the most serious crimes that threaten global security as well as its devastating economic and social repercussions.

- The importance of this topic comes from its connection with the various activities carried out by organized criminal groups, which have been disturbing various states, international organizations and bodies. This phenomenon is considered one of the global phenomena that accompanies its emergence with two global phenomena, namely scientific and technical development, and globalization, which resulted in the globalization of banking systems, which increased interaction between countries, and facilitated the transfer of capital between them, consistent with the competition of the organized economic crime movement, which allowed organized crime gangs to carry out their activities through collecting funds in illicit ways and later working to change their character, to appear as if generated from a legitimate source under conditions where there is no unified legal regulation at the regional or international level to address them

- According to the anti-money laundering laws, the crime of money laundering is a felony, and therefore it cannot be referred to the criminal courts according to the general rules without being preceded by an investigation. After the competent anti-money laundering authorities have completed the investigation phase carried out within the framework of the rules stipulated in the anti-money laundering law and have reached the existence of strong evidence of the commission of a money laundering crime, the role of the competent judicial authorities comes in accordance with the relevant criminal law. In this paper, we are trying to shed light on the stages of Investigation and investigation of the crime of money laundering and how the competent authorities of each of them carry out the work entrusted to them in this regard, in accordance with the approved legal rules.

- The UAE legislator has also been struck with an iron hand to prevent the spread of these crimes. Decree-Law No. 20 of 2018, as amended by Federal Decree-Law No. 26 of 2021, and Cabinet Resolution No. 10 on the executive regulations on countering money laundering crimes, combating the financing of terrorism and financing illegal organizations have been issued to develop the legislative and legal structure of the state due to its important role in ensuring continuous compliance with international standards related to combating money laundering crimes and countering the financing of terrorism.

 

- The law also aims to:

1-combating money laundering practices and crimes

2-developing a legal framework that enhances the efforts of the relevant authorities in the state to combat money laundering and related crimes

3-combating terrorist financing operations and suspicious organizations.

- The decree-law defines the perpetrator of the crime of money laundering as anyone who was aware that the money was obtained from a crime, and intentionally committed one of the following acts:

1. Transfer or carry out any operation with the intention of concealing or disguising its illegal origin
2. Concealed or misrepresented the fact of the proceeds, their source, location, manner of disposal, movement, ownership or rights related to them
3. Acquire, acquire or use the proceeds when they are received

Dr.          He helped the perpetrator of the original crime to escape punishment.

- The Decree-Law stipulates that the crime of money laundering is considered an independent crime, and the punishment of the perpetrator of the original crime does not prevent him from being punished for the crime of money laundering, and a conviction for the original crime is not required to prove the illegal source of the proceeds.

 

- Therefore, we advise you, as a Financial Crimes legal advisor to be careful not to receive, transfer or transfer any money or cash receipts that you do not know the source of, as it is possible to throw yourself into a crime that you do not have a clue about .

Violent crimes

The whole world is witnessing many forms of violent crimes in various forms and types, but the United Arab Emirates has been struck with an iron hand to reduce these crimes, which pose a threat to the lives of individuals and society in general, the UAE legislator has issued with all force and rigor towards crimes that pose a threat to the lives of individuals, physical harm and exposure to their legitimate and constitutional freedoms and rights , but before all this, we must know the types of violent crimes that can be exposed to any member of society , one of the most important forms of violent crimes is :

 

 The first picture is domestic violence

- First, the definition of domestic violence in accordance with the law : the UAE legislator has defined family violence as any act, statement, abuse, harm or threat committed by one family member against another family member, exceeding his jurisdiction, guardianship, maintenance, authority or responsibility, and resulting in physical, psychological, sexual or economic harm or damage .

 The government of the United Arab Emirates has also been keen to stabilize the family entity as it is the first building block of society, protect it from family violence, promote social cohesion and protect private life in accordance with the legacies, Customs and traditions in society, and to correct behaviors harmful to the family, so the legislator has issued federal law Decree No. 10 of 2019 on combating family violence. As well as Law No. 3 of 2016 on the protection of children's rights (Wadima law )

- There are four types of domestic violence, namely: - physical abuse, psychological abuse, sexual abuse, economic abuse.

Domestic violence crimes apply to both husband and wife and their children and grandchildren

1-the children of one of the spouses from another marriage.

2-the father and mother of any of the spouses.

3-relatives by descent or by consanguinity up to the fourth degree.

4-the person covered by the custody of an alternative family in accordance with the provisions of the legislation in force ".

 

- The legislator has provided for penalties for facing crimes of domestic violence :

1. Anyone who commits any of the acts that are considered family violence, namely physical abuse, psychological abuse, sexual abuse and economic abuse, shall be punished by imprisonment for a period not exceeding six months and a fine not exceeding 5,000 (five thousand dirhams )or by one of these two penalties, anyone who commits any of the acts of family violence.
2. It is also for the court to double the penalty if the accused commits any act of domestic violence within a year of committing the previous act, and this was out of the legislator's keenness and vision to preserve family ties .

 

 The fact of assault and battery :

- The UAE legislator defined the crimes of assault and battery as inflicting physical harm on the accused, and the charge of assault is one of the most serious crimes, and the UAE legislator has also mistaken the penalty for assault and battery, limiting it to the following penalties :

- Imprisonment for up to three years .

- The fine .

- Precautionary measure: final deportation .

 

 About the murders :

- Murder is considered one of the forms of violent crimes, and there are many forms of murder such as ( manslaughter or manslaughter - and premeditated murder).

1-premeditated murder(premeditated and premeditated)

 

- First of all, it is important to touch on what is the definition of murder : taking a life without a legitimate reason or justification and the killer deliberately did the murder

- The perpetrator must have the intention to kill, not just assault, and there are also evidence and factors that would predict the intention of premeditated murder

 

 The rule in Islam is murder is equal to murder, but for intentional murder there are conditions that must be met, namely::

1 - be intent to kill.

2-he must be a sane adult, so he does not take revenge on the boy and the madman because they are not legally charged with judgments.

3-the killing should not be in self-defense.

4 - also, the murder must be proved by forensic and legal evidence indicating that the murder was intentional

- Therefore, due to the severity and heinousness of the crime of premeditated murder, the UAE legislator has mistaken the penalty for premeditated murder for the death penalty.

 

2-manslaughter :

- Intentional murder differs from manslaughter in the sense of the availability of criminal intent to take the life of another person, as manslaughter comes with the lack of proof of the perpetrator's intention to commit the act of murder, and not intentionally, for example, murder by car, where a person kills another person accidentally while driving recklessly, and those crimes have strict penalties in Dubai, including:

1. imprisonment for up to three years .
2. fines

3-final withdrawal of the driver's license .

4-the judge has discretion in applying the deportation measure in these crimes .

 

3-Kidnapping Crimes

- The crime of kidnapping is one of the forms of violent crimes widespread in our society , and the definition of the crime of kidnapping came as the detention of a person to another person by force without his desire, and this is a very serious crime, and given that seriousness, the UAE legislator has stressed the penalty for kidnapping according to the following :

1-imprisonment for up to 15 years .

2-final expulsion from the state .

3.kidnapping under threat, which is considered kidnapping in addition to threatening circumstances such as inflicting harm or holding a person for ransom, can result in a life sentence.

Here is the work of a Violence Crimes Lawyer in Dubai, Abu Dhabi UAE, where he examines the elements of the physical crime and its elements to determine the fact that the accused committed the elements of the criminal act and determine the picture of the real crime , and therefore the defense is built in the pending case against the accused before the court

Theft Crimes

The crime of theft

 As for the crime of theft in the United Arab Emirates, theft is one of the most heinous crimes committed against individuals and against society, despite this, it is one of the most widespread crimes in the Arab world; from stealing a mobile phone and a wallet to stealing a car and real estate.

 As one of the countries that represents a front for the Arabs and is characterized by applying all the laws and regulations in all matters, the UAE law has responded in the face of the crime of theft, and we will get to know this in detail.

 

First of all, here is the definition of theft as described by the UAE legislator :

 

 The crime of theft is the illegal seizure of the property of a third party with the intention of depriving him of it. Some other crimes are referred to as theft, but they are not according to the law : robbery, embezzlement, breach of trust, fraud or fraud.

 There are two types of theft: aggravated theft and ordinary theft. Aggravated robbery is, for example, when two armed people rob a house at night, and the charge is often a felony, if you are charged with it you will find yourself in prison for life. Ordinary or simple theft is theft without the above circumstances and can result in a misdemeanor charge. If you are convicted of it, you will find yourself in at least 6 months in prison, in addition to the dimensions if you are a foreigner, moreover, in light of the tightening of the UAE Penal Code in the prison sentence and the lack of complacency, waiver or reconciliation in it, as the crime of theft is not considered an assault on the right of the individual only, but an assault on the right of an entire society, so theft penalties are applied without mercy, in addition to raising the value of the fine by the beginning of 2022 to scare criminals or those who wish to commit a crime.

The accumulated experience of Theft Crimes is working to rid the accused of the crime by signing the minimum penalties stipulated by the law.

 

 As the UAE legislator has increased the penalty for theft in certain circumstances, the penalty may reach life imprisonment :

1. Committed at night.
2. Committed by two or more persons (gang).
3. Robbery with carrying or threatening a weapon.
4. To occur in a residential place, either by entering it directly or by climbing and breaking doors and locks, or entering it by deception.
5. If it is made by more than one person with coercion and threat.
6. If you fall at night with the use of a weapon.

 Life imprisonment is meant to be for life, but the actual one is 25 years, and temporary imprisonment is a term of imprisonment determined by the judge and the facts before him for theft, usually between 3 and 15 years.

 

What are the elements of the crime of theft

- Any crime consists of several pillars, and its occurrence is denied by the fall of one of these pillars. The elements of the theft crime are as follows:

1- the material element: that is, the criminal's intention to take the stolen thing from its owner and seize it, knowing that this is an explicit criminal act and yet complements it. (The act of theft has already been completed).

2- the moral pillar: the availability of knowledge and the will of the thief.

3 - the place of theft : the materiality of the stolen thing, i.e. its portability and mobility such as money, car and mobile.......... Etc .

4- ownership of the stolen thing from the stolen one

 Finally, dear reader, we at THE BLACK ROBE FOR LEGAL CONSULTANCY AND DEBT COLLECTION, defend the accused, whether on ordinary or aggravated theft charges or other honesty-related crimes, such as the charge of dishonesty, fraud, fraud or other charges. Despite the strict penalties imposed on the thief in the UAE, it is fairly widespread, especially in large cities such as Abu Dhabi, Dubai and Sharjah, due to congestion and overcrowding of businesses and individuals, but it is one of the lowest Arab countries in theft rates, and usually the types of theft are simple thefts.