Submitting fake claims in the UAE is subject to the provisions of the 'false reporting' under the UAE Penal Code. In this video, we'll discuss the concept of false reporting or making fake claims under UAE law and its punishments.
Fake Claims Defined by the UAE Penal Code
The present law governing crimes and penalties in the UAE is the Federal Decree-Law No. 31 of 2021 on the Issuance of Crimes and Penalties Law (UAE Penal Code). The UAE Penal Code abrogated the existing Federal Law No. 3 of 1987 and its amendments and came into effect from 2 January 2022.
Making false reports to judicial or administrative authorities in the UAE is a punishable offense under the UAE Penal Code.
The punishment may include imprisonment as well as fines. The significant factor checked by the UAE courts in false accusation crimes is the existence of 'bad intent'.
In case the fabricated crime is a felony, both jail term and fines are likely to be imposed. In addition, if a false accusation leads to another person being convicted with a felony punishment, then the false accuser will be sentenced to the same penalty as well.
Punishments and Fines for Fake Claims
The two provisions concerning false reporting under the UAE Penal Code are as follows.
Article 324
Any person who reports to the judicial authority or administrative authorities, accidents or risks which do not exist at such time or contrary to the truth or who reports a crime knowing that it is not actually committed, shall be liable to a jail sentence for a period not exceeding six (6) months and a fine or either one of these two penalties.
Article 325
Any person who, with bad intent, makes a false report to the judicial authority or administrative authorities, accusing a person of committing a matter which requires criminal or administrative punishment, even if such matter has not resulted in instituting the criminal or disciplinary action, and any person who creates material evidence to accuse a person of committing a crime contrary to the truth or causes legal proceedings to be initiated against a person knowing that he is innocent, shall be liable to a jail sentence and a fine or either one of these two penalties. A jail sentence and a fine shall be imposed in the two cases if the fabricated crime is a felony. If the false accusation results in a conviction with a felony punishment, the false accuser shall be sentenced to the same penalty imposed thereof.
In addition, if a false claim is based on forged documents, it could also entail penalties under forgery. Forgery is defined under the UAE Penal Code as an act that alters the reality of a document in a manner specified in the UAE Penal Code, with the intention to substitute the false alteration for the genuine document, and which may cause harm.
Punishments and Fines for Forgery
The punishment for forgery of documents includes imprisonment which may extend up to 10 years. Article 251 of the UAE Penal Code states seven methods that are considered as committing the crime of forgery, which include the following:
- To alter a genuine instrument, whether by removing or changing any of its written parts, numbers, marks or pictures.
- To falsely sign or place a forged seal or to alter a genuine signature, seal, or imprint.
- To obtain the signature, seal or fingerprint of a person by surprise or fraud, who is unaware of the contents of the instrument or who has not validly given his consent.
- To imitate or create a fake instrument and attribute it to another person.
- To fill a blank paper that is signed, sealed, or containing fingerprints, without the approval of the person who has signed, sealed, or given the fingerprints.
- False impersonation or changing the identity in a document that has been prepared specifically to prove the identity of such other person.
- Alteration of truth in a document, immediately upon preparation of a document, which has been intended as a proof.
In most instances, raising a fake claim in the UAE is dealt with seriously and may invite punishments for more than one offense. The UAE heavily relies on the good faith principle and the legal requisite remains that any report of submission provided to the judicial authorities in the UAE should be based on good faith.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.