Being convicted of a federal crime in the UAE has immediate and long-term effects for anyone who's facing the punishments imposed by the country's penal code.
The 3 Categories of Federal Crimes in the UAE
Federal Decree Law No. 31 of 2021, the newly introduced penal code of the UAE (UAE Penal Code), has replaced the existing Federal Law No. 3 of 1987. The UAE Penal Code categorizes federal crimes into three categories – infractions, misdemeanors, and felonies.
The Punishments for Each Category of Federal Crime
Infractions
The punishments may include confinement for a 24-hour term and may also include a fine (not exceeding AED 10,000) imposed on the offender for violations.
Misdemeanors
The punishments may include jail sentence, penalty fine exceeding AED 10,000, or even payment of blood money ('Diyat') depending on the crime commited.
Felony
This category includes the most serious types of federal crimes, and the punishment for felonies may include retaliation "qisas" punishment, imprisonment term (that may include life imprisonment), and even imposing death penalty. Deportation can also be imposed if the offender is an expatriate.
The Long-term Consequences of Being Convicted of a Federal Crime
The punishments imposed by the UAE court are the immediate consequence of being convicted under the criminal laws in the UAE. However, being convicted of a federal crime entails other long-term consequences for the offender.
Deportation
As mentioned earlier in this video, deportation may be imposed on expatriates who are convicted of a felony in the UAE.
This type of deportation is imposed under a court order against an expatriate who has been sentenced to a felony as per Article 126 of the UAE Penal code. Article 126 states that 'if a foreigner is sentenced to a custodial sentence in a felony, an order for his expulsion from the State shall be rendered'.
For misdemeanors, the UAE courts may still impose a deportation order as an alternative penalty to a custodial punishment.
As per Article 18 of Federal Decree-Law No. 29 of 2021 on 'Entry and Residence of Foreigners', an expatriate who has been deported from the UAE may not be allowed to return to the country unless with permission granted from the Chairman of the federal authority of identity, citizenship, customs and ports security.
Permanent Criminal Record
A criminal record is maintained in the UAE for a person convicted of a crime.
As per Article 2 of the Federal Law No. 36 of 1992 on 'Rehabilitation' and its amendments, 'A convict shall be rehabilitated and restored by the law if he or she is not convicted of a felony or misdemeanor that appears on their record within the following periods:
If the person is convicted of a felony and five years have lapsed as of the penalty execution, amnesty, or prescription.
If the person is convicted of a misdemeanor and three years have passed as of the execution of the penalty or amnesty unless the convict recommits the misdemeanor or the penalty has lapsed due to the prescription, in which case the period shall be five years.
Originally published 08 August, 2022
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.