Theft is an unlawful way of taking and expelling another's property with the intent of keeping it without his consent. It is likewise alluded to as stealing and can be categorized into the following charges:
- Robbery;
- Burglary;
- Misappropriation,
- Fraud and shoplifting.
In our previous article concerning theft, Criminal Lawyers explained the different categories of theft including simple and aggravated theft as mentioned in the Penal Code of UAE. Nevertheless, the concerned article only covers the variety of penalties imposed on the accused.
Theft conveys imprisonment varying from a half year to as long as 3 years or a fine. Whereas, attempted theft, which is likewise wrongdoing, conveys the imprisonment from 3 months as long as a year and a half or a fine. The exemption to this standard is a circumstance where robbery is committed between near kin, guardians and youngsters or companions, and no outsider rights gather in which case the public prosecutor will only impose charges on the complaint register by the other party.
Secondly, attempted theft can be considered as aggravated if there is a usage of weapon with an intention to steal or to cause any physical injury or any injury caused during an attempt to defence. In such cases, the punishment entails a jail sentence varying from 3-15 years. Pertinently, if the accused carries a weapon, it will be considered as an aggravating offence if the weapon falls under the category of a weapon by nature. On the off chance that the charged carries a weapon amid robbery, and it is known as a weapon by use, it is viewed as aggravated circumstance just if the expectation of carrying it was to utilize it. However, it is the discretion of the court to adjudicate upon the intention to carry the weapon. Likewise, in cases of theft committed in the night, the intention of the accused shall be decided by the judge in any given circumstances.
Additional examples of aggravated offences are mentioned under Article 389 of the Penal Code which includes that a crime of theft committed in the place of worship, schools, homes and, banks which can be occupied with people or not. Importantly any restrictions on the entry of public or using a key without authorization or any act which causes damages to the public property via committing theft.
Article 388 clarifies the crime of theft committed by a paid representative (employee), not a volunteer, who commits theft in the workplace attracts imprisonment of 5-7 years. Moreover, whosoever utilizes a vehicle, or a motorbike or comparable vehicle without the consent of the proprietor or who has the option to its utilization will be rebuffed with detainment for a period not more than a year or a fine not more than AED 10,000.
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.