UAE Enacts Comprehensive Amendments to Federal Penal Code
Abu Dhabi, UAE – November 2020: The United Arab Emirates has promulgated Federal Decree-Law No. (15) of 2020, introducing significant amendments to Federal Law No. (3) of 1987 concerning the Penal Code. These revisions reflect the nation’s commitment to aligning its legal framework with contemporary standards and enhancing the effectiveness of its criminal justice system.
Key Amendments:
- Application of Islamic Shari’a: Article (1) specifies that provisions of Islamic Shari’a apply to retribution and blood money crimes. Other offenses and their respective punishments are delineated in this Law and other applicable penal codes.
- Classification of Crimes: Article (26) categorizes crimes into three types: felonies, misdemeanors, and offenses. The classification is determined based on the type of penalty prescribed by law.
- Definition of Felonies: Article (28) defines a felony as a crime punishable by retribution punishments, capital punishment, life imprisonment, or temporary imprisonment.
- Principal Punishments: Article (66) outlines the principal punishments, including retribution and blood money punishments, capital punishment, life imprisonment, temporary imprisonment, incarceration, detention, and fines.
- Capital Punishment Supremacy: Article (92) states that capital punishment overrides all other punishments, except for proportionate fines and confiscation.
- Deportation of Foreigners: Article (121) mandates that courts order the deportation of foreign nationals convicted of felonies and sentenced to freedom-restricting punishments. In misdemeanors, courts may exercise discretion in ordering deportation. However, deportation cannot be ordered if the foreigner is a spouse or first-degree relative of a UAE national, unless the conviction pertains to a crime against state security.
- Alcohol-Related Offenses: Article (313) Bis decriminalizes the consumption, possession, or trading of alcoholic beverages in situations and places permitted by applicable legislation. It imposes penalties on individuals who provide or sell alcohol to persons under 21 years of age.
- Suicide and Instigation: Article (335) criminalizes attempted suicide, punishable by incarceration for up to six months or a fine not exceeding AED 5,000. It also penalizes individuals who instigate or assist others in committing suicide, with harsher penalties if the victim is under 18 or has limited mental capacity.
- Sexual Crimes: Articles (354) and (356) impose severe penalties, including capital punishment, for coercive sexual intercourse or sodomy, especially when the victim is under 14 or lacks free will due to age or mental state. Voluntary sexual molestation of individuals under 14 or those lacking free will is also subject to stringent penalties.
- Public Decency: Article (358) penalizes public acts of obscenity with fines ranging from AED 1,000 to AED 50,000. Repeat offenders may face incarceration for up to three months and fines up to AED 100,000.
These amendments underscore the UAE’s dedication to modernizing its legal system while preserving cultural and societal values. Legal practitioners and residents are advised to familiarize themselves with these changes to ensure compliance and awareness of their rights and obligations under the law.
“For a comprehensive understanding of all amendments, refer to the official document: Federal Decree-Law No. (15) of 2020 Concerning the Penal Code.
