According to the part 1 article 404 of Federal Law 1987 No 3 on Penal Code amended by Federal Law of 2005 No 34 and Federal Law of 2006 No 52:
“any person shall be sentenced to detention or to a fine, whoever embezzles, uses or dilapidates amounts, bills or any other movable property to the prejudice of those entitled whenever said movable property are delivered to him on bases of deposit, lease, pledge, loan for consumption or proxy”.
In the application of this provision shall be considered as a proxy, the partner in joint property, the officious on the property of the interested owner and whoever received something to be used in a specific matter for the benefit of its owner or of others.
This example of criminal offence is much expanded in the country and in practice; the judge might sentence the accused to 3 years jail term together with the imposition of deportation according to article 121 of the Law.
One of the latest court examples to be illuminated is the case where the partner was sentenced to the maximum term required by the article for receiving and using the company money. The funds came from one partner to another with the purpose of construction of the factory. The court of the first instance considered the accused as a guilty and sentenced him to maximum punishment. However, the appeal court took into consideration the lack of criminal component in the case and changed the punishment from jail term to fine.
The major point of our defence in the case was the insistence of lack criminal intention and the necessity for the case to be seen by the civil court with the further evidence and investigation of financial flow inside of the company. The court accepted the point and reduced the punishment to the fine.
The affected party saved the right to raise a civil case in the competent court, therefore, the criminal procedure was completed without of real sentence for the partner.
General advice for any financial crime is insistent on the investigation of intention on the crime, the evidence of the receiving of funds and in case of not acceptance of judgment to use the right for an appeal.
The article prepared by lawyer Dr. Maryam Krystyna Nechaieva
Anyone who is looking for a lawyer in the United Arab Emirates for the first time might ask himself a several very important of questions:
– Where to start (which Emirate)?
– Which lawyer do I need in my particular situation (criminal, civil, family, labour)?
– What to look for in a lawyer? (Price, quality, experience, nationality…).
Finding the right lawyer to handle your matter is critical in saving the time and money, as well as achieving a favorable result. It is advised to talk to several different lawyers before choosing the right one. First of all, it is better to look for someone that you feel comfortable with, the same nationality or speaking the same language, who better understands you. You should foresee a long-term relationship that can facilitate your ongoing needs.
Lawyers in the UAE do not necessarily have to be UAE nationals. All lawyers must be licensed to practice law in Federal courts and be under the supervision of an accredited law firm.
The best way to find a good lawyer is to:
– Do a thorough web search. Look online, check lawyer’s websites and forums, look everywhere you can. Attentively read all the testimonials you find from the real people.
– Ask in your Embassy/Consulate to recommend you any trusted local lawyer.
– Ask for references from your friends or colleagues who have had own experience with the certain law firms.
– Get referrals from the UAE courts or local Legal Department personally or through surfing on relevant websites.
– Make research and visit the nearest Law offices in your area.
– Ask the right questions while meeting with every lawyer you visit.
Once you have chosen a lawyer, ask to sign a legal fees agreement and make sure you understand exactly what you are agreeing to, how you will be billed, and how your retainer will work. You might be paying hourly or a flat fee. Find out what it covers exactly. Don’t be shy to ask questions. Do not hire a lawyer who will not give you a legal fees agreement. This is not negotiable.
Be clear on what you expect, what the lawyer can do for you, and what the lawyer thinks it will cost. Lawyers cannot give exact estimates of the entire trial expenses, but they should be able to give you an idea.