Legal Risks of False Accusations - A Comprehensive Guide

In the UAE,?false accusations have serious legal consequences. As such, it is important to understand their implications to avoid having issues with the law. For this reason, you have to read about the law regarding this matter and understand all of its risks.?

In this article, you are going to learn more about?false accusations. Furthermore, you are going to dive deep into the law and understand what to do?when someone makes false accusations against you.

What are False Accusations in the UAE?

In every country, there are regulations regarding?false accusations. While in some places, it may seem like a smaller issue, the truth is that in the UAE it is a potential harm against an individual and there are regulations about it in the penal code.?

But first, it is important to learn what it is.?What are false accusations? These are incorrect statements or wrongful accusations against a person. Basically, it is an allegation that is misleading or intentionally fabricated.

?

False accusations?can lead to defamation, and this can be even more serious. Defamation is when a false accusation has the purpose to harm the reputation of a person. For this reason, it is important to understand?the UAE Arbitration Law.??

In this case, according to the?false accusations law in UAE, the classification for defamation is the following:

• Libel: it refers to a published or written statement. For instance, false allegations that are in images, documents, comics, billboards, and even exhibited are libel.?
• Slander: it refers to verbal false allegations or comments. For instance, verbal abuse and misleading statements are slander.?

Legal Consequences and Penalties of Filing a False Complaint in the UAE

Although false allegations can have legal consequences, there are many reasons why people decide to make them. For instance, some of the motivations may be the following:

• Revenge
• Seeking attention
• Avoiding liability
• Mental illness
• Coercion

In any case, the person who is a victim of a false report can?file a case for false accusations. Thus, the people can use legal resources to proceed if they consider it harms their reputation.?

For this reason, some of the legal consequences for a person who is harming another by making false allegations are the following:

• In the case of libel, the person can receive a punishment of imprisonment for up to two years or a fine of up to AED 20,000.
• If the libel is against a public official to damage the honour of the person, the punishment is also imprisonment or a high fine.?
• Making demeaning comments or remarks can lead to imprisonment for a year or a fine of AED 20,000.
• In the case the slander is against a public official, the imprisonment sentence can be for up to two years or a fine that is no less than AED 20,000.
• For a person who made statements that were false or misleading over the phone or in front of the victim and others, the imprisonment can be for up to six months or a fine that does not exceed AED 5,000.
• If the person makes a false comment about the victim but not in front of others or sends it as a letter to the victim, the fine may not exceed AED 5,000.??

Legal Dangers of False Accusations

As we have explained above, making a false statement about a person involves facing legal consequences. Furthermore, it is important to understand the?legal risks of false accusations.?

Some of the dangers of making a false allegation are the following:

• Fines or imprisonment sentences, in worst cases, according to the UAE Law.
• Possibility to open up civil liability due to damages for defamation.?
• The person who is wrongly accused, under certain conditions, can pursue criminal charges.

In addition, the victim can pursue?compensation for false accusations. So, in any case, facing a legal issue like this can be a cause of severe stress for all the persons involved. Therefore, it is important to watch out for everything that you say or write about a specific person.

Otherwise, you may be facing legal consequences that could give you trouble with immigration, make you lose your professional license and many more.?

Criminal charges

According to the?criminal law in the UAE, defamation can have criminal charges as a consequence.?

Depending on the severity of the case, the person who makes defamatory statements can face some serious legal consequences such as the following:

• Imprisonment for 6 months and up to two years.?
• Fines that range from AED 10,000 up to AED 30,000.

It is worth noting that the severity is according to the law, so the criminal charges can vary. Thus, it may range from just paying a fine, up to facing time in prison and in some cases, both.?

Immigration consequences

Non-citizens face a particular danger if they are making wrong accusations about a person. According to the law in the UAE, if the expat is under a Visa, and makes a false statement about a person, depending on the severity, he or she may face deportation.?

Therefore, it is crucial for foreigners to know how to adapt to the culture and to avoid making statements that can be considered misleading. On the other hand, if you think a person has accused you, you can always look for a lawyer to support you.?

Keep in mind that to solve immigration issues, you need to consider the?immigration lawyers’ fees in Dubai.?

Loss of professional licenses

In the case of a person working in the UAE under a professional license, they should be aware that one of the dangers of making defamatory statements is that they could lose their license.

Be aware that obtaining a professional license in the UAE can be a difficult process. For this reason, you cannot risk yourself losing it by making a wrong claim about another person.?

According to the law, one of the punishments you can face for defamation is the loss of a professional license. Once again, this depends on the severity of the act.?

Difficulty finding housing

Finding a place to live in the UAE may not be as easy as you think when you are accused of defamation. If you make a false allegation about a person, and that person takes you to court, you will now have damaged your reputation.

And, if you are punished with imprisonment or a fine, this will show in your criminal record. Some tenants may request a police clearance certificate before renting a place. Therefore, if your certificate is not clean, you may not be able to rent it.?

Difficulty finding employment

Similarly, when it comes to finding employment, you also have to submit your criminal record. And if you are punished for defamatory reasons, then the employer may not want to hire you.

Keep in mind that there is a huge risk for employers when it comes to hiring an individual. This is because when an employee makes a defamatory claim using the office space or platform and then they are accused, the employer is the one who will be facing judicial proceedings.?

Therefore, employers have to consider carefully who they hire and take the following measures to avoid facing issues with their employees’ actions:

• Instruct guidelines and restrictions when using their platforms and social media at work.
• Inform about the legal measures that the employer can take against an employee who has committed defamation.

Law for False Accusation Leading to Defamation Case in UAE

Just as there are?UAE trademark laws and rights, there are also laws for?false accusations?that lead to defamation.?

For instance, if a person is a victim of a false accusation, and that statement is harmful to their reputation, then they may start a defamation case in the UAE. Thus, according to the law, they have the right to file a lawsuit against the entity or person who made the false statement.

According to the process to follow, the defamation case belongs to the civil court or criminal court, depending on the unique circumstances of the situation.?

Thus, if a person wants to start a defamation case, they have to do the following:

1. First of all, it is necessary to seek legal advice. Hiring an experienced lawyer can help you go through every stage smoothly.
2. The next step is to gather evidence, either through eyewitness accounts, audiovisual, etc. to strengthen the case.
3. File the police report as it is mandatory when it comes to defamation cases.
4. File the civil case against the person who made the defamatory statements.
5. Attend the court hearings and present the evidence. In this case, it is advisable to have a good lawyer.
6. Receive the judgment. If you are found in favor, you can receive the pay for damages or the defendant has to retract the defamatory statements.?

Laws Regarding False Accusations and Reports in the UAE

The UAE Criminal Code has several provisions that address false allegations and defamation and what to do.?

Some of the conducts that are punished in the law are the following:

• Causing damage to a person’s reputation and extending hatred through false assertions.
• Making false statements or providing wrong information to UAE Authorities
• Making false reports to the police

In this regard,?the best lawyers in Dubai?help individuals with the law regarding false accusations.?

Article 266 – Submitting False Information

In Article 266 of the UAE Penal Code, it is stated that the person who makes?false accusations?or provides false information knowingly, will have to face imprisonment and this can be for up to 5 years.?

Articles 275 and 276 – False Reports

According to Article 275 of the UAE Penal Code, a person cannot falsely report to the Authorities about a crime, accident, or danger that has not been committed. In this case, the person will have to face imprisonment for up to 6 months or will have to pay a fine, or both.?

Furthermore, Article 276 of the UAE Penal Code goes on to state that a person can face imprisonment, pay a fine, or both if they make the following:

• A false report or accusation about somebody committing a crime that has not occurred.
• Fabricates evidence against somebody to falsely accuse them.
• Causes the authorities to take legal action against a person who is innocent

If an innocent person is facing a penalty for being wrongly accused, then the person who falsely accused them will have to face the same inflicted penalty.?

Defamation Charges

In some cases, the person who is a victim of?false accusations?can?file a civil case in Dubai.?

Thus, if a person accuses somebody of committing a crime that they did not commit, then the victim can proceed with civil liability. Thus, this can result in additional penalties for the person who is wrongly accusing the other.

So, taking this into account,?how do you defend yourself against false accusations? You need to have expert lawyers advising you on which steps to take. They ensure that you, as an innocent individual, have the necessary protection and safeguard your legal rights.?

Elements of False Accusations

Even though an allegation may be false, how can the law enforcement officials know it? They have to do a thorough investigation. Thus, this can be even more harmful to the person wrongly accusing the other, as they are squandering police resources that can be used for other matters.?

For this reason, the law classifies?false accusations?into three types, according to the following:

• When the events did not occur: the person making an accusation that is related to a report about something that did not happen.
• Mistaken identity: when the wrong person is accused of an incident that did occur.
• When the events are misrepresented: the events did happen but the accusations are taken out of context or misconstrued.?

Final Thoughts

False accusations?in the UAE involve a major risk since they can end up in criminal charges. For this reason, you need to be aware of every statement you make to ensure you avoid legal issues.?

In this regard, it is advisable to have expert lawyers?who provide valuable insight into the law.?Contact us?now if you have any doubts about how to proceed legally.?