Penalty for the crime of false reporting/ complaint in the UAE. ????? ????? ?????? ?????? ?? ????????.

It comes among the modern and advanced legislation issued by the United Arab Emirates recently, Federal Decree Law No. 31 of 2021 issuing the Crimes and Penalties Law, as it is considered one of the important and main laws in the state such as the Civil Transactions Law, the Personal Status Law and many other laws and resolutions that work on the smooth conduct of transactions and the guarantee of rights. Moreover, it is one of the main goals sought by the UAE legislator from issuing criminal laws in general is to strengthen and enhance security and public safety in the United Arab Emirates. We also find that the UAE Crimes and Penalties Law came to include all crimes that may be committed with a detailed statement of their penalties. In details, it is worth mentioning what the Public Prosecution in the UAE is doing by publishing awareness tweets to the public through its accounts on social media regarding the types of these crimes and the amount of penalties imposed on their perpetrators to enhance the criminal legal culture/ awareness among members of society with regard to the legislations developed/ updated in the country/ UAE. ?In addition, the Public Prosecution, in its latest tweets, indicated the penalty for the crime of false reporting, according to the new UAE Crimes and Penalties Law, which is one of the most time-consuming crimes and disrupts the course of justice in the Emirates.

As the accumulation of false reports/ complaints before the Public Prosecution and the judiciary has become a phenomenon that causes disruption to the progress of the most important cases, which leads to slow litigation and the difficulty of achieving prompt justice, especially since some of the submitters of these false reports/ complaints submit them to the Public Prosecution in order to defame others, accordingly, it became necessary to address for this phenomenon, and to punish those who submit such complaints/ reports that have no legal basis/ support, which are often submitted for the purpose of settlement of rights among them .

Here, it is worth noting that the main goal of committing the crime of false reporting is usually with the intention of harming/ damaging the person who was maliciously reported, and for this reason the UAE legislator was keen to punish those who dared to exploit and misuse the right of reporting to the public authorities by being able to attack any person unjustly and disrupt the course of justice.

Where the Public Prosecution indicated in its tweet that, according to the provisions of Article 324 of Chapter Five of the Federal Decree-Law No. 31 of 2021 issuing the Crimes and Penalties Law, any person who reports to the judicial authority or administrative authorities, accidents or risks which do not exist at such time or contrary to the truth or who reports a crime knowing that it is not actually committed, shall be liable to a jail sentence for period not exceeding six (6) months and a fine or either one of these two penalties.

The Public Prosecution also referred to Article 325 of Chapter Five of Federal Decree-Law No. 31 of 2021 by issuance of the Crimes and Penalties Law, which stipulates that any person who, with bad intent, makes a false report to the judicial authority or administrative authorities, accusing a person of committing a matter which requires criminal or administrative punishment, even if such matter has not resulted in instituting the criminal or disciplinary action, and any person who creates material evidence to accuse a person of committing a crime contrary to the truth or causes legal proceedings to be initiated against a person knowing that he is innocent, shall be liable to a jail sentence and a fine or either one of these two penalties;?A jail sentence and a fine shall be imposed in the two cases if the fabricated crime is a felony. If the false accusation results in a conviction with a felony punishment, the false accuser shall be sentenced to the same penalty imposed thereof. ??

Perhaps it is useful to mention that the crime of false reporting/ complaint in the UAE is originally an intentional crime, which consists of a material element and a moral element, so that the material element of the crime of false reporting/ complaint consists of the act committed, which is represented in reporting an order that is contrary to the truth or false about an incident punishable by law. As for the moral pillar of the crime of false reporting/ complaint, or which is also known as criminal intent, there must be two intentions available in that crime. The first intent is a general / common intent, which is represented by the perpetrator’s knowledge that the incident or news is false and fabricated, and the other intent is a specific intent, the main objective of which is the direction of the offender’s will to harm the victim or tarnish his reputation, and in other words, the intention of the perpetrator of the crime to harm the victim.

Furthermore, if the perpetrator falsely reports to the authorities, with ill intent, that the victim has committed an act punishable by law, and if it is proved with certainty that this report/ complaint is false, then the perpetrator in this event has committed the crime of false reporting and shall be punished according to Articles 324 and 325 of the UAE Crimes and Penal Code. In addition, the victim of the false reporting crime is also entitled to claim compensation from the perpetrator for the material and moral damages incurred thereof.

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