article 378 of the uae penal code

Hundreds of thousands of…, The enactment of penal laws requires an initial policy determination as to (1) those social and individual interests which should be protected by the criminal processes and (2) the kinds…, Role of Forensics In Criminal Investigation in the UAE Article 356 - extra marital consensual sex, adultery. List of laws often searched for in the UAE. Based on this constitutional text, the Federal Legislator of UAE passed the Penal Code pursuant to Federal Law No. Article 378 of the Penal Code, which was last amended by Federal Law No 34 of 2005, explains when somebody is violating the law. /Img1 235 0 R 34 of 2005, reads as under: The increase and trivialization of devices, models and means of recording, capturing or retaining private moments or familiar scenes has originated, to the same extent, an increase of violations of this article of the penal code. >> /Count 77 Federal Law No. Article 399 of the Penal Code has imposed criminal liability on a person who has deceived someone in order to obtain a property, document or a signature on a document. >> endobj (1) of 1972 Concerning the Functions of the Ministers, the Powers of Ministries and the laws amending it,. ��m��m�m�Su�zv��.��OpP�����7��R��{3�#F��'�o1�T�@�"O�v��� #�-���r��%��[g��O��u'���څw00Ъ���H'���2Q����S �Z��*�k�c���-&� Continue reading this interesting article to understand the nuances and legal effects…, I'm sure someone has told you, "I have an idea"! �D��� �Z��O�#��=k�� �����p(@�]�B����/�c%_�X���#�N�iY�psW�:�[-6��7�ei�v�d���CJ�&�o���&�J& (vT�P�ڼ.���ś ��8���y�7�e���XW�W��:�P���oo��N��E,̩�a������R!M�ԫ��%i�����PT��ψ{5�^�Ȯ�z��M�*vo�V�{+M+�;V�ys�� �wRZ0�\�PkQ��VA� Back in 2014, a worker was arrested for having recorded a video with his mobile phone a traffic accident that killed 13 people involving a bus. 2 0 obj The Firm has a presence across the UAE and its branch in the Emirate of Abu Dhabi (regulated by Abu Dhabi Judicial Department). /F2 240 0 R Article 380 of the Penal Code provides that anyone who opens correspondence without the consent of the intended recipient, or overhears a telephone call, also commits an offence. /Filter /FlateDecode The latter was detained by police and charged with violation of privacy. Under UAE Laws, the use of CCTV is still relatively unregulated yet a person's right to privacy must be considered when installing CCTVs. /Type /Catalog STA Law Firm Limited is a company incorporated pursuant to Abu Dhabi Global Market Companies Regulations.                                                                                                                                                                                …, Register your Email ID to subscribe to Court Uncourt. x^�][�m9m~�_я@�����-H�r�2UT^a�@fr�¯ϲd/���y�ٝ��j���˖dI�d�˗��|�bn�����?�#�������~���~�m���W�_��e���ȯ��b��x3���~�;?��;���?�s����g/���y5�V��g���P��l]����W�;���l����o�5�[���}z���7_?���>{��R��f�{�����֗r���� >��ԭy�n�e���Ws])�� ����|ߟ�������lf�j�[~��/�������͘��:_g��ݺL��'�g��[�t�Ϫ��f� /Type /Page S�-����li:e���t��2m� �P��;�Te��&. Can you please advise me on what…, “Fraud and deceit abound in these days more than in former times”1  3 of 1987), there are a number of offences listed that includes a number of defamation and privacy offences. w~�UOZ� ��7��t> ��*PxW5� T�5�B1���@xӑ����¥( \V.K �9��Er�i�C��ъX-8-t�Z���\���ʟn8m�4��&�! Such probative effect is restricted to the facts necessarily determined for the purposes of passing judgment therein, with regard to the occurrence of the physical act forming the basis of criminal liability, its legal description, and the attribution thereof to the doer.”1, Law on Artificial Intelligence and Robotics (8), Law on Consumer Protection in Dubai and UAE (1), Laws surrounding Aerospace and Aviation (13), Trademarks - Registering Colour Marks (7), Travel ban vs. Deportation order - UAE Criminal Laws, Tenancy Law of Abu Dhabi and its Amendments, New UAE Commercial Companies Law: Detailed Insight and Review, Bail Fail? STA Legal Consultants FZC is incorporated pursuant to applicable federal and local laws of Ras Al Khaimah. ���O�i�U@TC-��&�/ԙP�f����e ���Ta���z� ���~bO��.$pmu#�n����=R ��S rX;�K�9T����� �?=}��@�C�Y��e��Y䝽�7��D�&�>�`�\��LP(��:�3���+�GXW����?ǺRC�AZe@�u����׍�t�V5�b]9��`���x1+́�+����j��_��n�B�ϰZ�����* �����f�!��П����� � �+9�ru�4B��i0g$4�]*Hે�ʫ�F� J�wrmC?��$4��U�>�����z��l�俲S��M�~����ؘ���a(���]�0��n`�Ajo�� ���4A��S�-�_ad��|��}�9U�:����s_yd\�-��"�Y�x������Z���1T����c=���Uh�M,�eV0(cRX�0�b8�;A�B��)%%�nWE�b� Z���a�?�d������}��5�F`&�bh���F �ir�B+�V��[5V't�u���i����A�J���Z]��c�S $�+�V����(���^R��m�+�����5��Z�-H��e��_b��4�wG�I#*���H�;h������f�5��t���U�t�rVO*K� Article 10 The aims of the Union shall be the maintenance of its independence and sovereignty, the safeguarding of its security and stability, defence against any aggression upon its The United Arab Emirates Penal Code was amended with effect from October 29, 2016 to outlaw the copying, distribution or disclosure of information that a person obtains in the course of their employment. (9) of 1976 Concerning Juvenile Delinquents and Homeless, It is important to note that, in fact, in both cases recordings would not be admissible as evidence against the offender in court - it should be stated that the law prohibits the record of sound or image of a person without his consent or without legal authorization. We, Zayed Bin Sultan, President of the State of the United Arab Emirates, Having taken cognizance of the provisional Constitution,. ), indecent acts. (3) of 1987 of the Penal Code as amended by Federal Law No. /Kids [ 3 0 R 6 0 R 9 0 R 12 0 R 15 0 R 18 0 R 21 0 R 24 0 R 27 0 R 30 0 R 33 0 R 36 0 R 39 0 R 42 0 R 45 0 R 48 0 R 51 0 R 54 0 R 57 0 R 60 0 R 63 0 R 66 0 R 69 0 R 72 0 R 75 0 R 78 0 R 81 0 R 84 0 R 87 0 R 90 0 R 93 0 R 96 0 R 99 0 R 102 0 R 105 0 R 108 0 R 111 0 R 114 0 R 117 0 R 120 0 R 123 0 R 126 0 R 129 0 R 132 0 R 135 0 R 138 0 R 141 0 R 144 0 R 147 0 R 150 0 R 153 0 R 156 0 R 159 0 R 162 0 R 165 0 R 168 0 R 171 0 R 174 0 R 177 0 R 180 0 R 183 0 R 186 0 R 189 0 R 192 0 R 195 0 R 198 0 R 201 0 R 204 0 R 207 0 R 210 0 R 213 0 R 216 0 R 219 0 R 222 0 R 225 0 R 228 0 R 231 0 R ] Similarly, in line with the discussion in above paragraphs the legal regime of protecting privacy intrusion through CCTV is covered by mainly two legislations- firstly, Article 378 of the Federal Law Number 3 of 1987 of UAE Penal Code (the UAE Penal Code) as amended by … UAE Law No. >> /Font << • The penalty specified in article (274) of the UAE Penal Code, Federal Law No. /PageLayout /SinglePage Article 379 of the UAE Penal Code allows for the use or disclosure with the consent of the person to whom the secret pertains. 3 of 1987 (the code was passed on December 8th 1987, published in the official gazette on … The first question regarding the prohibition contained in Article 378 of the Penal Code and the penalties stated is explained essentially by the need of protection of the right of private intimacy of each person. b. to take or transmit by any device of any kind whatsoever a photo of a person in a private place…” If such acts as set forth in the preceding cases during a meeting in front of those present at the meeting, the consent of such persons shall be presumed. According to Article 378 of the UAE Penal Code, taking photos and videos of people without their consent is invading their privacy. %PDF-1.5 /PageMode /UseNone (1) of 1972 concerning the functions of the Ministers, the powers of Ministries and the laws amending it, Article 250 of the UAE Penal Code - impersonating public officials? In fact, and being something that can be considered an evidence against another crime perpetrated by the interlocutor, the holder of the recording or photography will try to use it to his favor, unaware of the possible consequences. From the layman’s point of view, it might be difficult to explain two key points related to this topic: the first question would be why is eavesdropping, recording or transmitting not permitted or why is it considered a crime; and the second would be the reason why the recording can’t constitute an appropriate mean of proof. >> - harrassment (sexual, and/or against females only? By doing so – recording the call without the other party’s consent or legal authorization (that has to be given by Public Prosecution, in advance, which in most cases is not easy to obtain), incurred the crime of breach of private life and was, eventually, convicted for the same. The Firm’s trademark and intellectual property is assigned in favor of the affiliates for all purposes in accordance with the assignment agreement. No official English translation of Article 257 is available. means – apparently – the Penal Code and special criminal laws. /Img2 236 0 R The camera in such circumstances will be confiscated and the recordings destroyed, but the photographer maybe has to pay a fine. According to Article 378 of UAE Penal Code, taking photos and videos of people without their consent is invading their privacy. .n�M���d ���&�ނV)֍4С� Article 378 of the Penal Code, which was amended by Federal Law No. Under article 340 of the Penal Code abortion is illegal in the United Arab Emirates except where a woman's life is at risk or the unborn child has a genetic condition that will prove to be fatal. Liabilities of Bail Guarantor under the UAE Criminal Law, The Law Surrounding Eavesdropping, and Privacy, Extension of Time in Construction Contracts, Implications of Bounced/Dishonoured Cheques under UAE Law, Key Decisions on Dubai Property Laws between 2009 and 2013 by Dubai Court of Cassation, ADCCAC - The Abu Dhabi Commercial Conciliation & Arbitration Center, Vessel Arrest - Overview of Dubai and UAE Laws, Att(H)ack - Anti Cyber Crime Law in Saudi Arabia, Registration and Importation of Pharmaceuticals in UAE. “A person shall be punished by detention and the fine if he prejudices the privacy of the individual or family life by committing any of the following acts other than in the events as permitted by law or without the consent of the victim: a. to eavesdrop, record or transmit by any device of any kind whatsoever conversations in a private place or by way of telephone or any other device. /F6 252 0 R 52/2006 dated 14/12/2006. /F1 237 0 R The United Arab Emirates have repealed the potential criminal liability for arbitrators under the controversial Article 257 of the UAE Penal Code. Minister: Minister of Social Affairs. I went to a restaurant last week with my family. The case went to the court of the first instance, where defendant girl failed to prove the consent given to her for posting such picture and was held liable for the crime and was sentenced under Article 378 of UAE Penal code for violating someone's privacy. This however may affect personal or private matters of others. Hence, in the first case by recording the conversation, or in the second by recording the video,  and even if they evidence crimes, those who made it used illegal and unlawful means, and therefore, should not constitute or be accepted as a legal mean of proof in one hand, and in the other should originate a criminal action against them. /F4 246 0 R “Fingerprints cannot lie, but liars can make fingerprints. << And it should be noted that most of the times the person who commits the crime does not know that he is participating in a criminal offense that can lead to detention and fine in addition to the ever-present possibility of a civil action for damages and compensation. Article 378 (and 379?) 1 0 obj Article 257 is an amended provision of the UAE Penal Code that exposes arbitrators and experts (amongst others) to criminal sanctions for failing to perform their duties. Federal Law No. Article 359 (and 358?) Lord Coke could have been talking just as easily about the modern day. Further, Article 378 of Federal Law No. In October last year, Dubai introduced the new ‘data law’ which will allow the sharing of information between public sectors and for the benefit of the private…, Q1. /F5 249 0 R /Length 9163 Article 378 of the UAE Penal Code clearly states that taking a person’s picture without their consent is considered an invasion of that person’s privacy. 7/2016 dated 18/09/2016, and became as follows: /XObject << Federal Law No. 來�I�P� ��˾N��� e�u:tU�k8�M��w�C$2��sM�@�M3A���T-����aq��gR� ���י������ � Article 344 - kidnapping. >> “Don’t talk whilst your mouth is full”. 3 0 obj 4 0 obj The case is now presented in the court of appeal, and the judgment is still pending. endobj The Dubai Court of Cassation in Case 67 of 2007 (decided on 20 May 2007) has held that. �5�b� C6>� �� The United Arab Emirates, although is relatively newly regulated legal market, has witnessed a considerable number of violations of this penal code article – the huge amount of available technological devices leads to an obvious increase of situations in which private intimacy is breached, through recorded telephone calls, in-person conversations recorded by video capturing sound and image, that later will be used or published without consent of the victim. /Parent 2 0 R Firm’s Luxembourg and Moscow offices are regulated by the jurisdictional regulations. If the publication involves news, pictures or comments related to the secrets of the private or family life of persons even if they are true, the punishment shall be detention for a period not exceeding one year or by a fine not exceeding ten thousand dirhams, or both (Article 378, UAE Penal Code); finally, you may also be punished by detention for a period of at least three months or by a fine of at least five … It is also important to refer that, in its last paragraph, the article 378 of the Penal Code also states that “the devices and other objects that may have been used in perpetrating the crime shall, in all cases, be confiscated and an order shall be given to erase all relative recordings and destroy the same.” /Pages 2 0 R /Resources << In 2013 a similar case was reported by the media: a situation where the physical attack of a driver by a government official was filmed by another driver, whom later uploaded the video on Youtube. A woman who is found to have undergone an elective abortion may face a penalty of up to one year in prison and a fine up to 10,000 AED. /Contents 4 0 R Therefore, to mitigate against the risk of a breach of Article 379 of the Penal Code it is generally advised to obtain such consent prior to the use or disclosure of personal data. Virtue of Article 257 is available provisional Constitution, Functions of the.! Cognizance of the person to whom the secret pertains i went to a restaurant last week with family... The case is now presented in the court of Cassation in case 67 of 2007 ( on! Translation of Article 1 of Federal Law No Union Capital is complete, Abu Dhabi Global Market Companies.! S trademark and intellectual property is assigned in favor of the State of the State of the for. Decree-Law No defamation and privacy offences 356 - extra marital consensual sex, adultery 1. 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