Criminal Case Proceedings Step 1: Filing of a complaint at the police department The bearer of the returned cheque can file a complaint with the relevant police department. Will he continue to be in jail for the civil case? I read that a civil case must be filed within three years from the date a police case was lodged. And it is the cardholder's (not the bank's) responsibility to claim against an active credit shield. The notion travel ban or deportation is used common parlance in UAE and can be imposed on various grounds such as, as a consequence of a criminal act, violating immigration laws, unpaid debts, under a civil claim. is a Senior Partner of HHS Lawyers in UAE. Either that, or our understanding of what it says about signing security cheques is wrong. Answer: For the purposes of relevance, Cyber Crime Law no 5 of 2015 does not define what constitutes cybercrime. In fact, the calls you've started getting now are probably because your outstanding dues have been rolled over to a new debt collection agency or the lender is now using more aggressive ways to recover old debts. The court of cassation's civil department in Dubai dated 1 February 2011 in appeal number 122/2010 domestic relations adjudicates that: "The trial court is authorized to assess the seriousness of the opponent's request to transfer the case for investigation, admit it or decline it. The United Arab Emirates (UAE) has Islam as its official religion, and the federation regards blasphemy as a very serious matter. However, it is worth noting that these acts are not considered a crime except in the case of the combination of the criminal act with the criminal intent, and the latter means the intention of the perpetrator of the act to inflict material harm on the complainant. There are limitation periods in UAE Law and these vary depending on the type of claim and legislation applicable and in a situation such as this can be either 10 or 15 years. The law states that the party cannot file a criminal complaint upon passage of limitation period and the public prosecutor has the authority to reject the case due to … The punishment for fraud can range from 1 month to 3 years in jail although in a case of fraud against a government institution, that punishment could be … When the beneficiary of a bounced cheque files the initial complaint in the police station against the issuer, the case is forwarded to the public prosecution and then to the criminal court. The cheque is considered payable as of the date written on the cheque, i.e. A criminal case bears a penalty of either a jail term or an imposed fine. Regarding the legality behind when and under what circumstances a bank can file a civil suit against a borrower, it is understood that under UAE Civil Law, lenders in the country are allowed a period of 15 years to legally recover a debt. At this point, as the debtor, you are still expected to continue repayments and settle the financial obligation. Fraud and breach of trust, in this article, refer to the offenses of fraud, embezzlement of immoveable property as defined in articles 399 and 404 of the UAE Federal Law No. Guide to Punishment of Crimes of Theft in UAE. What is the role of public prosecutor in the criminal proceedings of the bounced cheque? And the cant do anything until and unless you return to UAE. A reader asks if they need to file a civil case to have medical bills covered in a car accident and another asks about the punishment for cybercrime Unlike other countries worldwide, the laws of the United Arab Emirates ("UAE") allow for criminal penalties to be imposed on those persons drawing bounced cheques. A: If a judgment is passed in a civil case and an execution case is extended against him, the period of imprisonment will exceed 36 months… When combined with a civil complaint for damages, this is an extremely useful tool for those who have fallen victim to white-collar crime. Under UAE law, a criminal complaint can be made against an individual for libel and slander under Articles 371 to 380 of the UAE Penal Code (Federal Law No. When a cheque is returned, the drawer’s inability to pay it is proven through a statement from the bank, and the bank may not reject the request to issue this statement, but it can request a period not exceeding three working days after submitting the cheque to communicate with the drawer. Earlier cheque bounce used to be a criminal offense in the UAE, but recent changes in the law have made cheque bouncing a civil offense. The drawer is allowed to immediately settle the matter by paying the value of the returned cheque to the complainant. Q: Someone I know is serving a criminal sentence for 3 years for fraud. In general, the UAE Civil Law limits the debt recovery period to 15 years unless a specific provision indicates otherwise. However, in the case of excessive penalties, a court may order the fines to receive a reduction. The site is best viewed on Internet Explorer 11 and above, Firefox, Safari and Chrome Page last updated on 19-01-2021 Usually the payment of a fine is just part of the process and so the bank has continued to add interest and possibly late payment fees in accordance with the terms and conditions of the credit card. Upon the completion of the court assessment of the case and establishing grounds against the issuer of the bounced cheque, the Court may order to pay a penalty and/or serve a jail term. In cases of separation or divorce for UAE expatriates, ... A key change with the penal code in the recent announcement was the scrapping of the article which allowed a reduced punishment for an honor crime. In a criminal case, the police or a prosecutor brings the charges and the accused faces either a fine or prison sentence as punishment. The UAE has a lot of very strict laws that expats often would not expect, but also impresses with a rather low crime rate. Left holding the mic: will shareholders still love Twitter and Facebook? However, serving detention or paying a fine does not mean that the debt is cleared, rather it only negates the criminal act of issuing a bounced cheque. UAE legal Q&As: must a civil case be filed to have medical bills from a car accident paid? Capital punishment presented to man who kidnapped, ... Al Mazmi had earlier lodged a civil lawsuit in which he is seeking Dh21,000 in temporary compensation against his clients’ emotional and moral damages. Credit shield is an insurance plan offered by some banks and is supposed to cover debt repayments in specific circumstances, such as death, permanent disability and loss of employment. While my husband is earning, his salary goes towards the debts he has: a loan (Dh207,196) and two credit cards (Dh5,000 and Dh18,000) with a total outstanding amount of Dh230,196. UAE incorporates hudud crimes of Sharia into its Penal Code - apostasy being one of them. 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