His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE, issued a Federal Law No. (24) of 2018 amending some provisions of Federal Law No. (3) for the year 1987 regarding the issuance of the Penal Code, published in the latest issue of the Official Gazette.
Article (1) of the decree stipulates that the provisions of Articles (82), (201) (9), (225) bis, (234) and (257) of the Federal Law No. (3) of 1987 shall be replaced by the following provisions: :
Article (82): "The court shall rule upon the conviction of the confiscation of confiscated items and assets used in the crime or used in the crime, or were the object of, or obtained from, the crime, without prejudice to the rights of third parties.
If the said items are those whose manufacture, use, possession, sale or sale is a crime in itself, the confiscation order shall be made in all cases, even if the objects are not the property of the accused. If any of the items or funds provided for in paragraph 1, The court sentenced a fine equivalent to the time of the crime. "
Article (201) bis (9) states that: "Notwithstanding the provisions of Article (201) bis (6), the Court shall, at the request of the Attorney General or on its own initiative, commute or replace the penalty with a fine of not less than 100,000 dirhams, 10 million dirhams, or exemption from, those who brought the perpetrators to the judicial or administrative authorities with information relating to any crime that threatens the security of the external or internal state or crimes that are considered crimes against the security of the state in other penal laws when this has resulted in disclosure or For the perpetrators or to prove them or to arrest one of them ».
The Public Prosecutor alone shall have the right to request the Court before which the case is brought before it, to enforce the provision of the preceding paragraph in other than the cases provided for therein, if the request relates to the supreme interest of the State or any other national interest. Issued prior to implementation or during implementation.
Article 225 (b) states: "Every public official who has obtained or attempted to obtain for himself, or obtained or attempted to obtain, without a right, a profit or benefit from the work of his job shall be punished by provisional imprisonment."
Article 234 states: "Any public official, public service officer, foreign public official, or international organization employee shall be punished by provisional imprisonment either by requesting, accepting, taking or promising, directly or indirectly, an undue gift, privilege or grant, For the benefit of the employee himself or for another person or entity, or other establishment, in exchange for performing, refraining from or violating his duties, even if he intended not to act or to refrain from doing so or to breach the duties of the job or to request, Or breach of duty. "
Article 273 states: "Any person who has promised, offered or granted to a public official, a public service officer, a foreign public official, or an international organization official to be given an undue gift, privilege or grant shall be liable to imprisonment for a term not exceeding five years. Directly or indirectly, whether for the employee himself or for another person or entity, in exchange for the performance or failure of the employee to perform his duties. "
Article 257 states: "Any expert, interpreter or fact-seeker appointed by the judicial authority in a civil, criminal or administrative case shall be punished by imprisonment for a period of not less than one year and not exceeding five years, and shall be proven contrary to truth and misinterpreted with the knowledge of his truth."
The penalty shall be provisional imprisonment if the assigned mission is related to a felony, and the said categories shall not be allowed to assume the functions entrusted to them again. The provisions of Article 255 of this Law shall apply to them.
Article (2): Add a new paragraph and articles with the following: 170 (second paragraph of Article 225, 235, 236 and 280), to the Federal Law No. (3) of 1987 promulgating the Penal Code, (170) that it is considered a secret of the defense of the State of the first: military, political, economic, industrial, scientific, security and social security or other information that is not known by nature only persons who have the status of that, which requires the interest of the State to remain secret on the Other than them.
Drawings, maps, designs, photographs, coordinates, and other things whose disclosure may reveal information from what was mentioned in the preceding paragraph, which requires the interest of the State to remain secret to those who are entrusted with keeping or using it.
And thirdly, news and information related to the armed forces, the Ministry of the Interior, the security services, their formations, their movements, their equipment, their supplies and their personnel, and other matters affecting military affairs and military and security plans, unless written permission is issued by the competent authority to publish or broadcast it.
And fourthly, news and information concerning the measures and procedures taken to detect the crimes set forth in this chapter and the seizure of the perpetrators as well as news and information concerning the conduct of investigations and prosecutions if the investigating authority or the competent court prohibit them from broadcasting them.
Article (255) of the second paragraph provides that the penalty and imprisonment shall be for a period of not less than five years if combined with or associated with the crime of forgery or the use of a false editor or a forged image of an official editor inseparably.
Article 235: Any public official, public service officer, foreign public official, or international organization employee shall be punished by provisional imprisonment either by requesting, accepting or taking directly or indirectly a gratuity, benefit or grant in favor of the same employee or in favor of another person or entity or An enterprise in return for performing an act that is believed to be wrong or is alleged to be a function of his or her function.
Article (236): In the application of the provisions of articles (234) and (237) of this law, arbitrators, experts and fact-finding experts shall be deemed to be in the judgment of the public official within the limits of the work assigned to him.
Escape from electronic surveillance
Article 280 bis states: "Anyone who has been placed under electronic surveillance by a decision or a sentence and who escapes the surveillance imposed on him shall be punished by imprisonment for a period of not more than two years. Anyone who has been placed under electronic surveillance under a resolution or A judge shall, by any means, disable or obstruct the remote control apparatus, which allows him to know where he is or is absent from the place of residence specified in the decision of the Public Prosecution or the competent court, as the case may be.
The penalty shall be imprisonment for a period of not less than one year and a fine of not less than AED 20,000 and not more than AED 30,000 if the act stipulated in the preceding paragraph results in total or partial destruction of the electronic reception and control apparatus.
• 5 years' imprisonment for a public servant who has an undue gift, privilege or grant in return for a breach of his job duties.