The Ras Al Khaimah Criminal Court has heard today the case of accusing an Asian employee of a Gulf employee accused of recording conversations in a private place, and assaulting the privacy of others. The prosecutors accused the first and second defendants of using information technology to attack the privacy of the victim in cases other than those legally authorized by disclosing the conversations. Audio materials and sent to others through the program WhatsApp.
The Public Prosecution has demanded that the accused be punished in accordance with article 378 of the Federal Penal Code, which states that anyone who assaults the privacy or family life of individuals shall be punished with imprisonment and a fine by committing one of the following acts in cases other than those legally authorized or without the consent of the victim: Anyone who has enslaved, recorded or transmitted through any organ of any kind whatsoever talks held in a private place, by telephone or any other organ, and has demanded that the accused be punished in accordance with the provisions of article 21, paragraph 1, of the Law on Combating Information Technology Crimes, which stipulates that it is punishable by Duration A minimum of six months and a fine of not less than one hundred and fifty thousand dirhams and not exceeding five hundred thousand dirhams or one of these penalties: Anyone who uses an information network, an electronic information system, or an information technology means to attack one of the privacy of a person other than a person Any person who has stolen, intercepted, recorded, transmitted, transmitted or disclosed conversations, communications or audio or visual material shall
The first defendant admitted to the court the charges against him and stated that he recorded the conversation with the victim because of his name in Arabic, and that he sent the recording to the second defendant in order to translate the conversation into Asian to find out why the victim spoke about his name during The second defendant confessed to the charges and told the court that she did not know the punishment for her act.He continued to work on a team and that she forwarded the recorded conversation to someone else for translation because she did not know the Asian language.
The defense lawyer for the first defendant, Kamel al-Sayyed, pointed out that the criminal intent of the crime did not exist because his client did not contradict the stages of the investigation and that the material and moral elements of the crime were not available and the special sanctity of the victim's complainant was not violated. , And acquitted his client of the charges against him.
For his part, defense lawyer for the second accused, Jaber al-Jundi, to exclude the application of the law against information technology crimes from the case because they do not match the facts in question, as the program WhatsApp does not apply to the law of information technology crimes because it is a special program and has no spread in cyberspace, pointing To the charges against his client, and the absence of the criminal case because the complainant waived the communication in her employer.