Lawyers warned against the penalty of mocking the state’s precautionary measures against the Corona virus, and not observing instructions to stay at home, as incitement to others not to violate the laws of the state, the Federal Penal Code punishes him with imprisonment and a fine of no less than 100,000 dirhams and not more than 500,000 dirhams.
A few days ago, Dubai Police arrested a European woman of Arab descent, who broadcast a video showing her indifference to the "Khalk At Home" initiative and health and security instructions, and called on community members to disembark and not abide by the regulations and instructions, and the police referred them to the Information Technology Crime Prevention Prosecution In the Federal Public Prosecution, where the woman, accompanied by another Arab woman, posted a video on social media networks, defying the state’s instructions not to leave the house except for necessity, as I belittled the “Stay at Home” campaign, and I went down to the Dubai Marina to practice running in violation Clear to the top Died.
Lawyer, Hanan Salem Al-Bayed, said that Article 197 bis (1) of the Federal Penal Code stipulated imprisonment and a fine of no less than 100 thousand and not exceeding 500 thousand dirhams, for anyone who incited others not to violate the laws or improve something considered a crime, as stipulated Article 197 bis (2) with a temporary imprisonment for anyone who uses any means of communication, or means of information technology, or any other means, in disseminating information or news or inciting acts that endanger the security of the state or endanger public order. Al-Bayd said that the text of the legal article is clear about punishing everyone who incites members of society to leave the house, and not adhering to the instructions contained in staying at home to prevent from the "Corona virus", pointing out that everyone who violates the instructions and laws on the state's measures to combat the Corona virus , Goes out to the public via social media and asks to go out to public places and not stay at home, exposing himself to legal accountability.
Lawyer Dr. Raed Al-Awlaqi stated that Article 45 of the Federal Penal Code states that he is considered a partner in the crime, whoever incites to commit it, and that it occurred based on this incitement, pointing out that the Federal Supreme Court has defined incitement as any act, of actions and words issued by the instigator Irritates the feeling of the perpetrator and causes him to criminalize
He explained that Article 197 bis (2) stipulated a temporary prison sentence for anyone who used any means of communication or information technology means, or any other means, in disseminating information or news or inciting actions that endanger the security of the state or endanger By public order, stating that the definition of temporary imprisonment in law is from three years and up to 15 years, where if the punishment prescribed for the crime is life imprisonment, the penalty period does not exceed the text of the maximum limit for the crime or imprisonment if the punishment is temporary imprisonment.
He explained that incitement is of two types: an individual directed to a specific individual, or to those concerned with themselves such as doctors or a group of people, and a general incitement directed to a group or audience not specific in particular, and it is not envisaged that general incitement occurs only through publicity.
He pointed out that general incitement is more dangerous than individual incitement, and the instigator in both cases is considered a partner if the crime on which the incitement is committed occurs, either completely or in the case of attempt.
Criminal intent
Lawyer Dr. Hamad Al-Dabbani saw that what is published, through social networks, by some residents, is an incitement to state actions, as the punishment is according to the content of the video and the terms contained therein incitement and mocking the actions of the state.
He added that the offender is punished, as he had a criminal intention and criminal intention behind inciting the state, or if the video was published in good faith, and there is no intention to offend and incite the actions of the state from behind him, pointing out that all members of society must adhere to the laws of the state and guidelines And instructions issued on the fight against Corona virus and its prevention.