consultation

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Provided by the Public Prosecution Office in Dubai

■ Is a person considered a criminal simply because he intentionally did something, and is the legal responsibility for the perpetrator, or is there a responsibility for another party?

LL.M - Dubai

■ The origin is that every crime consists of two pillars, the material pillar and the moral pillar, and if one of them fails, the act is considered not criminal, as the law requires for some crimes a special intent.

The material element of the crime, as stated in Article (31) of the Federal Penal Code and its amendments, means any criminal activity by committing an act or omission, when such commission or omission is legally criminalized.

As for the moral element of the crime, it means intentionality or error, in accordance with Article (38) of the Federal Penal Code.

Intentionality is the tendency of the offender's will to commit the act or omission, in order to cause a direct result or another criminal result expected by the offender.

As for the error, it is found by the occurrence of the criminal result due to the fault of the perpetrator, whether through his negligence, lack of attention, lack of caution, recklessness, recklessness, or non-observance of laws, regulations, systems and orders, as in the crimes of wrongful killing or wrongful injury due to traffic accidents.

Dubai Public Prosecution

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