“Representative” embezzles 292 thousand dirhams from rent collections

The criminal court convicted the employee of embezzlement.

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The Abu Dhabi Court for Family and Civil and Administrative Claims ruled that a “collection representative” must pay an amount of 292,727 dirhams to a real estate owner, which he embezzled during his work in collecting real estate rents, in addition to obligating him to pay the plaintiff 20,000 dirhams in compensation for the material and moral damages he sustained.

In the details, a real estate owner filed a lawsuit against his employee, demanding that he be obligated to return him an amount of 292,727 dirhams, legal interest, and 60,000 dirhams as material and moral compensation, with obligating him to pay fees, expenses and attorney fees, indicating that the employee was responsible for collecting rents of owned properties. He embezzled sums of money for himself, and was criminally convicted after delegating an expert.

The court stated in the ruling’s merits that the firm penal ruling is the conviction of the defendant for the accusation of embezzlement of the amounts shown in the papers, which harmed the right holders, and then the ruling has acquired the authority of the res judicata in what it was decided before the civil court, and it is not permissible to re-examine the elements of responsibility Hence, the element of error has been met by the defendant and has been definitively proven against him.

The court indicated that the evidence from the lawsuit papers is the illegal act on the basis of which the criminal lawsuit was filed, and that the civil lawsuit was filed on the basis of it, and that this error is the reason for the damages to the plaintiff, which makes the elements of responsibility of error, damage and causal relationship are available in the right of the plaintiff On it, pointing out that the plaintiff's request to compel the defendant to pay him an amount of 292,727 dirhams is in fact a request to obligate the defendant to return the sum he embezzled.

The court ruled that the employee should pay the plaintiff an amount of 20 thousand dirhams as a final compensation for all the material and moral damages incurred by him. requests.

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