Legal: Sanctions and legal accountability for those who endanger the safety of children during the floods

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A number of lawyers and jurists confirmed the high level of awareness among members of society regarding the dangers of visiting mountainous places and valleys during periods of rain and torrential rain and those who violated the law, which they confirmed by not monitoring violations of the instructions of the security authorities, explaining that neglecting children and endangering their safety exposes the owner to legal accountability. .

Legal Adviser Zainab Al Hammadi stressed that adhering to the directives of the official authorities that aim to protect lives and ensure the safety of all, as well as adhere to the utmost caution and caution, warning that leaving children at the mercy of spontaneous minutes in which fun and joys turn into funerals, is subject to legal accountability, as a result of the availability of damage The result of the error and the causal relationship between them.

She explained that the elements of error are the breach of the duties of caution and caution, and their source is the law, and the law is taken here in its broad sense, including regulations, orders, and administrative instructions in all their forms, or that it comes from general human experience, where this experience recognizes a set of rules that determine correct behavior and science contributes The arts and the appropriate considerations in the formation of this news, the officer or the criterion that can determine whether a person acted with caution or not.

She added that the law does not punish a mere breach of the duties of caution and caution unless this breach is a crime in itself, for example: parents go with their children to enjoy the beauty of nature, but when natural conditions develop and rain turns into torrents that sweep away trees, people, stones and vehicles, demolish homes and destroy property, Failure to respond quickly requires a violation in this case.

But in general, the law does not punish mere breach of the duties of caution and caution unless it leads to a criminal result, i.e. there is a link between the will and the result (the penal responsibility does not arise unless the act was voluntary and the perpetrator committed the crime intentionally or by an unintended mistake.

And she stressed that anyone who violates the instructions or incites others not to comply with the laws or improve something that is considered a crime is subject to legal accountability, and is liable to imprisonment and a fine of no less than one hundred thousand dirhams and not more than five hundred thousand dirhams, in accordance with Article 197 of the Federal Penal Code.

And she demanded to deal firmly with every behavior that includes disregard for their lives, the lives of their children and the life and safety of others, or negligence in respecting the instructions issued by the competent authorities, in order to achieve its societal role and to consolidate the rule of law, noting the importance of the commitment and cooperation of all segments of society with the instructions and instructions issued by the competent authorities in the state in order to preserve the safety of society and the health of its members.

And she called for the necessity of having a list from the Attorney General that includes the instructions to be followed and the penalties imposed on those who violate them in the event of torrential rains and floods, given their recurrence every year, specifically in the winter, as proactive decisions based on the principle of a dirham of prevention that is better than a pound of treatment, complementing the decisions issued during the Corona pandemic.

She continued that these efforts require strict legal legislation, which has become a necessity, to criminalize those adventures that endanger the lives of human cadres in the Ministry of Interior and emergency and rescue teams, to prevent our joy from turning into sorrows.

Legal Counsel Moataz Ahmed Fanous said: “It seems that miscalculation by parents in some practices that seem simple in their eyes, may lead to a real disaster, the price of which is high and precious, such as the injury of a loved one and the loss of a soul, especially children, because the perpetrator did not know that death comes in a hurry, because He did not take into account the repercussions of this risky behavior that would reap his life for the miscalculation he sowed. 

Fanous pointed out that Article 390 of Federal Law No. 31 of 2020 regarding crimes and penalties stipulates the penalty of imprisonment and a fine for whoever assaulted the safety of others by any means, and the assault led to his illness or inability to perform his personal work for a period of more than 20 days, and if negligence or lack of Beware of the death of his child’s son, the culprit and despite the great injury he suffered, the penal penalties pursue him, especially if they are presented by the owners of the capacity and interest as a result of his negligence, and here is the unintentional killing that is characterized by the absence of the material element and is often caused by the offender’s neglect, lack of attention, carelessness or lack of commitment By regulations and laws.  

He continued: Article 393 of the Federal Crimes and Penalties Law stipulates a penalty of imprisonment and a fine or one of these two penalties for anyone who accidentally causes the death of a person without prejudice to the blood money due. Whoever, by his mistake, compromising the safety of others, or with one of these two penalties, shall be punished according to Article 399 of the Federal Crimes and Penalties Law of imprisonment and a fine or one of these two penalties for anyone who willfully commits an act that endangers the life, health or security of people, or Their freedoms are at risk, and the penalty shall be imprisonment if the act results in harm whatsoever, without prejudice to any severer penalty prescribed by law.

Also, according to Article 400, whoever endangers a juvenile under the age of fifteen shall be punished with imprisonment for a period not exceeding two years, and whoever endangers the life of a child under the age of fifteen, Article 401 stipulates a penalty of imprisonment and a fine of no more than 10,000 for those who endanger the life of a child under the age of fifteen. Seven years, and that was in a place full of people, whether by himself or through others. 

Lawyer Dr. Abdullah Al-Kaabi said that the penalties for parents, if they cause any harm to children as a result of recklessness and insufficient appreciation of the nature of the situation, are included in Federal Law No. (3) of 2016 on the rights of the child as basic rights for the child, including the right to life and security for himself, as stipulated Article 13 of the law states that it is prohibited to expose the child to any arbitrary interference or illegal procedure in his life or his family.

He added that the right of the child to protect himself is guaranteed in accordance with the laws in force in the state, and the law stipulates in Article (35) that it is prohibited for the person responsible for the care of the child, to subject him to neglect, or to leave him without supervision or follow-up, or not to do his affairs, and it is also prohibited to subject the child to torture. Or assaulting his physical integrity or doing any act involving cruelty that would affect the child’s emotional, psychological, mental or moral balance, and according to Article 34 of Federal Law No. 3 of 2016 regarding the Child Rights Law “Wadeema”, it is prohibited to endanger the safety of the child. The mental, psychological, physical or moral danger of the child, whether by abandoning the person responsible for his care or leaving him in a place or care institution without reason, refusing to accept the child from the person responsible for his care, or refraining from treating him and taking care of his affairs, where he is punished according to Article 60 of the same law with imprisonment Or a fine of no less than five thousand dirhams for anyone who violates this.

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