The defendants argued that the stolen money was illegal... and "Dubai discrimination" settled the issue

Final ruling of a fine of 2.8 million dirhams for 4 convicts of theft

“Dubai Discrimination” upheld the “appeal” ruling with imprisonment and a fine.

Photography: Patrick Castillo

The Court of Cassation in Dubai upheld a judgment issued by the Court of First Instance, and the Court of Appeal upheld it by imprisonment and a fine against four defendants who were convicted of stealing an amount of 2.9 million Saudi riyals (equivalent to two million and 836 thousand and 200 dirhams) from a person, after planning and distributing roles among them, and luring him, In light of their knowledge that these funds are the proceeds of illegal activity.

The Court of Cassation clarified an important legal angle in the merits of the ruling, related to the decision of the Court of Appeal, to amend the amount of the fine imposed by the Court of First Instance on the defendants, to be the total amount stolen, and not the amount that could not be returned from them after their arrest, despite the recovery of most of the stolen money.

In detail, the case revolves around the certainty of the court, and the prosecution’s investigations, that the defendants decided to steal the victim, knowing that he was involved in the illegal transfer of funds, so they lured him to a public area, in possession of a bag of money, and arrested him after two of them impersonated two policemen, and one of them wore The distinguished uniform of the traffic men, so he was afraid of them, and handed them the money, so they fled, to share the amount among them, each according to his role in the incident.

The Court of First Instance sentenced four defendants to two years in prison, and jointly fined them 489,650 Saudi riyals, in Emirati dirhams, an amount that could not be recovered, and it acquitted a fifth defendant.

The convicted defendants appealed the initial ruling, and argued that the stolen funds were mainly obtained from an illegal activity, which is the transfer of funds, while the Public Prosecution appealed the initial ruling, demanding that the defendants be fined the total amount stolen, and that it is not possible to return it.

The Court of Appeal upheld the initial ruling against the defendants, and responded to the Public Prosecution's appeal, by fining them the total amount stolen, equivalent to two million and 836 thousand and 200 dirhams.

One of the convicts of impersonating a policeman in his appeal before the Court of Cassation stated that the initial and appealed judgment erred in applying the law, as he relied on the statements of the victim, although the latter did not recognize him when he was presented in the diagnosis queue.

The appellant raised the issue of fining him with the rest of the defendants the entire stolen amount, despite the seizure and confiscation of most of it, pointing out that the funds entered the country illegally, and represent a crime in itself, which requires canceling the fine.

The Court of Cassation responded that it is established in the records of the first instance and appealed judgments that the convicts stole an amount equivalent to two million and 836 thousand dirhams from the victim, and therefore they must be sentenced to a fine equivalent to the value of the stolen money, whether it was seized without the judgment confiscating it, in order to protect the rights of the bona fide victim. or not.

She pointed out that the ruling for a fine equivalent to the value of the money obtained from the crime at the time of its occurrence, coincides with the correctness of the law, and that what the appellant raised in this regard is not valid.

The Court of Cassation upheld the Court of Appeal's decision to imprison the accused and fine them jointly for the amount stolen. 

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