Obliging a worker to pay 33.6 thousand dirhams to a "cafe owner"
The Al Ain Court of First Instance obliged a worker to pay an amount of 33.6 thousand dirhams to the owner of a café (his employer), in addition to fees and expenses, because he was found guilty of embezzling the aforementioned amount from the café during his work, and a ruling was issued by the Criminal Court to punish him with imprisonment and a fine.
After the ruling was issued by the criminal court, the owner of the cafeteria went to the civil court to claim the sums of money, and submitted a document for his claim, a copy of the criminal ruling, a certificate issued by the Al Ain Prosecution Office stating that the ruling was not appealed, and other documents that the court reviewed.
In the reasons for its ruling, the court said: “It is legally established according to the text of Articles 50 of the Law of Evidence and 269 that the ruling issued in the subject matter of the criminal case shall have authority in the civil case before the civil courts whenever it has decided a necessary chapter in the occurrence of the act that constitutes the common basis between the criminal and civil cases.” In the legal description of this act and its attribution to its perpetrator, if the criminal court decides on these matters, it is forbidden for the courts to re-examine them, and they must consider them and abide by them in examining the rights related to them.
The court stated that it is proven from the papers that the defendant was convicted of the charge of embezzlement of an amount of 33,608.84 dirhams from the complainant, and nothing was received to refute or contradict this evidence, and then the defendant is responsible for refunding the value of the embezzled amounts, especially since the defendant attended and did not provide evidence of his innocence. From the amount in question, and then the case before him is valid and proven, and the complainant's answer to his request is specified with him.
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