Have You Been Charged for Taking Bribery in Uae?

Posted by Awatif Mohammad Shoqi Advocates & Legal Consultancy on August 23rd, 2021

UAE do not have any specific legislation to govern and regulate the crimes of bribery, however, the provisions governing this criminal act is covered in multiple laws. To be more specific, Federal Law Number 3 of 1987 on UAE Penal Code is the primary legislation administering crimes of bribery. The UAE Criminal Code oversees all crimes including bribery over all the Emirates and the free zones.

Bribery is a method for promising, giving or accepting any financial advantages or advantages in kind in lieu of discharging any official commitments. Criminal Lawyers of Dubai confirms that the law against bribery is authorized since 1980 through Criminal Law of UAE; yet, organizations in UAE are ignorant of its implementation and criminal ramifications for abusing any provisions of bribery. The act of “bribery” isn’t explicitly characterized under the UAE Criminal Code. By suggestion from the bribery offenses, it is an offering generally monetary in nature or other bit of leeway offered or got, straightforwardly or indirectly, to incite or remunerate the doing or prevent oneself from performing any duty authorized by the Law.

Criminal Law under Article 234 to 239, portrays the offenses of bribery and following are the significant offenses secured under the Criminal Law:

  • An open official or any individual depended with an administration obligation who legitimately or indirectly requests recognizes, takes or ensures a pay off as a final product of playing out any official obligation;
  • Any individual who ensures any public official or individual having official obligations pay off as a result of performing or not playing out a particular demonstration which falls inside or outside their normal commitments;
  • Any individual who is dealing with the exercises of an element enrolled in UAE acknowledges, or requests a pay off consequently of any kindness falling inside or outside his activity parameters;
  • Anybody is going about as a middle person between the two gatherings tolerating and giving pay off.

In 2016, the UAE corrected the Criminal Code to incorporate an express arrangement, which makes bribery between private people and organization a criminal offense. The components of the offense are guaranteeing, offering or awarding any bribery to someone working in any private division or authority for performing or abstain himself for performing any relevant duty or responsibility. Importantly, the Law confirms that for the offense of bribery to be executed all components must be fulfilled in any criminal act to be considered it as bribery in private organization. The legislators further removed any time limitation to file the case of bribery and it can now be registered at any time.

Additionally, more severe penalties are to be imposed on accused in alleged bribery offenses. For instance, any individual accused for bribery shall be punished with an imprisonment for a maximum period of 5 years and/or a fine of minimum AED 5,000. Importantly, companies will be responsible for the acts committed by their directors, managers or other representatives and the companies may suffer fine varying from AED 50,000 to a maximum of AED 500,000 and confiscation of the proceeds from the act of bribery.

By: Al Rowaad Advocates & Legal Consultants
24/7 Hotline:  +97143558000
Website: www.alrowaad.ae

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Awatif Mohammad Shoqi Advocates & Legal Consultancy

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Awatif Mohammad Shoqi Advocates & Legal Consultancy
Joined: February 3rd, 2021
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