Does UAE law apply outside country? Lawyers explain conditions, nature of crimes
However, what about laws? Do legal rights and requirements of a foreign land get overruled by UAE law? Do citizens have to abide by UAE laws no matter which country they are in?
Khaleej Times spoke to lawyers to get a better understanding of what cases UAE can extend its jurisdiction in.
While the UAE Penal Code primarily applies to crimes committed on UAE territory, the jurisdiction extends further in some cases, according to Dr Hassan Elhais, legal consultant at Awatif Mohammad Shoqi Advocates & Legal Consultancy.
This includes cases where the UAE can prosecute its citizens, and cases where the Emirates can take legal action against any person, regardless of nationality.
Prosecution of citizens abroad
An Emirati citizen who commits a crime abroad can be penalised for it upon their return to the country, under Article 23 of the UAE Penal Code. This is provided that the crime is punishable under both UAE law and the laws of the country where the crime was committed, Hassan said.
It is important to note that the "jurisdictional reach applies regardless of whether the offense was committed against a fellow Emirati or not," according to Bassem Ehab, Senior Associate at Habib Al Mulla and Partners.
However, prosecution will not proceed if the individual has already been acquitted or convicted by a final judgment in the country where the offence was committed, Bassem said.
Prosecution of any national for crimes outside UAE
While Emiratis can be prosecuted by UAE for any crime committed abroad, given certain conditions, people of other nationalities can be punished by UAE only for specific types of crimes committed outside the country mentioned in Article 21 and 22, according to Hassan.
Bassem detailed the offences that grants extraterritorial application of UAE laws under Article 21 of the UAE Penal Code. This applies to anyone who commits an act as a principal or accomplice in any of the following crimes:
Offences against the UAE's internal or external security, constitutional structure, or crimes involving the forgery or counterfeiting of official seals, government-issued financial instruments, or stamps;
Forgery, counterfeiting, or falsification of UAE currency, whether committed within or outside the country, including the distribution or possession of such currency with intent to distribute;
Forgery or falsification of paper money or coins that are legal tender in the UAE, including their distribution or possession for distribution purposes;
Premeditated murder of a UAE citizen, regardless of where the act was committed
Under Article 22, "the UAE can also prosecute any person who is found in the UAE after committing a major international crime like terrorism, human trafficking, or money laundering anywhere in the world," Hassan said.
Article 22 also extends to distribution of drugs — whether as a principal or accomplice — committed outside the UAE should the perpetrator return to the UAE regardless of their nationality, Bassem said.
Moreover, if certain actions committed abroad amount to a crime partially or fully committed in the UAE, the perpetrator can be held accountable under UAE law, he added.
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