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Khaleej Times
2 days ago
- Politics
- Khaleej Times
Does UAE law apply outside country? Lawyers explain conditions, nature of crimes
As students travel abroad for studies, and Emirati families settle in foreign countries, cultural clashes may arise, with the social sensitivies of a different land hard to adapt to for those used to UAE norms. 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.
Khaleej Times
06-08-2025
- Business
- Khaleej Times
Dubai investor loses Dh20 million property refund case
A property investor has lost a legal battle against a real estate developer for a claim of more than Dh20 million for multiple apartments in Al Barsha South. The case involved a total deal worth Dh38.3 million, and the investor had already paid over Dh23.5 million, including Dh200,000 in cash, to the developer. However, the investor later demanded refund of Dh20.5 million, plus Dh1 million in compensation and 12 per cent interest. The dispute was first taken to the Dubai Real Estate Court, where the developer won. The ruling was upheld again in the appeal court and the Court of Cassation (Supreme Court). According to the developer's legal consultant, Dr Hassan Elhais from Awatif Mohammad Shoqi Advocates and Legal Consultancy, the Supreme Court confirmed that even if the money was not received in the escrow account that would not be enough to claim refund of the money especially after the units were already delivered to the investor who subsequently resold them. Dr Elhais said this was a key issue in the case, the court confirmed that no harm has been proven due to not receiving the money in the escrow account, especially as the investor asked for refund of the money without even asking for termination of the sales and purchase agreement (SPA). As per the court judgement, the investor could not prove his argument that the prices of the units were affected on resale due to not receiving the amounts in the escrow at the time of purchase, especially as the developer did not breach the SPA with regards to the delivery of the units. Moreover, the investor argued that despite the developer receiving the purchase price, the investor did not receive receipts of payment for part of the payment. However, this argument was rejected by the court as the developer confirmed receiving the money.
