عقوبة التهديد في القانون الإماراتي - Threatening Punishment in UAE

Threatening Punishment in UAE Law in 2024

Threatening Punishment in UAE Law is one of the issues that many people encounter and wish to learn more details about. If you have fallen victim to a threat by a perpetrator and wish to file a lawsuit against this offender, this article provides you with all the details you desire.

Threatening Punishment in UAE Law

The penalty for threatening under UAE law is determined by Article 403 of the UAE Penal Code, enacted by Federal Decree-Law No. 31 of 2021. This article imposes a punishment of imprisonment on the offender if they threaten another person by committing a felony against themselves or their property or against another person or their property, or through attributing dishonorable actions to them or disclosing such matters.

At the same time, Article 402 of the Penal Code intensifies the punishment for the offender who makes a threat, if that threat is accompanied by a demand or an order to do something or to refrain from doing something. The penalty may extend to temporary imprisonment for a period not exceeding seven years, whether the threat is made in writing or verbally, including a threat to commit a felony against the victim or their property, or against another person or their property.

From the above, we can define threatening as the act of the offender threatening the victim in writing or verbally, by word, deed, or sign, including the threat to commit a felony against the victim or their property, or against another person or their property, or through attributing dishonorable actions or disclosing them.

Therefore, a threat only constitutes if it induces fear and anxiety in the victim that the offender will execute the actions they threatened with. This is related to the victim’s psychological and social condition, as a threat may be more effective against a woman or girl compared to a man, or if the victim holds a prestigious social status and fears for their reputation and standing.

The Threatening Punishment in UAE is further intensified if the threat is accompanied by the offender’s demand for the victim to perform an action or to refrain from doing so.

Meanwhile, if you need procedures such as filing a lawsuit, or a private consultation on this matter, you can contact our office, as we have the best criminal lawyers who will offer you everything related to the threatening punishment in UAE law, how to prove this crime, and identify its elements.

Elements of the Crime of Threatening in UAE Law

The crime of threatening in UAE law consists of two main elements: the material and the moral components, as follows:

Material Element of the Crime of Threatening in UAE Law

The material element comprises three components: the act, the criminal outcome, and the causal link between them.

  • The act refers to the threatening actions carried out by the offender against the victim, which may be in written, verbal, or even gestural form. It includes threatening the victim with committing a felony against themselves or their property or against another person or their property, or through attributing dishonorable actions concerning the victim or disclosing them.
  • The criminal outcome is represented by the victim’s fear and submission to the authority of the offender, fulfilling their demands, especially if they are asked to perform an action or to refrain from doing so. An example could be a threat made to a candidate to withdraw from an election, leading to their withdrawal, or a threat to someone to transfer money, resulting in the transfer.
  • The causal link, a crucial component of the material element, is established when the criminal outcome directly results from the act of threatening. If a candidate withdraws from an election for reasons unrelated to the threat, then the crime of threatening is not constituted.

Moral Element of the Crime of Threatening in UAE Law

The moral element consists of two factors: criminal intent and specific intent.

  • Criminal intent is present when the perpetrator is aware that their threatening actions constitute a crime punishable by the UAE Penal Code, yet they proceed with the act.
  • Specific intent is evident when the perpetrator engages in threatening actions against the victim, persisting and intensifying the threat, with the will directed towards achieving the criminal outcome of terrorizing and intimidating the victim. Consequently, the victim submits to their control, compelled to perform an action or to refrain from doing so.

Forms of Threatening in UAE Law

  • Threatening to Commit a Felony Against the Victim Themselves: This occurs when the offender directly threatens the victim with grave harm, such as murder or severe physical assault leading to injury. Such threats instill fear of personal harm or death in the victim.
  • Threatening to Commit a Felony Against the Victim’s Property: This involves the offender threatening to damage or destroy the victim’s property. Examples include threats to burn the victim’s warehouses or to hack and obliterate their bank accounts. These threats aim to coerce by endangering the victim’s financial stability and material possessions.
  • Threatening to Commit a Felony Against Another Person or Their Property: The threat here is directed not at the victim directly but at harming someone close to or related to the victim, such as their children or spouse. This form of threat leverages the victim’s concern for their loved ones’ safety to exert control or influence over the victim’s actions.
  • Threatening to Tarnish the Victim’s Reputation: This form of threat involves attributing dishonorable actions to the victim or disclosing embarrassing personal information and data about them. The threat of damaging the victim’s social standing, honor, and respect in the community is used as leverage to manipulate or control the victim’s behavior.

Electronic Threatening Punishment in UAE

In discussing the medium through which a threat is made, it’s essential to distinguish between traditional methods—such as direct face-to-face threats, written messages, or phone calls

For threats made through electronic channels, the UAE’s law against cybercrimes and the spread of rumors must be applied, specifically the UAE Federal Decree-Law No. 34 of 2021. Article 42 of this law penalizes cyber threats with imprisonment for a period not exceeding two years, and a fine not less than AED 250,000 and not exceeding AED 500,000, or one of these two penalties. The punishment is intensified to temporary imprisonment for a period not exceeding ten years if the threat involves committing a crime, attributing dishonorable actions to someone’s honor and consideration, especially if the threat is accompanied by an explicit or implicit request from the offender to the victim to perform or refrain from an action.

How to Report a Threatening Crime in the UAE

Victims of threatening crimes in the UAE have several avenues to report such incidents:

  1. Visit the nearest police station in the area where the victim resides to file a report or complaint against the offender.
  2. Directly call the unified contact number 999 to request assistance and submit a report and complaint via telephone.
  3. Download the “My Safe Society” smart application, launched by the Federal Public Prosecution in 2018 specifically to combat this type of crime. Complaints can be filed through this app.
  4. File a complaint with Abu Dhabi Police through the e-Aman service, by calling the toll-free number 8002626, or by sending a text message to 2828.
  5. File a complaint with Dubai Police through the Al Ameen service, by calling the number 8004888, or by sending a text message to 4444.
  6. File a complaint with Sharjah Police through the Najid service, by calling the toll-free number 800151, or by sending a text message to 7999.

Frequently Asked Questions (FAQ)

How is the occurrence of a threatening crime proven?

The occurrence of a threatening crime can be proven using all available means of evidence, according to the Criminal Procedure Law and the Evidence Law. This includes the interrogation and confession or admission of the accused, witness testimonies, or the presentation of written or digital evidence containing threatening messages.

 

What role does a lawyer play in a threatening crime?

A lawyer plays a crucial role in cases of threatening crimes by guiding the victim through the process of filing a complaint and initiating the appropriate lawsuit regarding the threatening crime. This involves collecting and preserving evidence and presenting it legally to the Public Prosecution or the court.

In conclusion to our article on the penalty for threatening in UAE law, we hope to have clarified the penalties imposed for threatening crimes under the UAE Penal Code, advising anyone who falls victim to any form of threat to seek assistance from a criminal lawyer.

Sources:

  • UAE Penal Code, issued by Federal Decree-Law No. 31 of 2021.
  • UAE Law on Combating Rumors and Cybercrimes, issued by Federal Decree-Law No. 34 of 2021.

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About Author

Humam Khalifa

A seasoned legal researcher with over 10 years of experience in legal research, article writing, precise legal analysis, and extensive legal research across various fields of law, including civil law, commercial law, criminal law, and international law.

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