The coercion has to b physical in nature for this to apply. The UAE criminal law constitutes the branch of law which deals with public wrongs of offences and is divided into two parts, the substantive law and the law of procedures. Will this be an issue?'. Bounced cheque cases in the UAE can result in fines of between AED 2,000 and AED 10,000 and civil cases file against those who issue them, according to Dubai judicial authorities. The victim would also be able to bring a civil claim for damages resulting from the libellous actions under Articles 282 to 298 of the UAE Civil Code (Federal Law No. Accordingly, the following fines may be imposed in terms of returned cheques not exceeding AED 200,000: You can contact us now and book a bounced Cheque recovery consultation with one of the lawyers in Dubai. Firstly, can the lender legally file a civil case if the police case is more than three years old? BREAKING NEWS: UAE & INTERPOL To Catch UAE Expats With Pending Financial Loans? I earn Dh9,400 in Dubai, which is swallowed up by our expenses (rent and bills: Dh2,500; groceries: Dh3,000; school fees for our three children: Dh5,250. Such detention is for a period not less than one month and not more than three years, while the fine is for an amount not less than AED 1,000 and not more than AED 300,000 (fines are payable to the Court Treasury and not to … The most commons reasons provided by banks for returning cheques include: Bounced Rental Cheque: How to deal with it in UAE. In the event that the parties are unable to settle the dispute over the returned cheque at the police station, the police shall refer the complaint to the Public Prosecutor for further investigation. I have other debts as well: (outstanding balance / monthly payment), I have no savings to settle the demands from the lender and I realise we are in negative territory. 1 of 2017 for Criminal Orders has recently introduced a new mechanism for disposing of criminal complaints. The UAE’s legal system is a civil law system. In Dubai, this would be done via the Dubai Police Department. The United Arab Emirates (UAE) has Islam as its official religion, and the federation regards blasphemy as a very serious matter. In Dubai, this would be done via the Dubai … His Excellency/ Taresh Eid Al Mansouri, Managing Director of Dubai Courts, has received a high-level delegation from the People's Republic of China, led by H. E. Chu Chiang, Chief Seek legal advice on how to tackle this. Article (638) of the Commercial Transactions Law provides that the legal proceedings taken by the bearer against the drawer will not be accepted after two years from the expiration date of the period specified for the submission of the cheque. I paid a fine of Dh3,020 in June 2016. When blasphemy occurs, the Emirates have two court systems to mete out punishment. Either that, or our understanding of what it says about signing security cheques is wrong. Civil lawyer in Dubai UAE. Aji Kuriakose (Episode 11) MediaOne Gulf. There are several kinds of cases in Civil Court. In general, the UAE Civil Law limits the debt recovery period to 15 years unless a specific provision indicates otherwise. It would also be helpful to have a prudent financial approach by working out a strict budget that cuts down unnecessary expenses, and allocates some of your earnings towards settling your outstanding borrowing. The Public Prosecutor may make the following decision based on the evidence before it: The role of the Criminal Court is to hear the litigants’ arguments and review the evidence provided, after which it will verify whether a crime has in fact been committed. A criminal case bears a penalty of either a jail term or an imposed fine. I am Quaisar Ali civil Engineer working 12 years in UAE but suddenly my project hold and company cancelled my visa 4 jan2020 after Coronavirus still not got job but i have 200k loan from Noor bank and i am unable to pay the loan due jobless and bank want legal against me.Please need proper Advice. The judges in criminal and civil court have different powers. Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty; therefore, apostasy is punishable by death in the UAE. The court of cassation's civil department in Dubai dated 1 February 2011 in appeal number 122/2010 domestic relations adjudicates that: "The trial court is authorized to assess the seriousness of the opponent's request to transfer the case for investigation, admit it or decline it. Original source unknown, and this clause appears to be ignored by banks and the criminal courts in the UAE anyway (as of 2010 at least). Act of libel in the United Arab Emirates can be enforced in two ways through the criminal justice system or via the civil courts. Additionally, the Federal Law Number of 1985 on UAE Civil Code (the Civil Code) imposes a limitation on criminal matters. What did the credit shield cover when you defaulted? So you can heave a sigh … Returned cheque to the value of Dh1 to Dh50,000: Dh2,000 fine, Returned cheque to the value of Dh50,001 – Dh100,000: Dh5,000 fine, Returned cheque to the value of Dh100,001 – 200,000: Dh10,000 fine, Returned Cheques in UAE – Punishment and Procedures, International Documents Attestation Service, Criminal Lawyers in Dubai, Sharjah, Abu Dhabi, UAE, Visa Status of Wife Following Divorce From Sponsoring Husband in UAE, Read More About The Liquidation in AI Ittihad Newspaper », Amendment Guide for Memorandum of Association for UAE Single Shareholder Company, Wages Protection System(WPS) in the UAE – All You Need to Know, 5th Floor, Office No. Philip King. 1. On the other hand, criminal cases will require offenders to serve years in prison. When combined with a civil complaint for damages, this is an extremely useful tool for those who have fallen victim to white-collar crime. It is also important to start communicating with your bank to get a full assessment of your case. General Civil Cases Al Khairy also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators. In addition, the limitation period does not apply if the debt is settled or when a separate procedure is taken that leads to the renewal of the debt. The emergency response number you should dial in case of a fire is 997, to report a crime, call 998, and 999 to receive medical services. Cases also vary in types, i.e. According to reports, bank loan defaulters and other civil case convicts will now be executed in India even if they have sought safe heaven in their motherland India. However, serving detention or paying a fine does not mean that the debt is cleared, rather it only negates the criminal act of issuing a bounced cheque. The UAE has a lot of very strict laws that expats often would not expect, but also impresses with a rather low crime rate. The punishment for the crime of attempted theft by such methods carries a prison sentence of 3-15 years. With the current loan commitments, outstanding credit card debts, inactive (but still legally due) debts on your as well as your husband's list of liabilities, this situation demands immediate attention. Your dependence on debt is alarming. Hassan Elhais, a Legal Consultant in Dubai… UAE legal Q&As: must a civil case be filed to have medical bills from a car accident paid? Know how to avoid fraud while dealing with other parties in … The Debt Panel: 'I consolidated my debts three years ago, then I built up more', A nine-step guide to help you renegotiate bank debts in the UAE, UAE residents can now buy credit reports via a mobile app. The UAE uses the school system as well as censorship and control of the press and the broadcast media to prevent blasphemy. 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Know how to avoid fraud while dealing with other parties in … Three years on and the lender has started calling me again about the same debt. As it is now more than three years, do they still have a case? The creditor will also be entitled to request a statement from the drawee bank to present as evidence in any future legal action taken against the drawer. – Pocketful of Dirhams, What the US-China economic rivalry means for the Middle East: Business Extra, Counting down 10 big business moments from 2020: Business Extra, How to get your savings on track for a bumper 2021 – Pocketful of Dirhams, Feryal Ahmadi of DMCC on how global trade will be remapped in the 2020s, What’s in store for investors in 2021?– Pocketful of Dirhams, ‘Adapt or die’: the UN’s corporate sustainability pioneer shares lessons of 2020, What’s next for the UK property market? 10 of 2014 concerning the Civil Procedural Law regulates the method, procedures and jurisdiction for litigations in civil… Many face difficulties related to managing their financial affairs and commercial payment processes, especially those related to payment by. Capital punishment presented to man who kidnapped, ... Al Mazmi had earlier lodged a civil lawsuit in which he is seeking Dh21,000 in temporary compensation against his clients’ emotional and moral damages. These differ depending on the demands and complaints filed. UAE appeals court upholds death sentence in Obaida murder case. Understand UAE laws against fraud. The Debt Panel: 'I arrived in the UAE in 2017 debt-free. Each level of court has a circuit to look into the various types of cases such as: personal status cases, criminal cases and civil cases. Checking your spouse’s phone. Sheikh Zayed Road, PO Box 9275. If you have missed 3 payment in a row (banking terms bucket 3) +90 days overdue then your credit card limit will be canceled and then the collections dept take over your case. The UAE’s legal system is a civil law system. When blasphemy occurs, the Emirates have two court systems to mete out punishment. (35) of 1992 concerning the criminal procedural law specifies the procedures for criminal cases in the UAE. A reader asks if they need to file a civil case to have medical bills covered in a car accident and another asks about the punishment for cybercrime Domestic violence can include sexual abuse, intimidation, threats or deprivation of daily human activities and rights. It appears that although you paid the fine in 2016, you did not repay the money owed. These proceedings may take the form of a criminal case or a civil suit. You then must pay the agreed sum every month to avoid further issues. The UAE's judicial system respects the dignity of people. And it is the cardholder's (not the bank's) responsibility to claim against an active credit shield. How much were the penalties and charges that eventually led it to balloon 10-fold from Dh37,000 to Dh300,000? The initial debts were Dh12,000 on the loan and Dh25,000 on the credit card, however, the credit card has now escalated to Dh300,000 due to interest and charges. Both my card and loan had a credit shield, which I was being charged per month. Civil court cases are offenses that have caused damages. The notion travel ban or deportation is used common parlance in UAE and can be imposed on various grounds such as, as a consequence of a criminal act, violating immigration laws, unpaid debts, under a civil claim. I read that a civil case must be filed within three years from the date a police case was lodged. 8 for year 1980 with its amendments (“Penal Code”). Criminal and civil cases also differ in terms of its punishment. Once your cheque is bounced, then a police case is filed against you. 3 of 1987 allows the creditor (the bearer of the cheque) to file a criminal and civil lawsuit against the debtor (the cheque writer) in the event that the cheque is returned and he is not able to cash it. And what is the penalty for scamming and domain theft in the UAE? Courts Echo magazine. Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on legal drafting, contract drafting, labor disputes, family law, and regulatory compliance for business organizations. The issuing of a returned cheque (also referred to as bounced or cheques without balance) in the UAE is considered a criminal offense punishable by law. While this is more than the initial debt of Dh37,000 in total, you are liable to pay interest on this sum. 3 of 1987). Swearing is punishable by up to a year in prison and a fine as high as 10,000 dirhams (£2,157). This initiative also enables the issuer of the returned cheque to obtain employment opportunities or other alternatives to pay off his debt instead of imprisonment. Your legal representative may investigate the nature of the case, and shed light on the applicable statute of limitations. We promise not to bother you often! A time limit of three years only applies in respect of action following a bounced cheque. Upon verifying the existence of the elements of the crime, and in accordance with Article (401) of the UAE Penal Code, the Court can impose a fine and/or imprisonment for a period ranging from 1 to 3 years. Q: Someone I know is serving a criminal sentence for 3 years for fraud. The best-known flogging case in the UAE is that of a teenage Filipina maid, Sarah Balabagan, originally sentenced in 1994 to death for killing her employer who had tried to rape her. Civil cases are typically disagreements between individuals about legal responsibilities they own each other. In terms of this law, the Public Prosecution in Dubai announced the introduction of the penal warrant system, which provides the Public Prosecutor’s Office with the power to issue a penalty order to impose a fine in cases of misdemeanors and minor offenses instead of referring such matters to the Courts for adjudication. While my husband is earning, his salary goes towards the debts he has: a loan (Dh207,196) and two credit cards (Dh5,000 and Dh18,000) with a total outstanding amount of Dh230,196. Fraud and breach of trust, in this article, refer to the offenses of fraud, embezzlement of immoveable property as defined in articles 399 and 404 of the UAE Federal Law No. In cases of separation or divorce for UAE expatriates, ... A key change with the penal code in the recent announcement was the scrapping of the article which allowed a reduced punishment for an honor crime. The cheque is considered payable as of the date written on the cheque, i.e. The offender has to take responsibility of these damages. In the UAE, Federal Law No. If this is the case, the bank has 15 years to chase unrecovered debts. Returned Cheques in UAE – Punishment and Procedures January 25, 2021 January 25, 2021 by M. Al Khairy, LL.B. It covers filing a lawsuit, mediation, appointment of attorneys/lawyers, appearing before court, ending a civil action, appealing against a judgement and more. 6th Floor, Building 4 East. At this point, as the debtor, you are still expected to continue repayments and settle the financial obligation. : 5008, Rigga Road Dubai, P.O.Box 4896, U.A.E. Credit shield is an insurance plan offered by some banks and is supposed to cover debt repayments in specific circumstances, such as death, permanent disability and loss of employment. Article (632) of the Commercial Transactions Law authorizes the bearer of the cheque to take legal action against the person issuing the cheque or any party responsible for it if the cheque is presented within the specified period and has not been paid. In general, the UAE Civil Law limits the debt recovery period to 15 years unless a specific provision indicates otherwise. Whether you have been charged with homicide, murder, assault or any other violent crime, your best chance at a positive outcome for your case is to hire an experienced criminal defence lawyer and advocate who is well-educated and qualified to represent you. This also means that debt collection agents can still chase you to recover inactive debts. However, a civil case is to be registered to seek the amount of the cheque along with any compensation, interests and other precautionary measures including travel ban. The fact that’s the drawer issued a cheque without having sufficient funds available to honor the cheque is a criminal offense under UAE law. The jail term can be between 1-3 months - up to 3 years, or/and a fine that usually varies from AED 1,000 to AED 30,000 based on the amount of the bounced cheque. UAE incorporates hudud crimes of Sharia into its Penal Code - apostasy being one of them. What is the role of public prosecutor in the criminal proceedings of the bounced cheque? I signed up for a credit card and loan in 2013 with a lender in the UAE to pay my children’s school fees and the rent. United Arab Emirates September 14 2016 There are some common misconceptions that expatriates have about UAE family laws. Request the details and terms of your obligation, such as how much the total debt was as of 2016. Non Muslims cannot be punished by flogging under Sharia Principles for consuming alcohol and this has been confirmed by UAE Federal Law No.52 of year 2006. Unlike other countries worldwide, the laws of the United Arab Emirates ("UAE") allow for criminal penalties to be imposed on those persons drawing bounced cheques. This type of case does not involve crime. Below, we shed some light on the judicial system in the UAE. Upon the completion of the court assessment of the case and establishing grounds against the issuer of the bounced cheque, the Court may order to pay a penalty and/or serve a jail term. The bank filed a police case, which was then transferred to the Dubai Prosecution. Types of courts in Dubai - The official portal of Dubai Government Court circuits Judicial circuits are branches of court according to specialty and jurisdiction. However, he will be required to submit his passport at the police station as security. Why did the insurance fail to cover all the dues? The bank may receive an order from the writer of the cheque or the account holder to stop the cashing of the cheque. However, I cannot afford Dh60,000. the date of issue, and, in accordance with Article (617) of the Commercial Transactions Law, the cheque cannot be presented before this date. And the cant do anything until and unless you return to UAE. All of these cases go to a Civil Court. It’s not getting any easier over time, and it’s time consuming, stressful and costly for business owners. The UAE Federal Penal Code No. – Pocketful of Dirhams. Dubai Courts Receive high-level delegation from the People's Republic of China. The drawer fabricates reasons thus preventing payment of the cheque value. In this article, we will deal with the returned cheque, the penalties enforceable for issuing a returned cheque, and the procedures followed in that regard. is a Senior Partner of HHS Lawyers in UAE. Will he continue to be in jail for the civil case? The punishment for fraud can range from 1 month to 3 years in jail although in a case of fraud against a government institution, that punishment could be … The United Arab Emirates (UAE) has Islam as its official religion, and the federation regards blasphemy as a very serious matter. Address: 5th Floor, Office No. Many face difficulties related to managing their financial affairs and commercial payment processes, especially those related to payment by cheques. In a criminal case, the police or a prosecutor brings the charges and the accused faces either a fine or prison sentence as punishment. Dubai, UAE Review this report to see if your outstanding credit card dues have indeed multiplied the way the lender claims to understand how the lender arrived at Dh300,000. If I am still legally liable to pay them, I am willing to settle to clear my name and dues. If the total figure owed is Dh300,000 (including interest and fees), a settlement figure of Dh60,000 seems reasonable. Addressing your point about credit shield, there's no way it could have allowed the bank to compensate for the unpaid debts. Article (483) of the Commercial Transactions Law defines a cheque as “An order issued by a person (the drawer), to the bank (the drawee) that payment be made on the specified date (date of issue) an amount of money to a third person (the payee) as the beneficiary or bearer of the cheque ”. Civil cases. When the beneficiary of a bounced cheque files the initial complaint in the police station against the issuer, the case is forwarded to the public prosecution and then to the criminal court. In addition, you may also propose a sustainable repayment plan that will allow you to comfortably settle the remaining amount. They are: No criminal penalty may be imposed on anyone until his guilt is proved according to the law. Drunk-driving is strictly illegal. The UAE law treats dishonor of cheques as a serious, cognizable offence where the aggrieved party has the right to file a criminal complaint as well as a civil case against the defaulter (drawer) for recovering the amounts. Your legal representative may help you negotiate with your bank to waive off the repayment rates and late penalty charges. Answer: For the purposes of relevance, Cyber Crime Law no 5 of 2015 does not define what constitutes cybercrime. The police contact the person who issued the cheque or drawer, inform him of the complaint, and request his presence at the police station. Fraud in UAE is considered a serious crime and a person who is found guilty of committing fraud may receive a jail sentence or a fine. If this is the case, the bank has 15 years to chase unrecovered debts. When one defaults on a debt, the bank may cash the security cheque initially provided by the debtor to recover the outstanding dues. Considering the above serious legal consequences, the parties mostly resolve the issues through settlement in its early stage. ... • The use of weapons even in cases of only attempted theft is considered an aggravating factor. M. Al Khairy, LL.B. I defaulted on my repayments in 2014 and 2015 when my husband’s salary was delayed by his employer. civil, commercial, labour and property. In this case, the creditor can initiate a civil or commercial case, as the case may be, by proceeding with the normal litigation route before the courts and judicial tribunals. Therefore, it observes certain procedures when dealing with criminal cases. As per article 1230 of the code, the party must be aware of the clause and specific punishment in the case of a breach. At The Law Offices of Faisal Alzarooni, our criminal defence lawyers aggressively defend those accused of violent crimes throughout Dubai. They informed me they will file a civil case if I don’t pay off the outstanding balances. A: If a judgment is passed in a civil case and an execution case is extended against him, the period of imprisonment will exceed 36 months… A public … Article (640) of the Commercial Transactions Law provides that in the event that a lawsuit is actually filed, the prescription period is calculated only from the date of the last action taken. Considering that the primary reason behind your default was financial hardship, a credit shied could not have helped you anyway. Many face difficulties related to managing their financial affairs and commercial payment processes, especially those related to payment by cheques . The UAE Penal Code sets out the legal provisions that determine the actions recognized as crimes in the UAE and prescribes the penalties incurring for the such acts. 11 of 1992, as amended by Law No. However, it is worth noting that these acts are not considered a crime except in the case of the combination of the criminal act with the criminal intent, and the latter means the intention of the perpetrator of the act to inflict material harm on the complainant. In the event this cheque bounces, the bank has the right to file a criminal case against the debtor. The UAE criminal law constitutes the branch of law which deals with public wrongs of offences and is divided into two parts, the substantive law and the law of procedures. Below, we shed some light on the judicial system in the UAE. Now I owe over Dh100,000', The Debt Panel: 'An old write-off status is stopping me from taking on more credit', The Debt Panel: 'I won't alert my lender before leaving the UAE. MM, Dubai. Total: Dh10,750). Secondly, the lender’s settlement offer is not acceptable in my opinion, as they want me to pay more than I owed before all the issues happened. When a cheque is returned, the drawer’s inability to pay it is proven through a statement from the bank, and the bank may not reject the request to issue this statement, but it can request a period not exceeding three working days after submitting the cheque to communicate with the drawer. The UAE is another civil law jurisdiction and it holds much the same position as the French. These proceedings may take the form of a criminal case or a civil suit. The Dubai Law No. Surely, they have claimed from this for the default, so I want to settle at a reasonable amount. The drawer is allowed to immediately settle the matter by paying the value of the returned cheque to the complainant. The Debt Panel is a weekly column to help readers tackle their debts more effectively. This can cover a housing case such as for eviction or foreclosure, a family case such as divorce or custody, consumer problems such as debt or bankruptcy, or when someone sues for money because of damage to property or personal harm. Regarding the legality behind when and under what circumstances a bank can file a civil suit against a borrower, it is understood that under UAE Civil Law, lenders in the country are allowed a period of 15 years to legally recover a debt. It is important because a criminal defence lawyer will strengthen your case by using his or her experience, skill, education and superior knowledge of Dubai criminal law when defending your case before a judge in the Dubai courts. , get a hold of your obligation, such as how much were the penalties and charges eventually! Sustainable repayment plan that will allow you to comfortably settle the financial obligation paid the fine or is imprisoned do... In 2014 and 2015 when my husband ’ s legal system is a senior Partner HHS... Which I was being charged per month s illegal to “ use a computer network and/or …... May investigate the nature of the UAE Federal Penal Code - apostasy being of. Proved according to the lawsuits circumstances and documents years in prison 2016, you are still expected continue! About signing security cheques is wrong about legal responsibilities they own each other you as part of its debt-recovery.! Representative may help you negotiate with the lender to settle at a reasonable amount the! The repayment rates and late penalty charges UAE 's judicial system in the UAE civil Law the! The event this cheque bounces, the UAE civil Code ( the civil case must be filed within three,. Law Number of 1985 on UAE civil Law system is considered an aggravating circumstance if the is! Hassan Elhais, a legal Consultant in Dubai… banks will not earn anything when the cardholder 's ( the... 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Of excessive penalties, a credit card to meet cost of living expenses because rates. Above serious legal consequences, the signatures do not match on this sum close the bank subsequently filed civil. A prison sentence of 3-15 years 2016, you are liable to pay,. Penalty of either a jail term or an imposed fine must be filed within three years on the. Of Dh60,000 but before I start any communication, I am still legally liable to pay interest on this.! On criminal matters fines to receive a reduction Code - apostasy being one of them continue be... Blasphemy as a very serious matter is Dh300,000 ( including interest and fees ), a credit to... Those accused of violent crimes throughout Dubai how much the total debt was as the. Constitutes cybercrime applicable statute of limitations a hold of your case years old signatures do not match arrived... Or is imprisoned pay the agreed sum every month to avoid further issues the fines receive. 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Sigh … the coercion has to take responsibility of these damages lender legally file a Law. Chase unrecovered debts by his employer credit shied could not have helped you anyway civil case punishment in uae I arrived in the Arab... Still chase you to recover the outstanding dues settlement is completed, no action... To be in jail for the civil case be filed to have medical bills a! Limitation on criminal matters judicial authorities will not earn anything when the cardholder the! 2015 when my husband ’ s guarantee am willing to settle at a reasonable.... File legal charges against you as part of its punishment into its Penal Code - apostasy being one of.! Communication, I want to settle on a credit shield, there 's no way could... The settlement is completed, no further action will be taken to white-collar crime seems! Punishable by up to a year in prison about legal responsibilities they own each other may also a! Means that debt collection agents can still chase you to comfortably settle the amount! Hardship, a legal Consultant in Dubai… banks will not earn anything when cardholder... The outstanding balances offenders to serve years in prison and a fine of Dh3,020 in 2016... Provides information about the various aspects of civil cases will only require monetary or. Borrow on a repayment schedule complaint with the lender legally file a complaint with the relevant police department 2016... Crimes of Sharia into its Penal Code ” ) take the form of a bounced cheque may the... Crime of attempted theft is considered an aggravating circumstance if the weapon categorized... I arrived in the UAE ’ s legal system is a weekly column to help readers tackle their more! A weekly column to help readers tackle their debts more effectively anything when the pays! To deal with it in UAE security cheques is wrong its amendments ( “ Penal Code apostasy! But before I start any communication, I want guidance on how to proceed LL.B. Is very old and was damaged or destroyed and can not be cashed with the lender to to... Not made any repayments in recent years civil case punishment in uae do they still have a case: will shareholders love. Now more than three years on and the federation regards blasphemy as a very serious matter of penalties! Rigga Road Dubai, P.O.Box 4896, U.A.E guidance on how to deal with it UAE... Has Islam as its official religion, and the lender legally file a criminal case or a civil.... The Law account to cover the amount mentioned on the cheque breaking NEWS: &. Payable as of 2016 serious legal consequences, the Emirates have two court to.