Theft Article Punishments
Join 1000's of Authors at StreetArticles Today!

The public prosecutor charges the accused with theft. The exception to this rule ids situation where theft is committed between siblings, parents and children or spouses, and no third party rights accrue in which case the public prosecutor only charges the accused on the complaint of the other party. However, if the crime of theft between such relations was also accompanied by aggravating circumstances like carrying a weapon, or committing theft at night, the public prosecution has the discretion to proceed with charging the accused without any confirmation from the other party.

Attempted theft can be aggravated by the use of a weapon in order to steal and either cause bodily harm to the defendant or stop him from protecting or defending himself. The coercion has to b physical in nature for this to apply. The punishment for the crime of attempted theft by such methods carries a prison sentence of 3-15 years.

In case of carrying a weapon is considered an aggravating circumstance if the weapon is categorized a weapon by nature. If the accused carried a weapon during theft, and it is categorized as a weapon by use, it is considered an aggravating circumstance only if the intent of carrying it was to use it. Deciding carrying the weapon by use was for theft or not, is left for the discretionary power of the judge. The same rules apply to theft if committed during the night, in both cases; the intent of the accused is left to the discretion of the judge in addition to what constitutes ‘night time’.

Article 389 further details all cases which can aggravate the crime of theft which include committing theft in a place of worship, inhabited places like schools, banks, homes and all included within the boundary of a home, whether occupied or not, forcing entry into a place which has boundaries preventing the general public from entering, using the key without authorization, and any act that causes damage while entering for the purpose of committing theft. Committing theft on public or government transport or any transport used to service the public, stealing with a false identity, which is an additional crime of Falsification, theft by more than one person who agree to commit theft and are present at the scene of the crime, committing theft of any property belonging to the government as mentioned in article 5, and theft committed on cattle are all examples of aggravating circumstances.

Article 388 explains the crime of theft committed by a paid employee, not a volunteer, who steals from the employer at the place of employment. Such a crime carries punishment of 5-7 years.

Additionally, whosoever uses a car, or a motorbike or similar vehicle without permission or approval of the owner or who has the right to its use, shall be punished with imprisonment for a period not exceeding a year or a fine not exceeding AED 10,000.

Consuming food without payment, provided it’s the food he ordered, and provided that it is at a place licensed to provide such a service is not theft however it is considered a subsidiary crime to theft. The police can carry an investigation if the accused declines to pay and it depends on the merits of his argument whether he is made to pay or not.

Author: Mr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration.


Street Talk

No comments present
You May Also Like
Criminal Law About Finance
Banks and financial institutions are a part of everyone’s life. The financial relationship between a person and his bank is government by documents and agreements. In the event of loans, especially mortgages, this relationship is beneficial but can become complicated, especially when issue arises of default. If An individual with…
By:  in  Legal  >  Criminal Law   Jun 05, 2016  
0
  Likes: 0

Criminal Law About Fraud
Federal Law No.(3) For the Year 1987 on Passing Penal Code Article No.399: "Shall be punishable by confinement or by a fine any individual who, by using fraudulent practice, assuming a false name or quality, takes possession for himself or for others of any movable property or written instrument, or…
By:  in  Legal  >  Criminal Law   Jun 02, 2016  
0
  Likes: 0

Extradition: Conditional Requirement
Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that: 1. The crime must be considered an offense, be punishable in both countries and punishment must be imprisonment. 2. The crime that is the subject of extradition…
By:  in  Legal  >  Criminal Law   May 30, 2016  
0
  Likes: 0

Theft Article Introduction
Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code. Theft can only be committed on real movable property, which has value, monetary or otherwise, that belongs to another. Property is defined in the Civil Transactions…
By:  in  Legal  >  Criminal Law   May 24, 2016  
0
  Likes: 0

Cheques In the United Arab Emirates
Since a cheque is meant to replace money, people must have trust in it. Therefore the United Arab Emirates penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime. However, some requirements must be found in a…
By:  in  Legal  >  Criminal Law   Apr 18, 2016  
0
  Likes: 0

The Standard Indiana Criminal Bail Bond Process
There are procedures and routines that take place when you are bailing someone, or yourself, out of jail. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone…
By: Sarahbeth in  Legal  >  Criminal Law   Mar 25, 2016  
0
  Likes: 0

Criminal Law - Road Traffic Injury In the United Arab Emirates
Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation…
By:  in  Legal  >  Criminal Law   Feb 28, 2016  
0
  Likes: 0

The “scarlet Letter” Redux: Neo - puritanism And the Reemergence Of Shame Penalties
“Prisons are built with stones of Law. Brothels with the bricks of religion.” — William Blake [FN 1] “But Hester Prynne, with a mind of native courage and activity, and for so long a period not merely estranged, but outlawed, from society, had habituated herself to such latitude of speculation…
By: Richard Simons in  Legal  >  Criminal Law   Feb 17, 2016  
0
  Likes: 0

An Open Letter to Every Ambitious Junior Manager In the World From Your Mostdedicated Supporter, Me
Author's program note. In 1961 New York City went to work with a smile on its face and a can't-help-but-like-it rhythm on the brain. It was Robert Morse and the ensemble of "How To Succeed in Business Without Really Trying" by author Shepherd Mead and composer Frank Loesser. It is…
By: Makowski Piotr Dariusz in  Legal  >  Criminal Law   Jan 21, 2016  
0
  Likes: 0

Can You Successfully Challenge A Breathalyzer Test In Clearwater Fl ?
One of the most really serious arrest is driving under the the influence. If you happen to be arrested and formally charged the consequences are typically severe. Loss of your driving license, job and even being liable to criminal charges are just but a few of the possible consequences of…
By: paul empey in  Legal  >  Criminal Law   Dec 15, 2012  
0
  Likes: 0

Milwaukee Criminal Lawyer Helping the Clients With Best Skills
The lawyers are those who help in defending the individuals charged with criminal conduct. These lawyers even work for an organization on the whole. An individual charged of the crime can although defend him according to the court rules but it is more advisable to hire a criminal defense expert.…
By: jamesstew in  Legal  >  Criminal Law   Jan 21, 2014  
0
  Likes: 0

You Will Find Also Enhancements In Safety Based on the Publish
Last June, Google launched the 64-bit Chrome. Nevertheless, it had been only accessible within the browser's Canary and Dev channels. Come July, the beta channel went with the exact same factor. This time, the method is now accessible by way of a steady channel. Based on buy cheap adobe cs6…
By: jackjon in  Legal  >  Criminal Law   Oct 21, 2014  
0
  Likes: 0

When Is the Time Right to Approach An Accident Attorney Stockton?
As far as accidents are concerned, the ideal situation would be not having one at all. However, in many cases it is wishful thinking and quite often because of some rash, negligent, or even purposeful acts of some other entities you could have suffered injuries because of personal accidents. Whether…
By: jamesstew in  Legal  >  Criminal Law   Nov 26, 2013  
0
  Likes: 0

Parent Child Abduction In United Arab Emirates
The UAE is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which protects against the retention of children across international borders and seeks the return of children to their habitual residence. Nor is it a party to the Uniform Child Custody Jurisdiction…
By:  in  Legal  >  Criminal Law   Feb 28, 2016  
0
  Likes: 0

Extradition Article: Introduction
The head Interpol officer is elected by a two/third majority of the delegate. Each country has their own delegates in its country, the head Interpol officer is based in Lyon, France, he can remain in office for a period of 4 years, and can also be re-elected. The Interpol Notice…
By:  in  Legal  >  Criminal Law   Feb 28, 2016  
0
  Likes: 0

Article Views: 816    Report this Article