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LEGAL CONSEQUENCES OF FALSE REPORTS AND ACCUSATIONS IN THE UNITED ARAB EMIRATES

Submitting bogus police reports, concocting complaints, and leveling baseless accusations carry significant legal repercussions in the United Arab Emirates (UAE). This discussion delves into the regulatory framework, consequences, and dangers associated with such actions within the UAE's legal system. Dubai: The below article underpins the importance of adequately and consciously filing a police complaint against any person. The UAE does takes very seriously any wrong accusation filed for any reason and supports the rights of the claimant as well as the accused. Defining a False Accusation or Report A false accusation or report involves claims that are deliberately false or misleading. They primarily fall into three (3) categories as stated in the Federal Law by Decree No. (31) of 2021 (as the “Law”): 1.      Non-occurrence of the said event: The incident reported never took place. 2.      Incorrect attribution to the said event: The incident happened, but an innocent party is wrongfully accused. 3.      Misrepresentation of the said event: The incident occurred but was inaccurately portrayed or misunderstood. An unverified or speculative complaint does not automatically mean its false; there must be evidence of intentional deceit or misrepresentation for a report to be considered false. UAE Laws on False Accusations and Reports The UAE criminal code encompasses several statutes addressing false claims and reporting: ·        Article 324 of the Law states that, anyone who unknowingly reports non-existent or false accidents, hazards, or crimes to judicial or administrative authorities may face a penalty of up to six (6) months of imprisonment of a fine. ·        Article 325 of the Law states that, anyone who unknowingly or dishonestly informs judicial or administrative authorities that someone has committed a punishable act, whether criminal or administrative, may face imprisonment and or/a fine. This applies even if no formal charges are filed. Similarly, those who falsely attribute physical evidence to a crime or knowingly cause legal action against an innocent person will be punished. The severity if the penalty depends on the seriousness of the falsely reported crime, with matching penalties if the false report results in the same punishment as the crime reported. Addressing False Charges Though the Law doesn’t specifically say the below mentioned, victims of fraudulent accusations should promptly seek a criminal defense attorney in the UAE. Proving willful deceit rather than just inaccurate information is the key. Valuable evidence may include: ·        Witness testimonies ·        Audio and video recordings ·        Digital documentation The decision to prosecute lies with police and prosecutors, contingent on evidence strength and the falsehood's impact. Other Legal Remedies for the Wrongfully Accused Apart from criminal proceedings, those affected by unfounded claims may seek: ·        Civil Litigation – For financial restitution covering reputation damage, legal costs, emotional distress, etc., with the burden of proof on a “balance of probabilities.” ·        Defamation Actions – If false claims have caused reputational damage and were disseminated to others. Options for legal recourse should be evaluated with a seasoned UAE litigator. Legal Consequences of False Reporting in the UAE Treatment protocols under the law are designed with flexibility, allowing for necessary interventions while prioritizing consent and patient involvement. The confidentiality of treatment, especially for addiction, is protected, encouraging individuals to seek help without fear of legal repercussions. This provision is particularly impactful, breaking down barriers to treatment and fostering a culture of openness and support. Legal Framework and Penalties ·        Common Penalties: A penalty of incarceration for a period not exceeding six (6) months and/or a fine shall be imposed pursuant to Article 324 of the Law. ·        Accidental Misreporting: Mistakenly providing incorrect information is not a crime unless there is an intentional effort to deceive. ·        Online False Reporting: Fabricating claims through digital platforms is equally punishable, mirroring the legal risks of traditional false reporting. ·       Steps for the Wrongly Accused: Immediately consult with a UAE-based criminal lawyer, compile pertinent evidence, and explore legal avenues such as damage claims or defensive strategies. In Conclusion Fabricating false complaints and allegations seriously undermines the integrity of the UAE's justice system. It's crucial for individuals to exercise responsibility in making accusations and to refrain from baseless claims. The community plays a vital role in countering the spread of fraudulent reports, both online and offline. Through careful consideration and truthfulness, individuals can safeguard themselves and contribute to the welfare of their community. ALKETBI TOUCH: Our team of professionals can guide you in the best way to file your complaints and can offer valuable insights into the opportunities and challenges presented by the new regulatory landscape. Our guidance supports you in selecting the best structure to regain your rights and compensation whether via criminal or civil way. Let us know if any wrongdoing has happened so we take the matter forward!

THE UAE LEADS WITH PIONEERING MENTAL HEALTH LAW: A NEW DAWN FOR WELLNESS

In a revolutionary step in mental health care; The UAE has positioned itself at the forefront of mental health innovation with the implementation of Federal Law No. 10/2023, a piece of legislation that marks a paradigm shift in the approach to mental health care Dubai: This law not only recognizes the importance of mental health but also lays down a robust framework for the assessment, treatment, and care of individuals with mental health conditions, underpinning the nation's commitment to fostering a supportive and inclusive society. Deep Dive into the Mental Health Law The law's introduction is a critical development, signifying a holistic approach to mental health that transcends traditional care models. Article 1 of the law defines 'Mental Health' as a holistic state of well-being, emphasizing psychological and social stability that empowers individuals to achieve their goals and overcome life's adversities. 'Mental Disorder' is meticulously defined, acknowledging conditions that impact mental faculties and diminish individuals' ability to function in social, occupational, or educational capacities, or that cause significant distress. The term 'Psychopath' is introduced with sensitivity, referring to individuals diagnosed with mental disorders according to global psychiatric standards. Envisioning the Objectives With a clear set of objectives outlined in Article 2, the law aims to organize and refine interactions between individuals with mental disorders and society at large. It stresses the provision of high-quality medical care, the protection of rights and dignity, the reduction of the negative impacts of mental health issues, and the encouragement of community participation of those with mental health conditions. These goals underscore a shift towards a more inclusive, understanding, and patient-centric approach to mental health care. Licensing, Registration, and Oversight Mechanisms A significant aspect of the law is the introduction of licensing requirements for mental health services under Article 4, ensuring they adhere to predetermined standards. This, coupled with the establishment of a registry for individuals with mental health conditions, aims to standardize care and maintain high-quality service provision. Article 6 provides for the Control and Follow-up Committee, introduced in each Emirate, plays a pivotal role in overseeing the implementation of the law, from compulsory admissions to treatment approvals and compliance checks, ensuring a balanced and rights-respecting approach to mental health care.Additionally, Article 8 emphasizes the need for prompt decision-making by the Committee and grants authority to the director of the Mental Health Facility to take action if the Committee's decision is delayed. Empowering Patients through Rights A cornerstone of the law is the comprehensive outlining of patient rights under Article 9 to Article 11, from the right to informed consent and involvement in therapeutic plans to the protection of civil liberties and privacy. Special provisions are made for minors, taking into account their age and psychological state, thus ensuring that the most vulnerable are safeguarded. The establishment of a Patients’ Rights Committee under Article 12-15  is a testament to the law's commitment to uphold these rights, offering a recourse for complaints and grievances. Admission, Treatment, and Care Protocols The law meticulously details the procedures for both voluntary and compulsory admissions, emphasizing the respect for patient autonomy and the conditions under which compulsory care may be necessitated. The introduction of compulsory outpatient therapeutic care is a novel approach, allowing for continued treatment in a less restrictive environment, thus balancing the need for care with respect for personal freedom. Enhancing Treatment and Confidentiality Treatment protocols under the law are designed with flexibility, allowing for necessary interventions while prioritizing consent and patient involvement. The confidentiality of treatment, especially for addiction, is protected, encouraging individuals to seek help without fear of legal repercussions. This provision is particularly impactful, breaking down barriers to treatment and fostering a culture of openness and support. Legal Framework and Penalties The law does not shy away from establishing a strict legal framework to protect individuals with mental health conditions from abuse, neglect, or exploitation. Penalties for violations are clearly defined, ranging from fines to imprisonment, underscoring the seriousness with which the UAE views the protection of individuals with mental disorders. In Conclusion The introduction of Federal Law No. 10/2023 represents a forward-looking approach to mental health care in the UAE, one that prioritizes the rights, dignity, and well-being of individuals with mental health conditions. By establishing a comprehensive framework for care, the law not only addresses current needs but also lays the groundwork for future advancements in mental health care, ensuring that the UAE remains a beacon of innovation and inclusivity in the field. ALKETBI TOUCH: Our team of professionals is can offer valuable insights into the opportunities and challenges presented by the new regulatory landscape. Our guidance not only helps companies mitigate risks but also enhances their reputation and competitiveness in the market. If you request further guidance or you have concerns and queries, Let us know!

UAE SETS THE STANDARD: PIONEERING E-COMMERCE LEGISLATION FOR THE DIGITAL AGE

The UAE has accepted the digital age by abrogating the Electronic Transactions and E-Commerce Law (Federal Law No 1 of 2006) and enacting Federal Decree-Law No. 14/2023 on Trading by Modern Technological Means (as the “E-Commerce Law”), issued in December 2023. This E-Commerce Law reforms online buying and selling, making it easier for businesses to trade digitally. Retailers must follow the rules set by this law when selling things online to customers in the UAE. Dubai: This E-Commerce Law not only recognizes the importance of the digital world in today’s economy but seeks to protect consumers and deepen their confidence in online transactions above all. The United Arab Emirates (UAE) stands as a beacon of digital innovation and economic growth in the Middle East, with e-commerce playing a pivotal role in shaping its business landscape. E-Commerce Growth Trajectory The UAE's e-commerce sector has witnessed exponential growth over the past few years, driven by high internet penetration rates, a tech-savvy population, and robust digital infrastructure. According to recent studies, the UAE's e-commerce market is expected to reach significant milestones in revenue, with an annual growth rate projecting a bright future for online trade. Scope and Regulation This E-Commerce Law places a strong emphasis on safeguarding consumer interests, ensuring that intellectual property rights are preserved for transactions conducted via modern technology. Additionally, it implements strong technological security measures to guarantee secure transactions and oversees the processes for refunds and exchanges of goods and services. Essentially, it legalizes trade conducted through modern technology means, making it similar to traditional trade methods. The E-Commerce Law covers the sale and purchase of goods, services, and relevant data through technological platforms such as websites, e-platforms, social media, and apps. It applies to both digital and physical goods and services obtained through modern technology or platforms. 1.      Criteria for E-Commerce Traders: In accordance with Article 5 of the E-Commerce Law, E-Commerce Traders have to meet the following standards and criteria: ·        Possess legal capacity. ·        Complying with all legal, regulatory, professional, and technical requirements. ·        Obtaining necessary approvals, permits, and licenses from competent authorities for conducting business via modern technology means. ·        Maintaining a secure technology infrastructure to support e-commerce services. ·        Adhering to cybersecurity requirements and standards specified by the competent authority to ensure secure browsing and purchasing for consumers. 2.      Goods and Services: Articles 6 to Articles 10 of the E-commerce Law sets out the privileges afforded to consumers during online transactions, such as the entitlement to safe purchases, transparent advertising, and accessible avenues for grievance resolution. Article 7 specifies the circumstances under which consumers can request returns of goods or services, thereby ensuring clarity regarding consumer rights and facilitating the resolution of disputes. This provision strives to create a just and safe space for consumers engaged in e-commerce endeavors. To make the process more transparent for the consumer, the E-Commerce Law states that the businesses must comply with conditions and requirements regarding promotional and marketing campaigns. They are obligated to provide customers with detailed digital invoices for purchases made through technological means. It is important to note that deceptive practices or false information regarding the goods or services sold on these platforms are strictly prohibited. Furthermore, Digital traders are permitted to sell only goods and services that are legally approved for trade in the UAE. They must refrain from selling any goods or services that require special approval from the competent authority until such approvals are obtained. 3.      Obligations of thew E-commerce Trader : Articles 11 to 15 of the E-Commerce Law provides for obligations of an e-commerce trader include providing insurance coverage for trading-related risks, adhering to recommended terms and conditions, complying with legal liabilities, ensuring contracts have the same binding force as traditional trading, offering logistics services according to specified requirements, and facilitating digital payments in accordance with legal standards and without imposing unauthorized fees on consumers. 4.      Other Provisions: Articles 16 to 20 of the E-Commerce Law establishes supervision and control mechanisms, assigning responsibilities to the Ministry and the Competent Authority to oversee implementation and address violations. 5.      Article 19 provides for imposition of administrative penalties for violations, which shall be jointly prepared by the Ministry and the Competent Authority. Article 20 authorizes the Cabinet, in coordination with the Minister, to issue necessary regulatory decisions for implementing the law. This new E-Commerce Law aligns with the UAE’s strategic direction for digital transformation and aims to foster a robust e-commerce ecosystem in the country. If you’re planning to establish an online business in the UAE’s mainland, you’ll need to apply through the Department of Economic Development (DED) in the respective emirate. Driving Factors Behind the Surge There are multiple reasons behind the rapid growth and expansion of e-commerce in the UAE. These reasons could include: ·        Digital Infrastructure: The UAE boasts a world-class digital infrastructure, facilitating seamless online transactions and robust cybersecurity measures. ·        Government Initiatives: Government-led initiatives aimed at digital transformation and smart governance have significantly boosted the e-commerce sector. ·        Consumer Preferences: A shift in consumer preferences towards online shopping, fueled by convenience, variety, and competitive pricing, has played a crucial role. Consumer Protection: A Cornerstone of E-Commerce Success This emphasizes on the importance of safeguarding consumer rights and interest in the realm of e-commerce are below mentioned: ·        Consumer protection measures in the UAE have been instrumental in building trust between consumers and online merchants. The emphasis on transparent transactions, data privacy, and consumer rights ensures a safe and reliable e-commerce environment. ·        Transparency and Trust: Regulations mandating clear product descriptions, fair pricing, and honest advertising practices have bolstered consumer confidence in online shopping. ·        Data Privacy Laws: Stringent data protection laws safeguard consumer information, a critical aspect considering the rise in cyber threats. Challenges and Solutions While the e-commerce sector in the UAE is on an upward trajectory, it faces challenges such as logistical hurdles, cross-border trade regulations, and the need for continuous digital innovation. The UAE government and private sector are collaboratively addressing these issues by improving logistics networks, simplifying trade laws, and investing in technology. The Future of E-Commerce in the UAE The future of e-commerce in the UAE looks promising, with ongoing investments in digital infrastructure, AI, and blockchain technology poised to further revolutionize the sector. Additionally, the focus on sustainable and eco-friendly business practices is expected to shape the next phase of e-commerce growth in the region. In Conclusion The UAE's e-commerce sector is a testament to the country's vision for a digital-first economy. With a solid legal framework for consumer protection, state-of-the-art digital infrastructure, and a forward-looking approach to challenges, the UAE is setting a global benchmark in e-commerce. As the sector continues to evolve, keeping abreast of changes in consumer behavior, technology, and regulatory landscapes will be crucial for businesses aiming to succeed in the UAE's dynamic digital marketplace. ALKETBI TOUCH: Our team of professionals is can offer valuable insights into the opportunities and challenges presented by the new regulatory landscape. Our guidance not only helps companies mitigate risks but also enhances their reputation and competitiveness in the market. If you request further guidance or you have concerns and queries, Let us know!

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