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

12 April 2024

Manasi Dicholkar

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!