/F2 240 0 R >> STA (the Firm) represents a group of internationally qualified counsels. w~�UOZ� ��7��t> ��*PxW5� T�5�B1���@xӑ����¥( \V.K �9��Er�i�C��ъX-8-t�Z���\���ʟn8m�4��&�! In October last year, Dubai introduced the new ‘data law’ which will allow the sharing of information between public sectors and for the benefit of the private…, Q1. Liabilities of Bail Guarantor under the UAE Criminal Law, The Law Surrounding Eavesdropping, and Privacy, Extension of Time in Construction Contracts, Implications of Bounced/Dishonoured Cheques under UAE Law, Key Decisions on Dubai Property Laws between 2009 and 2013 by Dubai Court of Cassation, ADCCAC - The Abu Dhabi Commercial Conciliation & Arbitration Center, Vessel Arrest - Overview of Dubai and UAE Laws, Att(H)ack - Anti Cyber Crime Law in Saudi Arabia, Registration and Importation of Pharmaceuticals in UAE. >> Article 356 - extra marital consensual sex, adultery. endobj - harrassment (sexual, and/or against females only? List of laws often searched for in the UAE. By doing so – recording the call without the other party’s consent or legal authorization (that has to be given by Public Prosecution, in advance, which in most cases is not easy to obtain), incurred the crime of breach of private life and was, eventually, convicted for the same. Article 380 of the Penal Code provides that anyone who opens correspondence without the consent of the intended recipient, or overhears a telephone call, also commits an offence. .n�M���d ���&�ނV)֍4С� /Pages 2 0 R From the layman’s point of view, it might be difficult to explain two key points related to this topic: the first question would be why is eavesdropping, recording or transmitting not permitted or why is it considered a crime; and the second would be the reason why the recording can’t constitute an appropriate mean of proof. An elucidation of this article would imply that a person who has manipulated or deceived someone by … /F5 249 0 R Taking photos in restricted areas can result in one to three months in jail or a fine of up to Dh5,000. stream /F4 246 0 R It is also important to refer that, in its last paragraph, the article 378 of the Penal Code also states that “the devices and other objects that may have been used in perpetrating the crime shall, in all cases, be confiscated and an order shall be given to erase all relative recordings and destroy the same.” x^�][�m9m~�_я@�����-H�r�2UT^a�@fr�¯ϲd/���y�ٝ��j���˖dI�d�˗��|�bn�����?�#�������~���~�m���W�_��e���ȯ��b��x3���~�;?��;���?�s����g/���y5�V��g���P��l]����W�;���l����o�5�[���}z���7_?���>{��R��f�{�����֗r����
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����|ߟ�������lf�j�[~��/�������͘��:_g��ݺL��'�g��[�t�Ϫ��f� Can you please advise me on what…, “Fraud and deceit abound in these days more than in former times”1 This new offence will target company insiders (or service providers) unlawfully dealing in personal data. /Kids [ 3 0 R 6 0 R 9 0 R 12 0 R 15 0 R 18 0 R 21 0 R 24 0 R 27 0 R 30 0 R 33 0 R 36 0 R 39 0 R 42 0 R 45 0 R 48 0 R 51 0 R 54 0 R 57 0 R 60 0 R 63 0 R 66 0 R 69 0 R 72 0 R 75 0 R 78 0 R 81 0 R 84 0 R 87 0 R 90 0 R 93 0 R 96 0 R 99 0 R 102 0 R 105 0 R 108 0 R 111 0 R 114 0 R 117 0 R 120 0 R 123 0 R 126 0 R 129 0 R 132 0 R 135 0 R 138 0 R 141 0 R 144 0 R 147 0 R 150 0 R 153 0 R 156 0 R 159 0 R 162 0 R 165 0 R 168 0 R 171 0 R 174 0 R 177 0 R 180 0 R 183 0 R 186 0 R 189 0 R 192 0 R 195 0 R 198 0 R 201 0 R 204 0 R 207 0 R 210 0 R 213 0 R 216 0 R 219 0 R 222 0 R 225 0 R 228 0 R 231 0 R ] /Type /Pages Lord Coke could have been talking just as easily about the modern day. STA Law Firm Limited is a company incorporated pursuant to Abu Dhabi Global Market Companies Regulations. Article 1 - Definitions In the implementation of the provisions of this Law, the following words and expressions shall have the meanings assigned against each unless the context requires otherwise: State: The United Arab Emirates. Firm’s Luxembourg and Moscow offices are regulated by the jurisdictional regulations. /MediaBox [0 0 612 792] Article 378 of the Penal Code, which was last amended by Federal Law No 34 of 2005, explains when somebody is violating the law. “A person shall be punished by detention and the fine if he prejudices the privacy of the individual or family life by committing any of the following acts other than in the events as permitted by law or without the consent of the victim: a. to eavesdrop, record or transmit by any device of any kind whatsoever conversations in a private place or by way of telephone or any other device. 3 of 1987 (the code was passed on December 8th 1987, published in the official gazette on … Article 378 of the Penal Code, which was amended by Federal Law No. (7) of 2016 which stated : Shall be sentenced to detention for a term not exceeding one year or a fine, to whoever came to his knowledge that a crime has been perpetrated and abstains to … The case went to the court of the first instance, where defendant girl failed to prove the consent given to her for posting such picture and was held liable for the crime and was sentenced under Article 378 of UAE Penal code for violating someone's privacy. 2004) Page 5 3. It is important to note that, in fact, in both cases recordings would not be admissible as evidence against the offender in court - it should be stated that the law prohibits the record of sound or image of a person without his consent or without legal authorization. “Under article 269 of the Law of Criminal Procedures, a conclusive judgment passed on the merits of a criminal action (whether relating to acquitting or convicting), will have probative (to seek proof or evidence) force or effect by which the criminal courts are bound. Jekyll’s finger patterns remain the same when he transforms himself into Hyde.” Article 344 - kidnapping. @���>��D����-�?��j��eybg�b_wl}�Kެ��]ˡ�`��+��7�ح;ب��`(%�'(v�
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[�a�`V߃(v��D3 �E��[lەŎ�s����r�m�2����I@��ܯ�|�lm��B�Z��N��MȀ�mhboA�k�qjլRY�xk��M�m���6j�`���4�����W7{������ ��G6k��+ةR�)t���~a ��4$��"��/a�18��C���g�E�>�#;v��C�!�z����@n�چ�Ԁ����|�����}� l��0�8\�b��q+��f���������²B��Y��}Ł�):%[7�d+�l3���CM�����JĤZn6Aa���̹SX#R�Ť$k��Hba�P��X�� Article 257 is an amended provision of the UAE Penal Code that exposes arbitrators and experts (amongst others) to criminal sanctions for failing to perform their duties. /Length 9163 3 of 1987), there are a number of offences listed that includes a number of defamation and privacy offences. 2 0 obj Such probative effect is restricted to the facts necessarily determined for the purposes of passing judgment therein, with regard to the occurrence of the physical act forming the basis of criminal liability, its legal description, and the attribution thereof to the doer.”1, Law on Artificial Intelligence and Robotics (8), Law on Consumer Protection in Dubai and UAE (1), Laws surrounding Aerospace and Aviation (13), Trademarks - Registering Colour Marks (7), Travel ban vs. Deportation order - UAE Criminal Laws, Tenancy Law of Abu Dhabi and its Amendments, New UAE Commercial Companies Law: Detailed Insight and Review, Bail Fail? << Although it was recorded in a public place, the bodies of the victims were shown as well as the wreckage of the vehicle, a clear disregard for the privacy of those involved. So if you have recorded, have been the victim, witnessed and filmed or by any means captured some act or fact, whether it constitutes a crime or not, and you are not too sure whether you should use it or not, do not hesitate ... consult your lawyer! Article 379 of the UAE Penal Code allows for the use or disclosure with the consent of the person to whom the secret pertains. 來�I�P� ��˾N���
e�u:tU�k8�M��w�C$2��sM�@�M3A���T-����aq��gR� ���י������ � >> (1) of 1972 Concerning the Functions of the Ministers, the Powers of Ministries and the laws amending it,. /F1 237 0 R /Img2 236 0 R Post our meal, we suffered from a terrible bout of food poisoning. << According to Article 378 of the UAE Penal Code, taking photos and videos of people without their consent is invading their privacy. >> And, despite this trivialization being in most of the cases useful, the fact is that might be cases that it became a problem for the person who shot them. Arbitration in the UAE has developed considerably over the past 20 years, with the UAE establishing itself as a leading hub for arbitration in the region. Article 378 of the UAE Penal Code clearly states that taking a person’s picture without their consent is considered an invasion of that person’s privacy. Furthermore, it is interesting to highlight that in the second case, the video became public because of its public disclosure and hence the violation of the privacy is more obvious, however, even if it had been only shown to the police - as in the first case, both will be considered crimes. If we look into a 2011 decision issued by the Ras Al Khaima’s Court, we will verify that a woman has been sentenced to one month in jail – that has been suspended – and a fine of AED 200/- (UAE Dirhams two hundred), for having revealed and given to police that she has recorded a telephone conversation in which a man who she had hired and paid to provide her a service confessed he didn’t do so, despite having received the full payment. /Img1 235 0 R �5�b� C6>� �� << 3 0 obj Article 10 The aims of the Union shall be the maintenance of its independence and sovereignty, the safeguarding of its security and stability, defence against any aggression upon its ON ISSUANCE OF THE PENAL CODE We, Zayed Bin Sultan, President of the State of the United Arab Emirates, Having taken cognizance of the provisional constitution, Federal Law No. /PageMode /UseNone Continue reading this interesting article to understand the nuances and legal effects…, I'm sure someone has told you, "I have an idea"! >> /Parent 2 0 R • The penalty specified in article (274) of the UAE Penal Code, Federal Law No. ��m��m�m�Su�zv��.��OpP�����7��R��{3�#F��'�o1�T�@�"O�v���
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�Z��*�k�c���-&� /F3 243 0 R “Don’t bite your nails”. Under article 340 of the Penal Code abortion is illegal in the United Arab Emirates except where a woman's life is at risk or the unborn child has a genetic condition that will prove to be fatal. ), indecent acts. This however may affect personal or private matters of others. b. to take or transmit by any device of any kind whatsoever a photo of a person in a private place…” If such acts as set forth in the preceding cases during a meeting in front of those present at the meeting, the consent of such persons shall be presumed. And it should be noted that most of the times the person who commits the crime does not know that he is participating in a criminal offense that can lead to detention and fine in addition to the ever-present possibility of a civil action for damages and compensation. (1) of 1972 concerning the functions of the Ministers, the powers of Ministries and the laws amending it, Article 378 (and 379?) Advancement in field of technology, social media and phone apps may lead younger generation to eavesdrop, resort to clicking images or videos and post them on social media. /PageLayout /SinglePage …, Register your Email ID to subscribe to Court Uncourt. “Don’t talk whilst your mouth is full”. /Font << /ProcSet [ /PDF /Text ] We, Zayed Bin Sultan, President of the State of the United Arab Emirates, Having taken cognizance of the provisional Constitution,. Until the construction of the Union Capital is complete, Abu Dhabi shall be the provisional headquarters of the Union. And when someone has an idea that is (or is believed to be) great’ the question is - how can…, “Don’t interrupt when someone else is speaking”. The camera in such circumstances will be confiscated and the recordings destroyed, but the photographer maybe has to pay a fine. The Firm has a presence across the UAE and its branch in the Emirate of Abu Dhabi (regulated by Abu Dhabi Judicial Department). No official English translation of Article 257 is available. Federal Law No. /Type /Page “Fingerprints cannot lie, but liars can make fingerprints. >> 7/2016 dated 18/09/2016, and became as follows: 34/2005 dated 24/12/2005, and by virtue of Article 1 of Federal Law No. Minister: Minister of Social Affairs. 3 of 1987, concerning the United Arab Emirates Penal Code as amended by the Federal Law No. According to Article 378 of UAE Penal Code, taking photos and videos of people without their consent is invading their privacy. A sexual harassment charge was added to federal law, building on an existing charge of “breaching the modesty of a woman” which only applied to women and acts of public sexual harassment. It is also important to refer that, in its last paragraph, the article 378 of the Penal Code also states that “the devices and other objects that may have been used in perpetrating the crime shall, in all cases, be confiscated and an order shall be given to erase all relative recordings and destroy the same.”. Article 359 (and 358?) If the publication involves news, pictures or comments related to the secrets of the private or family life of persons even if they are true, the punishment shall be detention for a period not exceeding one year or by a fine not exceeding ten thousand dirhams, or both (Article 378, UAE Penal Code); finally, you may also be punished by detention for a period of at least three months or by a fine of at least five … endobj The case is now presented in the court of appeal, and the judgment is still pending. The worker was arrested or a fine 7/2016 dated 18/09/2016, and by virtue of Article 1 of Decree-Law... 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