Introduction
The UAE has been a prodigy of the phenomenal changes for maintaining the balance of safe and protective environment at an individual as well as at an institutional level. Following the same gradation, UAE has announced amendments to the UAE Penal code (Law no. 3 of 1987) by Emiri Decree No. 7 of 2016. This article shall highlight the major amendments brought in and their impacts.
Major Amendments and their Impacts
| Article No. | Old Provision | New Provision | Impact |
| 5 |
The definition of a public official is provided in this article. It shall include all the persons as mentioned in the list provided in this article any other person who perform works related to public services. |
The new provision broadens the definition of “Public Official” by including the persons working with the judiciary and security apparatus and employees of companies which are wholly or partly owned by the local or the federal Governments. The fine for the crimes committed by public official shall not be more than AED 500,000. |
Larger category of persons will now be included in the purview of the Penal code. The higher limit for imposing fines on public officials found guilty is increased to 10 times, which shall now enforce companies in becoming proactive to restrict their representatives from committing any crime. |
| 227 |
Any public official or a person entrusted for public services shall be liable to punishment of temporary imprisonment if he found guilty of willfully harming properties of public office or of any third party entrusted to such public authority. |
Imprisonment and fine up to AED 10,000 or either of them shall be imposed if a Public official is found guilty of harming public properties or the properties of public office or of any third party entrusted to such public authority. |
The new provision expands the scope of punishment to include the public funds and properties. Accordingly, a public official shall be extra cautious in handling the public properties and funds. |
| 234 |
Article 234 provides for a penalty of temporary imprisonment to a public official who accept any form of gifts or reward for performing or refrain from performing a part of his duty. |
The amended provision closes the loopholes existed in previous provision. It now provides for prosecution of foreign nationals. |
This amendment has bought UAE laws in line with international laws to prosecute persons guilty of bribery or misappropriation of public funds. |
| 238 |
A convict of bribery shall be liable to pay a fine of at least AED 1,000. |
As per the amended provision the convict is liable to payment of fine of at least AED 5,000. |
Increasing the minimum fine by 5 times will discourage people into involving into bribery. |
Conclusion
The amendments to the UAE Penal code clearly reveals lawmaker’s intolerance towards any act of bribery or misappropriation of public funds. UAE being the business hub and a signatory of the United Nation’s treaty is against corruption and maintains a zero-tolerance policy towards any harm to public funds or property. Any public official involved in harming public property or property of a third party shall prepare himself for hefty fines and imprisonment. The stringent punitive provisions shall help UAE to achieve its objective of safety of public money and assets and prohibit bribery and misappropriation of public funds in any form.
