The criminal act of theft is characterized as the physical confiscation of an item that can be stolen from the owner without his or her consent and with the aim of denying the proprietor of it for all time. The intention of the accused is to keep the property with him or has an aim to decimate it, sell it, or desert it in conditions where the owner won't find it.
The law of UAE and most other laws around the globe discriminate between theft and robbery on the terms of how both the acts were committed. Robbery is similar to theft; yet different as it is a commission of theft accompanied with a violence act or force in order to ensure the escape from victim's house or place. Additionally, the punishment surrounding both the crimes vary as robbery involves use of force or violence, its punishment is usually harsher as compared to theft. In both the events, victims are advised to seek legal assistance from top Criminal Lawyers of Dubai to determine the procedure for filling a complaint against the accused and the sort of documents required to establish the crime against the accused.
The procedure under the Law
UAE Penal Code (Federal Law number 3 of 1987) sets out the crime of theft in its literal sense and the punishment for the same, under Articles 381-398. The Penal Code classify theft into two broad categories that is simple and aggravated theft and as the term suggest the former is simple in nature and is considered as a misdemeanor, whereas the latter involves usage of weapons or force and is certainly punished with imprisonment which may be for life.
Simple theft is not as simple as it seems and can result into an imprisonment for a minimum period of one year or fine. In addition, a simple theft can be one committed at the place of worship, dwelling, in any means of transport, on a injured war survivor, on a person carrying cattle, driving someone else's car without permission or misappropriating any government services such as telephonic or electric lines.
On the other hand, an aggravated theft could be
- A theft committed with the use of weapons and such weapon was used to injure the victim and the punishment for this crime can be for a maximum period of 15 years;
- Theft committed at night; with two or more individuals; usage of arms and weapons; by personification as a public servant; usage of threat are some circumstances wherein the accused can be penalized by life imprisonment;
- Theft committed by an employee during employment hours and it may involve imprisonment for a maximum period of seven years.
UAE criminal law suggest to file the criminal complaint before the nearest police station or to seek legal assistance of the Best Lawyers in Dubai for filing criminal complaint against the accused and to follow up with the public prosecutor monitoring the criminal complaint and to fetch him relevant documentation and evidences in order to seek favorable criminal judgment against the accused.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.