Under Federal Law by Decree No. (31) of 2021, types of crimes in UAE law are divided into three main categories: felonies, misdemeanors, and infractions. Each type is defined by the severity of the penalty prescribed, making it important for an Emirati to grasp these distinctions.
In this blog, we’ll explore what differentiates a felony from a misdemeanor, how infractions are classified, and what penalties are typically associated with each type of crime.
The Three Types of Crimes in UAE Law
UAE law classifies crimes into three distinct categories: felonies, misdemeanors, and infractions. The classification depends on the penalties associated with the offense, which range from minor fines to severe punishments like life imprisonment or the death penalty.
1. Felonies: The Most Severe Crimes
Felonies represent the most serious category of crimes in the UAE. These offenses carry the harshest penalties, reflecting the gravity of the acts committed. Under UAE law, a crime is classified as a felony if it is punishable by any of the following:
- Qisas Penalties: These are retributive penalties, such as the death penalty for murder, based on the principle of “an eye for an eye.”
- Death Penalty: Reserved for the most heinous crimes, this is the ultimate punishment under UAE law.
- Life Imprisonment: Imposed for crimes deemed extremely serious, where the offender is sentenced to spend the rest of their life in prison.
- Temporary Imprisonment: This refers to a significant term of imprisonment, though not for life.
Felonies are typically associated with crimes that pose a serious threat to individuals or society, such as murder, terrorism, and large-scale fraud.
2. Misdemeanors: Less Severe but Still Serious
Misdemeanors are considered less severe than felonies but are nonetheless serious offenses that can lead to substantial penalties. A crime is classified as a misdemeanor if it is punishable by one or more of the following:
- Imprisonment: Though less severe than the life imprisonment associated with felonies. Misdemeanor-related imprisonment can still have a significant impact on the individual’s life.
- Fines Over AED 10,000: Any crime resulting in a fine exceeding AED 10,000 is categorized as a misdemeanor.
- Diya: This refers to the financial compensation paid to the victim or their family, particularly in cases of accidental death. The standard Diya for manslaughter is set at AED 200,000, but this amount can be modified by the Cabinet upon the Minister of Justice’s recommendation.
Misdemeanors might include crimes like minor assaults, smaller-scale thefts, or property damage.
3. Infractions: Minor Offenses
Infractions are the least severe category of crimes under UAE law. These minor offenses are usually punishable by lighter penalties, reflecting their lower level of severity. An infraction is characterized by one or both of the following penalties:
- Custody: Short-term confinement ranging from 24 hours to a maximum of 10 days. The convicted individual is held in a designated facility for the duration of this penalty.
- Fines Not Exceeding AED 10,000: Infractions can also result in a monetary penalty, but the fine cannot exceed AED 10,000.
Infractions typically cover minor violations such as traffic offenses, public disturbances, or breaches of local regulations.
Determining the Type of Crime
The type of crime is not only determined by the nature of the act but also by the prescribed penalties. If a crime is punishable by a fine or Diya in addition to another penalty. Its classification is determined by the more severe penalty. This means that if a misdemeanor is punished with both a fine and imprisonment, the imprisonment will dictate its classification.
It’s important to note that if a court decides to impose a lighter penalty due to legal excuses or extenuating circumstances. The original classification of the crime remains unchanged unless specified by law.
Why Understanding These Classifications Matters
Knowing the difference between a felony, misdemeanor, and infraction under the types of crimes in UAE law can have significant implications, especially in legal proceedings. These classifications determine not only the severity of the punishment but also the legal strategies that may be employed in defense or prosecution.
If you’re unsure about the classification of a crime or the penalties involved. It’s advisable to consult with a legal professional. At BSB Legal Consultants, our experienced lawyers in Dubai are well-versed in criminal law and can provide the guidance you need.