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criminal law

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February 04, 2017


UAE Legal Q&A: Would you have a Criminal Case Because of Fraud?

Question: I have been accused of cheating an individual out of a large sum of money. He said I cheated him because I gave him a false name. I did give him a different name, but that is the only reason he has for accusing me of fraud. Would he have a case in court?

Answer: UAE Criminal Law Article No 399/1 states that a fine or detention will be issued "upon anyone who seizes, for himself or for another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender". To constitute fraud, the act has to lead to the deception of the victim, which leads them to surrender the money. That you gave a different name should not constitute an independent crime unless the court believes this was the reason the victim handed ver the money. In a similar case at Dubai Supreme Court, using a different name alone was not enough for the accused to be considered guilty.

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