Publications / Family Law


family law

|

October 19, 2017

|

2036 views


Free Download
Guide through Family Court Proceedings
Get in touch
How to book an appointment
Appointing
How to appoint a lawyer

UAE Family Matters: Husband Files Complaint About Brother's Offensive Email

Question: Last year my brother sent me an email in which he swore at my husband. My husband recently discovered this email and lodged a complaint against my brother at a Dubai police station and now the case has gone to court. I would like to know: can the case be dropped if my brother apologises to my husband in court?

Answer: It appears that your husband lodged a complaint under article 20 of the Law 5 of 2012, which states that "without prejudice to the crime of slander determined by Islamic Sharia, [an offender] shall be punished by imprisonment and a fine not less than Dh250,000 and not in excess of Dh500,000 or either of these two penalties whoever insults or accuses another person of a matter of which he shall be subject to punishment or being held in contempt by others, by using a computer network or an information technology means. If a slander or insult is committed against a public official or servant in the course of or because of his work, this shall be considered an aggravating factor of the crime". However, article 10 of the Criminal Procedure Law states that a complaint is not accepted after three months has elapsed "from the day of victim's knowledge of the crime and the criminal, unless otherwise stipulated by the law". By successfully lodging the complaint, it seems that your husband managed to prove to the court that he had no knowledge of the defamatory email for the year since it was sent and that he then reported the matter within three months of him knowing about it. By virtue of Article 16 of the Criminal Procedure Law, the complainant may relinquish, or drop, the complaint at any time before a final judgment is issued but the acceptance of such a request is at court's discretion.

Want to know more?
Then talk to us.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

Anil Relwani
Manager, Luxury Real Estate

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Contact Me







Main Menu

Contact Me