Theft is said to occur when the intentional misappropriation of property happens. Theft is thus commonly defined as “the action or crime of stealing, in which a person intentionally takes personal property of another without permission or consent and with the intent to convert it to the taker's use”.
‘Theft’ under the UAE laws is governed pursuant to the provisions of the Federal Law No. 3 of 1987 promulgating the penal code and its amendments (‘UAE penal code’). Pursuant to articles 399 and 405 of the UAE penal code, the crime of theft is said to occur when intentional misappropriation of property happens with the intention to own property.
Provisions of the penal code governing theft:
Article 405
Shall be subject to a jail sentence for a term not exceeding two years or to a fine not exceeding twenty thousand Dirhams, whoever knowingly misappropriated, with the intention to own, a lost property owned by someone else or if the said property was in his possession by mistake or by force majeure.
Article 399
Shall be subject to a jail sentence or to a fine, whoever succeeds in appropriating, for him or for others, movable property, a deed or a signature thereon, cancellation, destruction or amendment thereof through deceitful means or use of false name or capacity, whenever this leads to deceit the victim and have him give away shall be sentenced to the same penalty, whoever disposes of an immovable or movable property being aware that it is not his property, that he is not entitled to dispose of it or disposes of it knowing that he previously disposed of, or contracted, it whenever such act of disposition causes prejudice to others.
Should the object of the crime be the property or a deed belonging to the State or tone of the bodies mentioned in Article 5, this shall constitute an aggravating circumstance. An attempt shall be punished by a jail sentence for a term not exceeding two years or a fine not in excess of twenty thousand Dirhams. When condemning the recidivist to a jail sentence for a period of one year or more, the court may order putting him under control for a maximum period of two years, provided it does not exceed the period of the adjudicated penalty.
Punishment for Theft:
Depending on the classification of the theft crime either as a “simple theft” or an “aggravated theft”, the crime would be considered either a ‘misdemeanor’ or a ‘felony’ respectively. The punishments imposed in the instance of simple theft, maybe jail of one year or a monetary fine, while aggravated theft may impose a higher penalty of imprisonment from two years to even up to fifteen years.
In the instance the crime is considered as a felony, then the following punishments could apply based on the intensity of the felony. For example, theft with use of deadly weapons and causing injury to others can warrant an imprisonment sentence of fifteen years; theft is committed during the night and with the use of weapons can warrant an imprisonment sentence of seven years or more; theft committed by an employee during the term of this employment can warrant a sentence of five to seven years of imprisonment (Article 388 ) and a life term imprisonment may also be imposed if an aggravated theft is committed one or more armed persons together (Article 389).
The intention of the person while committing the crime is particularly taken into account by the Courts when deciding the intensity of the punishment. That said, the motive is often immaterial while establishing the crime, but it could be taken into consideration subject to the discretion of the court while deciding the punishment. In other words, committing the crime of theft due to dire need or circumstances will not absolve a person from the crime and they would be held guilty even when there is lack of particular motive.
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