President His Highness Shaikh Khalifa Bin Zayed Al Nahyan has decreed changes to the UAE Penal Code that boost the country’s anti-corruption legislation.
The penal code is now more wide-ranging than before, covering both foreign and domestic acts of bribery. The decree covers both the public and private sectors, as well as international organisations.
The amendments to the penal code, which take effect immediately, have brought anti-corruption regulations in the UAE more in line with other jurisdictions, with the inclusion of foreign public officials.
The penal code provisions now also apply outside the UAE’s territory, to any person who commits any of the bribery offences set out in the code, if the criminal or victim is a UAE citizen or if the crime is committed by an employee of the public or private sector of the UAE, or if it involves public property.
Under the changes, Article 82 of the penal code now reads: “The court may, upon issuing a conviction for a crime or misdemeanour, confiscate the things and money seized as a result of the crime, or which have been used or intended to be used in the crime, without prejudice to the rights of bona fide third parties.
If the manufacture, use, possession, sale or offering for sale of said things is considered to be a crime in itself, the court shall order their confiscation in all cases, even if such things are not owned by the convict.
If any of the things or funds provided for in the first paragraph of this article cannot be seized, or cannot be ruled out for attachment due to the rights of third parties, the court shall issue a ruling to a fine equivalent to its value at the time of the crime.
Pardons
Article 201 states that pardon shall be granted to any offender involved in one of the crimes provided for in this chapter, who informs judicial or administrative authorities of the commission of any crime before its detection; however, if he informs them after detection of a crime, the court may exempt him from punishment if the information leads to the arrest of the other offenders.
Under article 201 repeated, the Court shall — at the request of the public prosecutor — decide to commute or replace the penalty with a fine of not less than Dh100,000 and not exceeding Dh10 million, or to exempt those who have been brought to the judicial or administrative authorities for any crime related to any external or internal security or crimes which is considered an offence against state security in the penal laws, when it leads to the disclosure or the perpetrators or prove they committed the crime or capture one of them.
The Attorney-General alone shall request the court before which the case shall be brought, to apply the clause in the preceding paragraph, if the request relates to the supreme interest of the State or any other national interest. If a judgement is issued in the case, the attorney general may submit the request to the court that issued it before or during execution.
Bribery law amendments
Article 225 states that a term of imprisonment shall be inflicted upon any public official who has obtained or attempted to illegally obtain, for himself or for another person, profits or benefits from any of his duties.
Article 234 stipulates a prison term shall be imposed upon any public official or person assigned to a public service, or a foreign public official or official of an international organisation who demands or accepts a bribe, solicits or accepts for himself or for another person, any gift or privilege of any kind, or any promise thereof, in return for the performance of an act or its omission in breach of his duties.
This now means that the relevant bribery provisions apply to foreigners and entities engaging in acts of bribery.
Prison term
According to article 237 of the Penal Code as amended, a prison term not exceeding five years shall be handed down to whoever offers a public officeholder or person entrusted with a public service, or a foreign public official or official of an international organisation, a gift or advantage of any kind or promise of any such things, in return for doing or refraining from doing any act in breach of his duties.
Article 257 of the code says an expert who is appointed by a judicial authority in a civil or criminal action, and who knowingly resolves a matter contrary to the truth, shall be punished by a prison term of at least one year but not more than five years, and shall be precluded from being an expert in future.
The expert shall be sentenced to imprisonment for term if his duty involves a crime.
Provisions of the preceding two paragraphs shall apply to an interpreter who wilfully translates incorrectly in a civil or criminal action.
Provisions of Article (255) shall apply to the expert and the translator.
Article 255 states pardon from a penalty shall be granted to:
A witness who — if he tells the truth — may suffer serious damage which affects his freedom or honour, or may endanger his wife, even though they are divorced, or any of his predecessors or descendants, siblings or in-laws at the same degree of relationship.
A witness who divulges before the courts his name, surname and nickname when he is not supposed to give his testimony as a witness, and who has been warned that he may abstain from testifying if he wishes to do so.
In both the preceding cases, if a perjury subjects a person to criminal prosecution, he shall be punished by imprisonment for a period of at least six months.
At least five-year jail term shall be inflicted if the offence is inextricably linked to or connected with the crime of forgery or the use of a false document or a forged copy of an official document, according to article 225 of the Penal Code.
Article 235 states a prison term shall be imposed upon any public official or person assigned to a public service, or a foreign public official or official of an international organisation, who requests or accepts, for himself or for another, a gift or advantage of any kind In return for doing a work that he wrongly believes or claims as a function of his job or to refrain from doing it.
Under article 236, in the application of the provisions of articles 234 and 237 of this Law, arbitrators, experts and fact-finding experts shall be deemed to be public officials within the limits of the work entrusted to them.
Article 280 states that whoever escapes after being arrested, detained or placed under electronic surveillance in accordance with the law shall face a prison term of not less than two years.
The same penalty shall be imposed in the preceding paragraph for anyone who has been subjected to electronic surveillance by virtue of a decision or judgement which by any means obstructs the remote monitoring device, which tracks the person’s place of residence or absence from the place of residence specified in the decision of the Public Prosecution or the competent court.
A prison term of at least a year and a fine ranging between Dh20,000 and Dh30,000 shall be inflicted if the electronic monitoring device is partially or completely damaged. The offender shall pay the cost of the damaged devices.
Classified information
Article 170 of the changed Penal Code, any of the following shall be considered secrets of the nation’s defence:
1. Military, political, economic, industrial, scientific or social security-related information or other information, which are unknown except to persons who have such a capacity by virtue of one’s position or status, and which the interest of the country’s defence requires that it remain undisclosed to others.
2. Correspondence, written instruments, documents, drawings, maps, designs, pictures, coordinates, and other things whose disclosure might lead to divulging information such as those referred to in the preceding clause, and which the interest of the country’s defence requires that they shall remain classified to persons other than those who are assigned to preserve or use them.
3. News and information related to the armed forces, the Ministry of Interior and security services as well as their formations, manoeuvres, ammunition, supplies, personnel and other things affecting military affairs, and war and security plans, unless written permission to publish and announce such things has been issued by competent authorities.
4. News and information related to measures and procedures which are adopted to detect crimes provided for in this chapter, and arrest of culprits as well as news and information related to the investigation and trial proceedings, if the announcement thereof, is prohibited by the investigation authority or the competent court.
SOURCE : GULFNEWS