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The law governing crimes and their penalties in the United Arab Emirates is Federal Decree No. 31 of 2021 (UAE Criminal Law).
The UAE Penal Code came into force on January 2, 2022, repealing and repealing the previously applicable Penal Code, Federal Law No. 3 of 1987.
What is premeditated murder?
The UAE Penal Code defines “premeditation” as predetermining an act in order to commit a crime against someone and obtaining precisely the necessary means to carry out the act.
Article 384 of the UAE Penal Code stipulates that those who kill intentionally will be sentenced to life imprisonment. That said, Article 384/2 of the UAE Penal Code further clarifies that if murder is premeditated and deliberate, the penalty is the death penalty. Deliberate is understood as waiting a long time for a person in one place or several places in order to kill the person by any act of aggression.
The death penalty also applies where the murder is connected or connected with another crime, or if the murder was committed against a public official or a person who held public office during the murder. If murder is carried out using toxic or explosive materials, the death penalty will be imposed even then.
Articles 384 and 385 of the UAE Penal Code provide as follows.
“Article 384”
- Whoever intentionally kills shall be sentenced to life imprisonment.
- The death penalty shall be imposed if the murder is premeditated and deliberate, or in connection with or in connection with another crime, or if the murder is against any descendant of the offender, or against a public official or designee. Public service, during or in the course of performing duties or services, or using toxic or explosive materials.
- If, at any stage of the proceedings, the blood feud heir waives his right to retaliate against “Qisas” or until execution is complete, to a term of not less than seven (7) years of provisional imprisonment.
“Article 385”
Premeditated means predetermining the act of committing a crime against anyone and obtaining precisely the means necessary to carry out that act.
Deliberately means to wait long or short in one place or several places to kill or attack a person in any act of aggression. “
unintentional killing
In some cases, the perpetrator did not intentionally kill, but caused physical harm or assault on the victim, resulting in the victim’s death. In this case, Article 387 of the UAE Penal Code may apply.
Article 387 of the UAE Penal Code states that any person who causes bodily harm to another in any way with no intention of killing the victim, but the attack results in the death of the victim, will be sentenced to a term not exceeding 10 years.
These circumstances will be considered aggravating if there is premeditated or intentional involvement, or if the crime is related to another crime, or if the victim is a public official or the use of any toxic or explosive substance.
It is important to note that if the perpetrator was intoxicated or intoxicated and the victim died of bodily harm, then this would also be considered an aggravating circumstance.
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