Forgery cases in the UAE are considered serious crimes that threaten trust in both official and unofficial transactions. In UAE law, forgery is defined as the alteration of truth in a document by one of the methods prescribed by law, with the intent to use it as an authentic document, potentially causing significant harm to others.

Definition of Forgery Crimes in the UAE

A forgery crime in UAE law can be defined as changing the reality of an official or unofficial document through means specified by law, with the intent of using it in a way that suggests it is authentic, resulting in material or moral harm to others or the public interest. Forgery is a criminal offense aimed at misleading justice or achieving illicit gains, necessitating deterrent penalties to prevent its occurrence.

Elements of a Forgery Crime in UAE Law

A forgery crime consists of three fundamental pillars:

1. The Material Element: Involves altering the truth in a document through legally specified methods such as modification, addition, or deletion, leading to harm to third parties.

2. The Mental Element (Criminal Intent): Requires criminal intent, meaning the perpetrator intends to commit the act while knowing it is illegal, with the intent to use the forged document to cause harm.

3. The Legal Element: The existence of a legal text that criminalizes the committed act and defines the appropriate penalty.

Types of Forgery Cases in the UAE

Forgery cases are classified based on the nature of the forged document or object:

• Forgery of Official Documents: Involves documents issued by government entities or those of an official nature.

• Forgery of Unofficial Documents: Relates to private documents between individuals or non-governmental entities.

• Forgery of Seals and Signatures: Includes counterfeiting state seals or signatures of officials.

• Counterfeiting Currency and Stamps: Includes imitating or forging banknotes or postal stamps.

For further expansion on forgery cases, it is advisable to consult a specialized law firm such as Samaha Legal Consultancy, particularly one specializing in criminal cases within UAE courts.

Penalties for Forgery Cases in the UAE

Penalties vary based on the nature of the forged document and the gravity of the crime:

• Official Document Forgery: Punishable by imprisonment ranging from five to ten years.

• Unofficial Document Forgery: Punishable by confinement (jail) or a fine, depending on the circumstances and impact of the crime.

• Forging Official Seals and Signatures: Punishable by temporary imprisonment for no less than five years.

• Counterfeiting Currency and Official Stamps: Punishable by five to ten years of imprisonment along with a significant financial fine.

• Electronic Document Forgery: Treated strictly as a Cybercrime. Perpetrators face imprisonment and fines reaching thousands of Dirhams. It is recommended to seek help from a specialized cybercrime lawyer at Samaha Legal Consultancy.

• Forging Educational Certificates: Punishable by imprisonment and fines, especially if used to obtain a job or an undeserved benefit.

Additionally, the court may order the confiscation of tools used in forgery. Penalties are aggravated if the perpetrator is a public official who exploited their position to commit the crime.

When are Forgery Cases Dismissed in the UAE?

The Crimes and Penalties Law specifies instances where a case or penalty may be dropped:

1. General Pardon (Article 148): Issued by the President, rendering the crime non-existent and dismissing the case and penalty finality.

2. Failure of Legal Elements: The crime is not established if any of its basic pillars (material, mental, or legal) are missing.

3. Duress or Execution of a Legal Order (Article 57): A person is not criminally liable if they executed a legal order from a superior while adhering to the law.

4. Loss of Cognition (Article 62): Exemption from liability if the person lacked cognition due to insanity or intoxication by duress.

5. Statute of Limitations (Prescription): Dismissal after a certain period passes without prosecution, varying between misdemeanors and felonies.

Effects of Case Dismissal vs. Penalty Dismissal

• Dismissal of the Crime: Removes all penal effects (conviction/judgment), erases the crime from the criminal record, and stops all judicial proceedings.

• Dismissal of the Penalty: Means the crime is proven, but the penalty is not executed due to prescription (passing of time) or a special pardon.

Forgery cases are among the most dangerous crimes affecting public trust. This has driven UAE legislators to establish strict texts and deterrent penalties. Seeking a specialized criminal lawyer, such as at Samaha Legal Consultancy, is the most vital step in protecting your rights and achieving the best possible outcome under Federal Law. Contact Us Samaha