Criminal Cases in Law

Criminal Cases in Law | Law Firm and Legal Consultants with Strong Expertise in the UAE

If you are facing a criminal accusation in the UAE, the situation does not tolerate delay or reliance on general legal knowledge.
You need a law firm and legal consultants in the UAE specializing in criminal cases, capable of moving swiftly within a precise legal framework and possessing a profound understanding of criminal procedures and courts.

Choosing a specialized law firm like Samaha can make a significant difference in achieving the outcome you seek.

Why You Need a Specialized Criminal Law Firm in the UAE

Seeking a specialized law firm is a necessity rather than a luxury for several critical reasons:

1. Complexity of Criminal Laws and Procedures

Criminal laws in the UAE undergo continuous amendments. Most notably, Federal Decree-Law No. 38 of 2022 regarding the Criminal Procedural Law, which came into effect on March 1, 2023. This law modified various procedures such as remand in custody, travel bans during investigations, and plea bargain agreements. Furthermore, the Public Prosecution is the sole authority empowered to initiate and move criminal proceedings until they are referred to the courts.

2. Significant Legal and Punitive Risks

Criminal cases can lead to severe penalties, including imprisonment, heavy fines, travel bans, or even capital punishment for serious crimes like homicide or terrorism. Therefore, immediate professional legal representation is essential to protect your rights, ensure an effective defense, and submit motions in a timely manner.

3. Dealing with Public Prosecution and Criminal Courts

Criminal investigation procedures include police summons, interrogation (sometimes without a lawyer initially), preventive detention, bail applications, and contesting detention extensions.

4. Defense Strategy and Prevention

The role of a criminal lawyer is not limited to court representation. It involves crafting a defense strategy that begins at the investigation stage, including evidence collection, document examination, summoning experts, raising legal objections, and negotiating with the prosecution when applicable.

Definition of a Criminal Lawyer

Criminal law and its branches are among the most sensitive legal areas, requiring absolute precision from every criminal lawyer.

A criminal defense lawyer must approach each case based on the ethics and traditions of the legal profession, including:

  • Full and total commitment to the Code of Conduct for the Legal Profession.

  • Upholding the professional oath that mandates ethical behavior during practice.

  • Maintaining core values: Sincerity, trust, honesty, due diligence, and absolute confidentiality, which are the pillars of criminal defense.

If you need to consult with a law firm, contact Samaha Legal Consultants in the UAE.

Steps to Choosing the Right Law Firm in the UAE

To ensure an effective defense, follow these steps:

  1. Identify the Nature of the Charge: Determine if it is a misdemeanor, a major felony, an economic crime, money laundering, or a financial crime. Seek a firm with specific expertise in that category.

  2. Verify Licensing and Eligibility: According to Federal Decree-Law No. 34 of 2022, the lawyer must be registered, licensed, and authorized to represent clients in criminal cases.

  3. Review the Firm’s Track Record: Inquire about previous criminal cases handled by the lawyer, the results achieved, and the legal challenges overcome.

  4. Understand the Fee Structure: The firm should clarify its fees—whether hourly, flat-rate, or contingency-based (where applicable)—and any additional costs like expert fees or translations.

  5. Evaluate Responsiveness: In criminal law, every hour matters. Choose a firm that excels in immediate legal action and inspires confidence in defending your rights.

When to Seek a Criminal Law Firm?

Legal systems categorize phenomena into various branches, primarily:

  • Civil Law: Handled by a civil lawyer.

  • Criminal (Penal) Law: Specializes in all types of crimes and felonies, which is the domain of the criminal lawyer.

When a person faces a case governed by the Penal Code, consulting a specialized criminal lawyer becomes paramount. Upon contacting the lawyer, a confidential session is held to review the case’s full details. Based on this, the lawyer provides advice and defines the necessary legal steps, from representation before the Court of First Instance through to Criminal and Penal Courts.

This includes drafting defense memos, summoning witnesses, presenting evidence, and pleading for mitigating circumstances or legal dismissals that serve the client’s best interests.

In light of the complexities of criminal cases and their varying penalties, relying on specialized legal expertise is indispensable. Choosing a law firm with strong criminal expertise in the UAE, such as Samaha, grants you the correct legal support and a professional defense built on an accurate understanding of criminal legislation. Contact Us.

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The role of the lawyer in Protective Composition Against Bankruptcy in the UAE

The role of the lawyer in Protective Composition Against Bankruptcy in the UAE

Protective Composition Against Bankruptcy in the UAE offers debtors a chance to deal with their financial difficulties. It gives them a grace period to reorganize their financial affairs according to a well-studied plan under judicial supervision, without having to enter liquidation procedures.

What is Protective Composition Against Bankruptcy in the UAE?

Protective composition against bankruptcy in the UAE is a legal procedure that takes place in cases of potential bankruptcy or financial distress. Through this process, the debtor seeks to reach a settlement with their creditors before reaching a state of full bankruptcy. Protective composition in the UAE involves creating a financial plan to reschedule debts and restructure the debtor’s financial situation. This gives the debtor a chance to continue their business or recover their financial position under judicial supervision without the need for full liquidation or declaring bankruptcy.

In UAE law, protective composition aims to help the debtor reach an agreement with creditors to settle debts according to a financial plan.

This plan is supervised by the competent court with the involvement of a composition trustee who helps prepare the necessary plan and ensures its fair implementation.

The protective composition procedure prevents the debtor from declaring bankruptcy and helps them maintain their commercial activity and business continuity, provided they fully execute the plan with the majority of creditors’ approval. Who is Entitled to Apply for Protective Composition Against Bankruptcy in the UAE?

In cases of financial distress for a trader, financial institution, or company, a request for protective composition can be filed with the bankruptcy administration to avoid full liquidation of the debtor’s assets. Article 192 of the UAE Federal Law, which regulates financial and bankruptcy provisions, addresses this.

The request for protective composition can be submitted by the debtor or a composition trustee appointed by the court.
The request is the first step in the composition process and must include several essential details that help the court fully study the situation and make appropriate decisions.

The request must include the terms of the debtor or the trustee regarding the method of debt settlement and financial reorganization.
It should also include a flexible repayment plan with a clear schedule to ensure financial obligations are met. A recent list of creditors and the exact amounts of their debts must also be attached to avoid any confusion.

Providing these documents greatly helps in assessing the debtor’s ability to meet their financial obligations and assists the court in determining the feasibility and practicality of the plan.

What are the Steps to Apply for Protective Composition Against Bankruptcy ?

UAE bankruptcy law is based on organizatio,  Articles 193 to 196 detail the legal procedures for requesting a protective composition, from submitting the application to the court to the final approval and implementation stage.

These steps include:

  1. Submitting the Request to the Bankruptcy Administration: The request must include the proposed composition terms, a report on the bankruptcy case and its procedures, and comprehensive information about the creditors and their outstanding balances.
  2. Notification of Parties: The bankruptcy administration notifies all relevant parties about the request within ten days of its submission.
  3. Meeting of Creditors: Within ten days of notifying the creditors, the trustee calls a meeting to discuss the proposed composition terms.
  4. Submission of the Trustee’s Report: If the request comes from the debtor, it must be accompanied by a report from the trustee containing their observations on the settlement terms, which is attached to the invitation.
  5. Court Approval: After the meeting, the trustee must notify the bankruptcy administration of the creditors’ approval or rejection of the terms within ten days. If approved by the creditors, the court ratifies the composition ten days after the notification and records the decision in its official records.
  6. Enforcement of the Settlement: The resulting settlement becomes binding on all creditors who approved it, as well as those who rejected it or did not attend the meeting. This ensures that the terms agreed upon by the majority of creditors are implemented.

You can handle the procedures for this protective composition in a legal, fast, and organized way by contacting the Samaha Law Firm for Legal Consultations.

What is the Role of a Lawyer in the Protective Composition Process in the UAE?

A lawyer plays a fundamental role in the protective composition procedures, for both the debtor and the creditors. A specialized lawyer, such as one from the Samaha Law Firm, helps ensure that the procedures are carried out legally and effectively.

Here is a breakdown of a specialized lawyer’s role:

  • Drafting and Filing the Request: A lawyer drafts the request for protective composition and submits it to the bankruptcy administration, along with all the required documents. The Samaha Law Firm provides very effective assistance in completing these procedures.
  • Providing Legal Consultation: A lawyer gives legal advice to the debtor about their available legal options and oversees the drafting of the composition terms to protect their client’s rights. The Samaha Law Firm provides all necessary and appropriate legal consultations.
  • Negotiating with Creditors: The lawyer negotiates with creditors to present settlement terms that are suitable for all parties.
  • Following Up on Procedures: The lawyer provides complete follow-up on all legal procedures to ensure that all parties comply with the decision.
  • Ensuring Rights are Protected: A specialized lawyer, like those at the Samaha Law Firm, ensures that all parties, both the debtor and creditors, have their full legal rights in the composition process.
  • Preparing Legal Reports: The lawyer prepares the necessary legal reports for submission to the court or the bankruptcy administration.
  • Coordinating with the Trustee: The lawyer coordinates with the composition trustee to ensure that the terms of the settlement are implemented correctly.
  • Managing Negotiations: The lawyer manages negotiations with the relevant parties to ensure a satisfactory agreement is reached, preventing liquidation.
  • Guiding the Debtor: The lawyer advises the debtor on future steps that may be necessary to avoid returning to bankruptcy.
  • Monitoring Plan Execution: A specialized lawyer follows up on the execution of the agreed-upon composition plan to ensure the debtor adheres to the payment schedule and that funds are distributed to creditors as previously agreed.

With the help of the Samaha Law Firm for Legal Consultations, you can complete all the procedures for requesting a protective composition in a clear and legally sound manner. Contact Us.

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Appeal in compensation cases in the UAE

Appeal in compensation cases in the UAE | Samaha

The law grants the right to compensation to anyone who has suffered material or moral damage due to a person, action, or event. However, the value of the compensation awarded by a court judgment may not be accepted or approved by the injured party. In this situation, appealing compensation cases in the UAE to re-evaluate the compensation is the legal path to follow.

This article will provide you with information on appeals in compensation cases in the UAE and how to handle them.

Appeals in Compensation Cases in the UAE

It is clear that a judge has the authority to settle lawsuits and the power to assess judgments, which is one of the most positive aspects of the judiciary’s role. It is also certain that judges have been granted a role in assessing judgments related to appeals in compensation cases in the UAE, with the goal of rectifying the damage caused. However, this role is limited in some respects, as the judge must rule within the bounds of full compensation in accordance with the law.

It is important that the compensation is fair enough for the damage incurred, but it is not always necessary to adhere to full compensation, as this depends on the nature of the case. Therefore, the judge’s authority in compensation cases is restricted, not absolute. Sometimes, they must seek the assistance of experts and specialists to estimate the amount. If the judge does not adhere to this, their judgments are subject to appeal, which allows those harmed by the ruling to appeal the compensation case in the UAE.

It is important to note that compensation lawsuits include various types of damages, including material, psychological, and moral harm. According to Article 282 of the Civil Transactions Law, anyone who causes damage to another must compensate for it. The laws also grant the right to guarantee and compensate for moral damage that affects reputation, freedom, and honor, as per Article 293 of the Civil Transactions Law. In many cases, the value of the compensation estimated by the judge may be considered unfair to the injured party, who then has the right to appeal the compensation case in the UAE.

The Court of Appeal begins its review of appeals in compensation cases in the UAE and decides on challenges against judgments that are legally appealable. For example, compensation cases issued by various primary civil, commercial, labor, real estate, enforcement, criminal, and labor courts. However, there are some situations where compensation judgments cannot be appealed if the amounts requested are less than the minimum threshold specified by law. This can only be done in exceptional cases defined by law, which permit an appeal even if the amount is below the minimum threshold.

These exceptions may arise if there is a violation of jurisdiction rules or a procedural invalidity that affected the judgment. Therefore, if you need a specialized lawyer to file an appeal in a compensation case in the UAE, you can contact Samaha Law Firm.

Cases of Appeal in Compensation Cases in the UAE

When submitting a notice of appeal against a judgment issued by a Court of First Instance to the Court of Appeal, there are limits that must be observed. According to Article 66 of the Federal Law No. (11) of 1992 concerning the Civil Procedure Law, litigants must submit the appeal request in compensation cases within the specified threshold within a period not exceeding fifteen days. Otherwise, there are many cases that allow for an appeal against compensation judgments issued by the Courts of First Instance. Below are some examples of appeal cases in compensation:

Appeals in Labor Compensation Cases in the UAE

Appeals in labor compensation cases in the UAE result from a problem between an employee and an employer, which may lead to the employee demanding compensation.

Labor compensation is granted in cases of arbitrary dismissal, breach of contract, or injuries sustained by the employee while performing their duties. Based on this, the labor court imposes compensation that the employer must pay to the employee for the damage they incurred, without exaggerating or underestimating the compensation. The employee or the employer has the right to appeal the compensation case in the UAE if either of them is dissatisfied with the compensation amount.

Appeals in Compensation Cases in the UAE for Failure to Implement Personal Status Court Judgments

In some cases, the court may impose compensation on a divorced person. For example, if a father is denied the right to see his daughter during the visitation period, causing him moral and material damage. In such cases, an appeal can be filed for compensation for non-implementation of a visitation judgment to modify the value of the compensation issued by the court.

It can be said that appeals against compensation judgments vary depending on the diversity of compensation cases that span various laws.

Appeals in Compensation Cases in the UAE for Fights and Assault, or Even Verbal Abuse and Defamation.

Appeals in Compensation Cases in the UAE Resulting from Trespassing on the Sanctity of Private Life, or Compensation Related to Victims of Cybercrimes.

In addition, there are some cases of appeal in compensation cases in the UAE, where a statement of appeal is filed against a compensation judgment for abuse of the right to litigate. Accordingly, the cases of appeal in compensation in the UAE are diverse and each case requires a lawyer specialized in the type of lawsuit for which compensation is sought.

It is important to mention that Samaheh Law Firm includes a large elite group of expert lawyers specializing in various branches of law, especially in appeal cases for compensation. They offer many services in this regard, including providing consultations, drafting a civil judgment appeal petition, in addition to representing clients in appellate court sessions.

If you need any consultation regarding appeals in compensation cases, you should contact Samaheh Law Firm immediately,via WhatsApp or phone +971544447773.

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The Role of a Legal Consultancy Firm in Sharjah

The Role of a Legal Consultancy Firm in Sharjah Specialized in Threat Cases

When facing threats, you can obtain detailed legal advice from Samaha, a Legal Consultancy Firm in Sharjah with profound expertise in criminal law.

In a society striving for absolute security and stability, you may occasionally encounter psychological or physical threats that impact your life or safety.

In such moments, the role of Samaha becomes indispensable to ensure your rights are fully protected before the competent judicial authorities.

The Concept of “Threat” under UAE Law

A threat is defined as an intentional act aimed at intimidating another person with physical or moral harm. UAE law deals with threats strictly in all their forms to protect individuals and society from extortion and illegal pressure.

The UAE legal framework covers all types of threats, whether direct or indirect, verbal or written, and via traditional or electronic means.

Types of Criminalized Threats in UAE Law

UAE Law identifies several types of threats classified as punishable crimes:

  • Physical Threats: Threatening a person with bodily harm. Penalties include jail time or temporary imprisonment depending on the severity.

  • Financial Threats: Extorting a person for large sums of money in exchange for not harming their assets or property. Penalties include imprisonment and fines.

  • Defamation Threats: Threatening to disclose information or publish false news. Penalties include jail time or fines.

  • Social Media Threats: Threats made via digital applications or platforms. Penalties include temporary imprisonment and fines reaching up to AED 500,000.

How to Choose a Legal Consultancy Firm in Sharjah for Threat Cases

When selecting a legal consultancy firm in Sharjah for a threat case, the goal is not just to find a lawyer, but a specialist experienced in criminal litigation. Below are the standards to consider, which are fully met by Samaha:

  1. Expertise in Criminal and Threat Cases: The firm must have a proven track record of handling detailed threat-related litigation.

  2. Knowledge of Federal and Local Laws: Deep familiarity with UAE Federal Law, such as the Federal Crimes and Punishments Law (No. 31 of 2021) and the Cybercrime Law.

  3. Proven Success Record: Reviewing past cases where the firm secured acquittals or reduced penalties builds confidence in their defense capabilities.

  4. Communication and Negotiation Skills: Many threat cases can be resolved through negotiation or settlement before reaching court; thus, strong negotiation skills are a major advantage.

  5. Valid Licensing in Sharjah: Ensure the firm is registered and licensed to practice before Sharjah’s criminal courts, police, and Public Prosecution.

  6. Professional Reputation and Confidentiality: These matters involve honor and reputation, making Samaha the ideal choice due to its esteemed reputation and guarantee of absolute confidentiality.

Legal Services Provided by Samaha in Threat Cases

When you engage Samaha, our team provides specialized services that integrate to ensure a robust defense:

  • Initial Legal Consultation: Assessing your legal standing, evaluating the possibility of a claim or defense, and advising on negotiation vs. filing a complaint.

  • Evidence Collection and Preliminary Investigation: Gathering threat messages (texts, voice recordings, emails) and summoning witnesses.

  • Filing Official Reports: Submitting formal reports to the police or Prosecution using precise legal language to strengthen your position.

  • Representation before Public Prosecution: Defending you during investigations, submitting legal memos, and contesting detention orders.

  • Criminal Court Defense: Drafting legal arguments, cross-examining witnesses, and requesting additional evidence.

  • Appeals and Cassation Litigation: Following the case through higher courts to correct or overturn initial judgments.

  • Settlement and Mediation: Resolving disputes out of court through legally binding terms, ensuring guarantees or compensation.

  • Legal Commitment Agreements: Compelling the perpetrator to sign a court-sanctioned pledge of non-interference with clear penalties for violations.

Practical Steps to Follow if Threatened in Sharjah

To ensure the strongest legal position, follow these steps immediately:

  1. Document the Threat Instantly: Save messages, record calls, take screenshots, and note the time, place, and witnesses.

  2. Contact Samaha Immediately: Send the evidence to our specialized team to determine the next legal move.

  3. File a Police Report: Identify the type of threat (verbal, written, or electronic) and submit the report at the competent department accompanied by our legal team.

  4. Request a Restraining Order: In cases of ongoing threats, a temporary judicial order can be requested to prevent the perpetrator from contacting or approaching you.

  5. Review Evidence and Follow Up: Samaha monitors the investigation process to ensure it follows due legal process.

  6. Court Representation: Our firm represents your file before the judiciary until a final verdict is reached.

  7. Execution of Judgment: Ensuring all court-ordered measures—whether criminal penalties or compensation—are fully implemented.

In light of the UAE’s strict stance on threats, seeking a specialized legal entity like Samaha is a decisive step in protecting your rights. From documentation to judicial representation, our expertise in criminal law makes a significant difference in the outcome of your case, ensuring justice and preserving your dignity and security. Contact Us.

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Child Support After Divorce in UAE

Child Support After Divorce in UAE: Filing & Requirements

How Much is Child Support After Divorce in the UAE? The question of child support after divorce in the UAE is one of the most pressing concerns for parents during the dissolution of a marriage.

It stems from a deep desire to ensure a dignified and stable life for their children, The new UAE Personal Status Law places the child’s best interests above all else, establishing fair rules that guarantee rights to food, clothing, education, housing, and entertainment, aligned with the father’s financial capacity without prejudice.

However, the value of child support after divorce in the UAE remains flexible, subject to the court’s discretion based on factual data such as the father’s income, his obligations, and the changing needs of the children.

In this article, we will clarify the details of UAE law regarding average amounts, cases where support continues or legally ceases, and how Samaha Legal Consultants in the UAE can help you secure a fair judgment that protects your children’s future.

What is the Amount of Child Support After Divorce in the UAE?

Child support after divorce in the UAE is a primary right guaranteed by the new Personal Status Law. The father is legally obligated to bear all his children’s expenses after divorce, as determined by the Sharia Court, taking into account his actual income and the child’s basic needs.

According to UAE law, child support includes:

  • Food and beverages

  • Clothing

  • Housing

  • Educational expenses

  • Medical treatment expenses

  • Entertainment and activities

There is no fixed or static value enforced in all cases. Instead, child support after divorce in the UAE is calculated based on the family’s economic circumstances and the father’s monthly income. Based on current cases and court precedents, the amount often ranges between AED 1,500 to AED 3,000 per month per child. However, this percentage may increase or decrease depending on the husband’s income, the number of children, and the specific living conditions of each family.

Factors affecting the estimation of support:

  • The father’s net income.

  • The father’s other obligations (debts or supporting other dependents).

  • The child’s age, educational, and health needs.

  • The child’s place of residence (major city vs. rural area).

The court may request bank statements or salary certificates to ensure justice. For specialized legal assistance, you can contact Samaha Legal Consultants to handle these matters swiftly and accurately.

When Does Child Support Cease Under UAE Law?

While the law protects the right to child support after divorce in the UAE, this obligation does not last indefinitely. There are clear legal cases where support ceases:

For Males:

Support for a son ceases when he reaches 18 years of age (the legal age of majority), unless he is still a university student or unable to earn a living due to a permanent disability.

For Females:

Support for a daughter ceases in the following cases:

  1. Marriage: As the husband becomes responsible for her maintenance.

  2. Employment: If she obtains a job that provides a sufficient independent income.

Exceptions: Support does not cease simply by reaching a certain age if the son or daughter cannot earn money or is still under educational sponsorship. The father may submit a formal request to the court to drop the support, providing evidence such as graduation certificates or marriage contracts.

The Role of a Child Support Lawyer in the UAE

The role of a specialized legal representative, such as Samaha Legal Consultants, is crucial in ensuring a fair judgment and determining the accurate value of child support after divorce in the UAE. Their role includes:

  1. Providing Accurate Legal Advice: Explaining rights and obligations under the new UAE Personal Status Law.

  2. Preparing Claims and Legal Files: Drafting the statement of claim and attaching supporting documents professionally.

  3. Representation Before Authorities: Attending Family Guidance committees and Personal Status Court sessions on behalf of the client.

  4. Negotiation and Settlement: Aiming to resolve disputes amicably to protect the child’s interests and reduce conflict.

  5. Execution and Modification: Following up on court rulings and submitting requests to modify the support amount if financial circumstances change.

Frequently Asked Questions (FAQ)

Can the child support amount be modified after the ruling? Yes, either party can request a modification if living conditions or the father’s income change. Contact Samaha if circumstances arise that justify a change.

Does support include school fees and medication? Yes, it covers education, medical expenses, and entertainment, not just food and clothing.

Is support different for daughters? No, child support after divorce in the UAE does not differ between males and females; it is calculated based on the actual needs of the child.

Ultimately, child support after divorce in the UAE remains a fundamental moral and legal commitment. UAE law is characterized by high flexibility, balancing the child’s growing needs with the father’s financial ability.

Because personal status cases require extreme precision, seeking specialized legal expertise is the most important step. We at Samaha Legal Consultants are pleased to provide full support in all child support procedures, ensuring your children’s legal rights are protected and their future is secure. Contact us today.

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Consult a law firm in Abu Dhabi for Forgery Cases

Consult a law firm in Abu Dhabi for Forgery Cases

Forgery is considered one of the most serious criminal offenses in the UAE due to its direct impact on public trust and the integrity of legal and commercial transactions.

Handling such cases requires precise legal expertise and a deep understanding of UAE laws.

This is where Samaha Law Firm, a specialized law firm in Abu Dhabi, plays a vital role. We provide comprehensive legal solutions, from initial consultation and investigations to representation before courts, ensuring our clients’ rights are protected with the highest professionalism.

The Crime of Forgery in UAE Law

According to the UAE Crimes and Punishments Law, Forgery is defined as the intentional distortion of truth in an official or unofficial document, through material or moral means, with the intent to use it as a valid document.

This includes:

  • Altering data or dates in documents.

  • Using a signature or seal without authorization.

  • Creating entirely counterfeit documents and attributing them to official bodies or real individuals.

  • Changing the truth in a way that affects the document’s content, even if the modification is minor.

These crimes are regulated by Federal Law No. 31 of 2021 regarding Crimes and Punishments, specifically Articles 251 to 263. These articles distinguish between forgery in official and unofficial documents and impose strict penalties.

For more information, contact Samaha Law Firm, your trusted law firm in Abu Dhabi.

Elements of Forgery in UAE Law

To establish criminal liability for forgery in Abu Dhabi, three essential legal elements must be present:

1. The Material Element (Actus Reus) This refers to the criminal behavior, including any act that leads to changing the facts in a document, whether by:

  • Writing, modifying, adding, or deleting information.

  • Impersonating a signatory, seal, or official entity.

  • Creating a completely false document and attributing it to a genuine source.

  • Replacing pages or changing dates and clauses. A fundamental condition is that the change must impact the document’s content or legal consequences.

2. The Moral Element (Criminal Intent – Mens Rea) The perpetrator must have committed the forgery with free will and clear criminal intent, knowing the act is illegal and aiming to achieve an unlawful benefit or cause harm to others. General intent (knowledge and will) and specific intent (the intention to use the forged document) are core components.

3. The Legal Element This refers to the existence of a legal text that criminalizes the act. Federal Law No. 31 of 2021 (Articles 251-263) provides a detailed definition of forgery and specifies penalties based on whether the document is official or unofficial.

Penalties for Forgery: Insights from Samaha Law Firm

The law in Abu Dhabi deals strictly with forgery.
Penalties are determined by the nature of the document and whether the forgery was material or moral.

  • Forgery of Unofficial Documents: Per Article 252, forging an unofficial document (e.g., private contracts) is punishable by detention for up to two years and/or a fine not exceeding 100,000 AED.

  • Forgery of Official Documents: Penalties increase for official documents issued by government entities (e.g., passports, licenses). Article 253 stipulates temporary imprisonment (3 to 15 years). If the perpetrator is a public official who exploited their position, the penalty can reach life imprisonment.

  • Moral Forgery: This involves entering false data into an otherwise valid document. If committed in an official document, it carries the same penalty as official forgery (temporary imprisonment), with harsher sentences for public officials.

When Does a Forgery Claim Expire (Statute of Limitations)?

The expiration period depends on the type of forgery:

  • Criminal Forgery (Official Documents): The case expires after 20 years if no criminal action is taken. If a judgment is issued in absentia, the penalty expires after 30 years.

  • Misdemeanor Forgery (Unofficial Documents): The case expires after 5 years, and the penalty expires after 10 years if not executed.

The Role of Samaha Law Firm in Forgery Cases

Given the complexity of forensic evidence, Samaha Law Firm plays a crucial role by:

  1. Initial Legal Evaluation: Reviewing documents to ensure all elements of forgery are met and assessing criminal intent.

  2. Representation: Attending investigations with police and prosecution, and providing legal defenses for temporary release.

  3. Building Defense or Civil Claim: Drafting legal defenses to refute the crime’s elements, contesting forensic reports, and filing for civil compensation for victims.

  4. Cyber-Forgery: Handling forgery in emails or digital documents in collaboration with technical experts.

In light of the UAE’s strict legal stance, professional legal support is indispensable. Choosing a specialized law firm in Abu Dhabi like Samaha Law Firm ensures you understand your legal position and build a strong defense.

Do not hesitate to Contact Samaha Law Firm for expert handling of forgery cases and professional legal protection.

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Fraud and deception lawyer at a law firm and legal consultancy in the UAE

Fraud and deception lawyer at a law firm and legal consultancy in the UAE

Fraud and deception are among the most serious crimes affecting society, especially with the evolution of technology. These advancements often leave victims vulnerable to losing funds or sensitive data through illegal means. UAE Law places great emphasis on combating these crimes by imposing strict penalties on anyone proven to be involved in fraudulent activities, Hire a law firm and legal consultancy in the UAE.

Below, we explore the types of fraud, legal penalties, and how victims can protect their rights with the assistance of Samaha Law Firm & Legal Consultations. Contact Us.

Definition of Fraud and Deception in UAE Law

Fraud is defined as the appropriation of another’s property through trickery or fraudulent means with the intent to deceive the victim. These means include:

  1. Assuming a false identity or capacity.

  2. Making false promises.

  3. Creating fake websites or social media accounts.

  4. Issuing bounced checks (insufficient funds).

  5. Online or phone scams.

Article 451 of the UAE Crimes and Punishments Law addresses these crimes, stating that penalties include detention and fines for anyone who misappropriates movable property, benefits, or signatures through fraudulent means that deceive the victim into surrendering them.

Aggravated Penalties: Penalties are intensified if the stolen funds belong to the state, if a professional position was exploited, or if the victims are minors or people of determination.

Furthermore, Article 40 of the Cybercrime Law stipulates that electronic fraud is punishable by:

  • Detention for at least one year.

  • A fine between AED 250,000 and AED 1,000,000.

Elements of the Crime of Fraud

For a conviction to occur, three legal elements must be established:

  1. The Material Element (Actus Reus):

    • The Act of Fraud: Changing facts to mislead the victim.

    • The Result: The victim transferring property to the perpetrator.

    • Causal Link: Proving that the fraudulent method was the direct cause of the victim’s loss.

  2. The Moral Element (Criminal Intent):

    • The perpetrator must have acted willfully, knowing the act was fraudulent and intended to seize the victim’s money.

Common Types of Fraud Cases

  • Real Estate Fraud: Selling unlicensed units or selling the same property to multiple parties.

  • Cyber Fraud: Using fake websites or phishing messages to steal data or money.

  • Commercial Fraud: Selling goods or services that do not meet legal specifications.

  • Check Fraud: Issuing checks without balance to evade payment.

Why Choose Samaha Law Firm & Legal Consultations?

If you fall victim to a scam, appointing a specialized law firm and legal consultancy in the UAE is crucial.

Samaha Law Firm is recognized as a leader in this field, known for:

  • The Best Fraud Law Firm in the UAE: Extensive experience in handling complex financial crimes.

  • Expertise in Asset Recovery: A proven track record of tracking perpetrators and recovering stolen rights.

  • Comprehensive Support: Following cases from the initial report through to court judgment and execution.

Steps to Filing a Fraud Complaint

  1. Gather Evidence: Collect messages, bank transfers, witness statements, and documents.

  2. Police Report: Register an official complaint at the nearest police station.

  3. Appoint a Criminal Lawyer: Hire a specialist from Samaha Law Firm to file a lawsuit.

  4. Court Proceedings: Monitor the case through the judicial system until justice is served.

Public Interest (Public Right) in Fraud Crimes

In the UAE, the “Public Right” refers to the state’s right to penalize offenders to protect public order and social security. Even if a victim waives their private right, the state may pursue the public right to deter others and ensure community safety.

Hire a law firm and legal consultancy in the UAE

Conclusion: In an era of sophisticated scams, legal awareness and swift action are your first line of defense. Consult Samaha Law Firm & Legal Consultations—your trusted legal partner in the UAE—to ensure a strong defense and the restoration of your rights. Contact Us.

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Legal Consultancy in Ajman for Compensation Cases

Legal Consultancy in Ajman for Compensation Cases

Choosing a specialized compensation Legal Consultancy in Ajman is the key to guaranteed recovery of your rights in criminal or civil cases involving damages.

A professional firm provides the necessary legal support to claim and obtain compensation for damages through a court judgment.

The Legal Framework with a Legal Consultancy in Ajman

Under UAE law, you have the right to claim compensation for both material and moral damages. According to Article 76 of the UAE Civil Code, you can file a lawsuit for negligence and demand compensation for the resulting harm.

To file a successful claim, you must understand the legal framework and prepare all required documentation. If you are unsatisfied with an initial decision, you can appeal before the court.

Following these professional steps with a legal consultancy in Ajman ensures you are positioned to recover any loss or injury.

Key Cases Handled by a Legal Consultancy in Ajman

When consulting Samaha Law Firm, a premier legal consultancy in Ajman, the types of cases typically handled include:

  1. Criminal Damages: Compensation resulting from illegal acts such as assault, kidnapping, or physical injury.

  2. Traffic Accidents: Cases involving criminal elements like reckless driving, where a criminal conviction serves as a basis for civil compensation.

  3. Civil Actions Joined with Criminal Cases: Allowing a specialized lawyer to claim compensation within the criminal proceedings.

  4. Moral Damages: Claims for defamation or loss of social standing, based on Article 293 of the UAE Civil Code.

  5. False Accusations and Libel: Seeking damages if an accusation is proven false or malicious.

  6. Homicide or Major Injuries: Applying the Diyyah (Blood Money) system as a fundamental part of compensation for the victim or their family.

Steps to Filing a Claim via a Legal Consultancy in Ajman

The typical path to securing compensation in Ajman includes:

  • Filing a Criminal Complaint: Reporting the incident to the police or public prosecution to initiate an investigation.

  • Civil Action within Criminal Proceedings: Requesting civil compensation during the actual criminal trial.

  • Independent Civil Lawsuits: If not attached to a criminal case, a separate civil suit can be filed after the criminal trial ends.

  • Litigation and Proof: Presenting evidence for the judge to estimate the compensation amount based on material and moral harm.

  • Execution of Judgment: An execution lawyer follows up with authorities to ensure the convicted party pays the awarded amount.

  • Appeals: If the judgment is unsatisfactory, an appeal can be filed based on a meticulous review by a specialized attorney.

Documents Required for Compensation Claims

Before starting your case with a legal consultancy in Ajman, ensure you have:

  • Police reports or investigation minutes.

  • Final criminal judgments (if available).

  • Medical reports specifying the type of injury and disability percentage.

  • Receipts for medical expenses and treatment bills.

  • Identity documents (Passport/Emirates ID) and residency proof.

How Can a Legal Consultancy in Ajman Help You?

By seeking the professional support of Samaha Law Firm, you benefit from:

  • Accurate Case Assessment: Determining your eligibility for compensation based on facts and laws.

  • Expert Drafting: Preparing legal memos that ensure court acceptance.

  • Coordination with Authorities: Working with the police and prosecution to align criminal and civil tracks.

  • Post-Judgment Execution: Ensuring the compensation is actually paid through judicial enforcement agencies.

Compensation cases in Ajman require a deep understanding of the legal landscape. Choosing a legal consultancy in Ajman like Samaha Law Firm is a smart move for anyone seeking to protect their rights.

Do not let your rights slip away; contact the experts today to represent you with efficiency and achieve the best results under UAE law. Contact Us.

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Legal Procedures for Divorce in the UAE Samaha Law Firm

Legal Procedures for Divorce in the UAE | Samaha Law Firm

To regulate the marital relationship between spouses when one decides to separate from the other, the UAE law plays a major role in ruling on marital separation and has shown great flexibility in dealing with family issues, whether for Muslim or non-Muslim couples.

Samaha Law Firm can assist with Divorce in the UAE, cases of all types.

Types of Divorce in the UAE

The types of divorce in the UAE are classified based on their effect on the marriage contract and the extent to which reconciliation is permissible, as well as the religious status of both spouses.

The types of divorce in the UAE are structured to achieve a balance between the rights of both parties, taking into account the rules derived from Islamic legislation for Muslims and the application of civil law for non-Muslims.

The main classifications of divorce types in the UAE are as follows:

  1. Revocable Divorce (Talaq Raj’i): This type of divorce occurs after the first or second pronouncement. It maintains the marital bond during the wife’s waiting period (iddah), allowing the husband to take his wife back without a new contract or dowry as long as her iddah has not ended.
  2. Irrevocable Divorce (Talaq Ba’in): This type of divorce immediately dissolves the marital bond between spouses upon its occurrence and is divided into two categories:
    • Minor Irrevocable Divorce (Ba’inuna Sughra): This occurs if the husband does not take his wife back during her iddah after the first or second pronouncement. In this case, she can only return to him with a new contract and dowry.
    • Major Irrevocable Divorce (Ba’inuna Kubra): This occurs after the third pronouncement. The divorced woman cannot remarry her ex-husband unless she has been fully married to another man in a valid marriage, consummated the marriage, and then divorced from him and completed her iddah.
  3. Judicial Divorce: This type of divorce is granted by a court order due to legitimate reasons such as harm, absence, or failure to provide financial support.
  4. Divorce by Khul’ (Khula): This type of divorce occurs at the wife’s request in exchange for her giving up some or all of her financial rights. It requires the husband’s consent or a court ruling if he refuses.
  5. Civil Divorce: This type of divorce applies to non-Muslims in accordance with the provisions of Federal Law No. 41 of 2022 concerning personal status for non-Muslims.
    It is ruled on through civil procedures that ensure legal protection for both parties.

Conditions for Divorce According to UAE Law

The conditions for divorce in UAE law vary depending on the type of divorce.

However, there are specific regulations that govern the occurrence of divorce and protect the rights of both spouses.

The most important of these conditions are:

  1. Divorce is not valid if pronounced by a person who has lost their mental capacity, whether permanently or temporarily, such as in cases of drug or alcohol use that lead to a loss of control over one’s mind and will.
  2. Divorce is prohibited if it occurs under duress or in a state of extreme anger, where the husband has lost control of his actions and words, as this does not reflect a true and valid intention to divorce.
  3. Divorce is only valid within a valid, complete marriage contract and with a woman who is not in her waiting period (iddah).
  4. Divorce cannot be issued during the iddah period resulting from a previous divorce or an invalid marriage, to protect the woman’s rights and maintain the stability of the marital relationship during these sensitive periods.
  5. Divorce cannot be made conditional on a future event or linked to a specific event that has not yet occurred, unless the actual intention to divorce is proven at the moment of the pronouncement, which ensures the decision’s validity and sincerity.
  6. In an absentee divorce: The husband’s absence from his wife must be for a continuous period of 180 days without a valid reason,
    which entitles the wife to file a divorce case based on his absence. Samaha Law Firm can assist in completing these procedures correctly.
  7. Divorce is prohibited if it is made in the form of an oath or a vow without a serious intention to end the marriage. UAE law prohibits the verbal exploitation of the right to divorce under such circumstances to preserve stable and lasting family ties.

Divorce Procedures in the UAE

Before initiating divorce proceedings in the UAE, the law allows for opportunities for an amicable resolution of disputes between spouses while providing clear and fully transparent legal guarantees.

If the situation escalates, divorce procedures are initiated according to the following steps, which Samaha Law Firm can help with:

  1. Filing a divorce petition with the competent court. The petition must state the reasons for the claim in accordance with the divorce conditions stipulated in Law No. 41 of 2024.
  2. Notifying the other party of the divorce petition to allow them an opportunity to respond or object. The court will then hear the statements of both parties to listen to their viewpoints and rule between them.
  3. Conducting hearing sessions during which the submitted evidence and documents are examined, with attention to assessing whether the reasons for divorce meet the legal criteria.
  4. Attempting reconciliation between the spouses through judicial mediation sessions. UAE law strives to provide many opportunities for reconciliation before ending the marital relationship permanently.
  5. Issuing a divorce judgment by the court based on a full assessment of the circumstances and evidence, and ensuring that all legal conditions are met, including custody and alimony rights.
  6. Registering the divorce judgment in official records. Legal documents are issued to formalize the end of the marriage contract between the parties, providing clear legal protection and preventing future disputes.

To ensure the smooth operation of legal procedures in the UAE and to avoid mistakes that could affect marital rights, you should contact Samaha Law Firm for legal consultations.

 Types of Divorce in the UAE Are Not Valid

Divorce is not valid if the husband has lost his mental capacity or voluntarily lost his mind, or if he is in a state of anger that prevents him from controlling his words.

Divorce is also not valid if the wife is menstruating or in postpartum bleeding and the husband was aware of it.

Judicial Divorce

Definition of Judicial Divorce: Judicial divorce is a request for divorce filed with the court due to harm, long-term absence, or a serious defect that prevents the continuation of married life between spouses.

The Difference Between Revocable and Irrevocable Divorce in the UAE

Revocable divorce allows the husband to take his wife back during the iddah period without the need for a new marriage contract, whereas irrevocable divorce ends the relationship permanently and does not allow for a return except with a new contract and dowry.

In the UAE, you can get specialized legal family consultations through Samaha Law Firmm Contact Us.

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Petition for Reconsideration in UAE Law

Conditions and Procedures for a petition for reconsideration in UAE Law

The petition for reconsideration in UAE Law before the UAE Supreme Court in the legal system of the United Arab Emirates is one of the exceptional legal remedies that allows a convicted person to review final judgments that have acquired absolute legal force.

This method may be used in certain cases where specific legal reasons exist, such as a serious error, fraud, forgery, or the emergence of new evidence that was not available during the trial which issued the judgment in question.

What is a petition for reconsideration before the UAE Supreme Court ?

Within the UAE judicial system, the petition for reconsideration in UAE Law (Criminal Cassation Chamber) represents a non-ordinary appeal mechanism that permits a party to reopen a case that has already been decided. When grave mistakes appear, or new evidence surfaces that was not previously available, the law allows the reopening of the case to restore justice under the provisions of the UAE Criminal Procedure Law.

Conditions for accepting a petition for reconsideration before the UAE Supreme Court

For your petition to be accepted, both procedural and substantive conditions must be met:

  • Procedural conditions

    The petition must be submitted within the legally specified timeframe (usually within 3 months of discovering the reason for the petition). It must be filed through a written memorandum with the Public Prosecution and then referred to the Criminal Cassation Chamber.

  • Substantive conditions

    The petition must be based on one of the legal grounds such as fraud, forgery, or the emergence of new decisive evidence.

Procedures of filing a petition for reconsideration before the UAE Supreme Court

The process of filing a petition for reconsideration in UAE Law follows several organized legal steps beginning with the submission of the request to the Federal Public Prosecution as the competent authority under Article (190) of Federal Law No. 35 of 1992 on Criminal Procedures and its amendments. Key steps include:

  1. Preparing a detailed legal memorandum clearly explaining the reasons for the petition for reconsideration before the UAE Supreme Court, with supporting documents such as prior judgments, new evidence, or proof of fraud/forgery.

  2. Submitting the memorandum to the Federal Public Prosecution either electronically or in paper form, including the basic information of the plaintiff and defendant.

  3. The Prosecution examines the request and, if legally valid, refers it to the Supreme Court.

  4. The Supreme Court reviews the request and either accepts it to proceed with reconsideration or rejects it if legal requirements are not met.

  5. Only parties to the final judgment can file the petition, and it is allowed only if the judgment is final and not subject to other ordinary appeals.

Seeking assistance from a specialized law office such as Samaha Law Firm for Legal Consultations in such matters is crucial to ensure compliance with formal and substantive requirements and to increase the likelihood of acceptance.

Judgments eligible for a petition for reconsideration before the UAE Supreme Court

A petition for reconsideration before the UAE Supreme Court may only be filed against final judgments, provided that:

  1. The judgment was based on forged documents or testimony.

  2. It contains material errors or contradictions.

  3. It was issued against a person who was not properly represented.

  4. It caused serious harm not legally corrected at the time of issuance.

Fees for filing a petition for reconsideration before the UAE Supreme Court

The fees for filing a petition for reconsideration in UAE Law are symbolic compared to the importance of this legal remedy.

The UAE Ministry of Justice has set the filing fee at only AED 20, payable through official electronic platforms when submitting via the Public Prosecution or competent court.

However, these fees do not cover other expenses such as attorney fees or document preparation, making consultation with Samaha Law Firm for Legal Consultations essential before filing.

Legal grounds for a petition for reconsideration before the UAE Supreme Court

The main grounds include:

  1. Fraud that influenced the judgment.

  2. Testimony or documents proven to be forged after the ruling.

  3. Emergence of important documents not available at the time of trial.

  4. A judgment granting more than what was requested or ruling on issues not requested.

  5. Contradictions within the judgment itself.

  6. A ruling against a person not legally represented.

  7. Failure to include a necessary party who would have been directly affected by the judgment.

Judicial precedents of petition for reconsideration before the UAE Supreme Court

Judicial precedents show that UAE courts take the petition for reconsideration before the UAE Supreme Court seriously whenever its legal grounds are met.

For example, a case in Ras Al Khaimah in 2007 involved a defendant filing a petition after a deportation order was issued against him. He submitted documents proving lawful entry into the country before the alleged crime.

The Supreme Court accepted the petition and annulled the judgment, reflecting the flexibility of the UAE judiciary in correcting decisions when new evidence emerges.

Role of lawyers in a petition for reconsideration before the UAE Supreme Court

A specialized lawyer plays a vital role by:

  • Assessing the validity of the petition.

  • Drafting the petition in precise legal form.

  • Filing the case and attending hearings.

  • Ensuring proper notification of all parties.

  • Following up on the outcome, whether annulment, retrial, or acquittal.

Filing a petition for reconsideration before the UAE Supreme Court is an exceptional legal step that requires deep understanding of procedural and substantive rules. By meeting all conditions and submitting within the legal deadlines, a convicted person may pursue justice.

For the best chance of success, consulting Samaha Law Firm for Legal Consultations ensures accurate preparation and strong representation in these critical cases. Contact Us.

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