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.