Published: Aug. 12, 2023
Last Updated: July 5, 2024
The criminal demonstration of theft is portrayed as the actual seizure of a thing that can be taken from the proprietor without their assent and fully intent on keeping the owner from getting it forever. The goal of the criminal is to keep the property with him or has a plan to pulverize it, sell it, or desert it in conditions where the proprietor won’t track down it. Theft is a punishable offense under the law of the UAE. If you are accused of theft, it is crucial to seek legal counsel from an experienced criminal attorney who can guide you through the legal process and protect your rights. ‘Theft’ is dealt with under provisions of the Federal Law No. 3 of 1987.
The crimes of theft and robbery are slightly different from one another, robbery is different from theft on the basis of its commission, in robbery the act of theft is accompanied by violence and force. The punishments awarded for theft are lighter than the punishments for robbery.
Articles 381 To 399 and 405 of the Penal code deals with the crime of theft and robbery.
Shall be sentenced to life imprisonment, whoever perpetrates a crime of theft grouping the following circumstance:
Shall be sentenced to life or term imprisonment, whoever perpetrates a crime of robbery on public roads or one of the land, sea, or air transport means in any of the following circumstances:
Shall be sentenced to term imprisonment, whoever perpetrates the crime of theft by duress or threat through the use of arm whether the purpose thereof is to obtain, keep it in his possession or run away with it.
Shall be sentenced to term imprisonment, whoever perpetrates the crime of theft during night time by two or more persons, one of whom is armed. Shall be sentenced to the same sanctions, whoever perpetrates armed theft at night and in an occupied location
Shall be sentenced to term imprisonment, whoever perpetrates the crime of theft arms, or its ammunitions, belonging to the armed forces or to the police. The penalty shall be life imprisonment, if one of the circumstances provided for in Article (384) of this law, is present. The penalty shall be detention for a minimum period of one year but not in excess of five if the theft is perpetrated on equipment or material used or to be used in wire or wireless communications or other services installed by the State or licensed by it for installation for public utility purposes.
Shall be sentenced to detention for a minimum term of two years but not in excess of seven, should the theft be perpetrated in any of the two following instances:
The sentence shall be imprisonment for a minimum term of five years but not in excess of seven if the theft is perpetrated by a person employed on the premises or to the prejudice of his employer.
Shall be sentenced to detention or to a fine, whoever succeeds in appropriating, for him or for others, movable property, a deed or a signature thereon, cancellation, destruction or amendment thereof through deceitful means or use of false name or capacity, whenever this leads to deceit the victim and have him give away shall be sentenced to the same penalty, whoever disposes of an immovable or movable property being aware that it is not his property, that he is not entitled to dispose of it or disposes of it knowing that he previously disposed of, or contracted, it whenever such act of disposition causes prejudice to others.
Should the object of the crime be the property or a deed belonging to the State, this shall constitute an aggravating circumstance. The attempt shall be sanctioned by detention for a term not exceeding two years or a fine not in excess of twenty thousand Dirham.
When condemning the recidivist to detention for a period of one year or more, the court may order putting him under control for a maximum period of two years provided it does not exceed the period of the adjudicated penalty
Shall be sentenced to detention for a term not exceeding two years or to a fine not exceeding twenty thousand dirhams, whoever knowingly misappropriate, with the intention to own, a lost property owned by someone else or if the said property was in his possession by mistake or by force majeure.
Punishment of theft is awarded on the basis of its classification as simple theft and aggravated theft. In the case of simple theft, the punishment can be imprisonment of 1 year and a fine, and in the case of aggravated theft, the punishment can be imprisonment of 2 years. It can also go up to 15 years of imprisonment.
The criminal will also be punished on the bases of the intensity of the theft, as a theft committed by using a deadly weapon can attract an imprisonment of up to 15 years. If a theft is committed during the night and a weapon is also used the offender will be punished with an imprisonment of 7 years. The punishment can be life imprisonment if theft is committed by using a weapon and 2 or more people were involved. If an employee has committed theft during his course of employment he will be punished with imprisonment of 5 to 7 years.
Attempted robbery is also punishable under the law it can attract punishment of jail imprisonment from 3 months to 18 months. In case of the second attempt of theft, if the weapon is used and the criminal has the intention to cause harm the penalty can be imprisonment for 3 years and can go up to 15 years.
While awarding the punishment the intention of the criminal is also taken into an account but lake of motive will not exempt the criminal from punishment.
