Published: Aug. 12, 2023
Last Updated: July 4, 2024
Murder is defined as the unlawful killing of another human being without any justification or with some malicious intent. It’s a punishable offense. As reviewed by Criminal Lawyers of Dubai, a murder in UAE is covered under Federal Law No. 3 (1987 of the UAE Penal Code, the code tells us about all the charges a murderer can face. Let’s read about Murder as per UAE penal code 2022.
In Islamic law, bloodshed is considered a heinous sin, in all cases of murder, unintentional homicide, or bodily injury in traditional Islamic law, the prosecutor is not the state, but only the victim or the victim’s heir Qisas or Diyat can only be demanded by the victim or the victim’s heirs.
While awarding punishment for the crime of murder sharia has a very important role. The conviction of murder can only be decided after consulting the legal heirs of the deceased. The legal heirs can avail the option of qisas (retaliation in-kind) from the offender, they can forgive the offender or they can waive the criminal’s death penalty and get blood money.
There are two aspects of murder as per UAE penal code 2022, the first one is based on sharia, where the family is involved. The second one is a criminal sentence, in this case, the judge in the court decides. In case the legal heirs of the victim have forgiven the offender he will still be punished, which can be imprisonment.
Unintentional murder
When any act or omission is done by mistake of fact or mistake of act causes the death of a human being without any intention or knowledge is said to have committed unintentional murder. Article 342 of the penal code tells us about the punishment for unintentional murder.
An individual who incidentally causes the death of any individual will be rebuffed by imprisonment and a fine or by one of these two punishments. The punishment will be detainment for a time of something like one year and a fine assuming the wrongdoing happened because of the wrongdoer’s break of what is required of him by his work, business, or profession, or on the other hand on the off chance that he was affected by intoxication or sedation at the hour of the mishap, or around then the person was capable of helping the person in question but he avoided that and led to the death of the victim.
The punishment will be detainment for a time of something like two years and not more than five years, and a fine on the off chance that the omission caused the death of multiple individuals. In case the situation referenced in the past passage is available, the punishment will be detainment for a time of something like three years and but not more than seven years and a fine.
Premeditated murder
Capital punishment in instances of planned murder related to or connected with another crime comes because of the variety of violations inside a short timeframe, where the guilty party makes sure to two violations.
Murder without intent
Likewise, Article 336 states that assuming that an individual attacks someone else with no expectation to kill him, yet the attack ends up killing, alongside different offenses, the murderer will be the punishment with imprisonment for a term not more than a decade relying upon the extreme conditions. Article 332 tells us about what is considered aggravating circumstances.
Attempted murder
Article 34 and 35 of the UAE Penal Code characterize attempted offenses, for example, murder as the commencement of wrongdoing or the commission of an offense with the genuine goal of doing so however not finished because of special conditions unchangeable as far as the guilty party might be concerned. Article 35 sets out the punishments for attempted crimes.
While determining the punishment for the attempted murder the court will look into the circumstances in each case, thus the court can reduce, dismiss or enhance the sentence of imprisonment.
Article 332 of the UAE Penal Code tells us about the punishment for murder:
Punishment for intentional murder is life imprisonment. The punishment can be capital punishment if the murder was pre-planned and is linked with other crimes. In case the legal heirs of the victims have pardoned the murderer. The punishment can be up to 7 years of imprisonment.
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