أسئلة وأجوبة
Can a person open a criminal case for slander of adultery
Can a person open a criminal case for slander of adultery after one and a half years and what is the penalty for this kind of accusation in court?
Greetings.
Yes, you can file a defamation lawsuit for adultery or (the crime of defaming a chaste woman) after a year and a half, because UAE law does not specify a specific period for filing a criminal lawsuit.
Do you have evidence or witnesses?
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Dear N.,
Thanks for your inquiry.
According to Article 371 of the UAE Penal Code, slander is defined as making an accusation against someone that could harm their reputation or expose them to punishment, without providing proof.
Slander is considered a criminal offense in the UAE and can result in imprisonment and/or a fine.
In regards to your question, it is possible for a person to open a criminal case for slander of adultery after one and a half years.
The statute of limitations for slander in the UAE is three years, meaning that a person has three years from the date of the alleged slander to file a case.
The penalty for slander of adultery in the UAE can vary depending on the specific circumstances of the case.
If the slander is proven to be false and has caused harm to the accused person's reputation, the penalty can range from imprisonment for up to two years and/or a fine of up to AED 20,000.
If the slander has caused harm to the accused person's honor or dignity, the penalty can range from imprisonment for up to one year and/or a fine of up to 10,000 AED.
It is important to note that the burden of proof lies on the accuser to prove that the slander was made and that it caused harm to their reputation or honor.
If the accuser is unable to provide sufficient evidence, the case may be dismissed.
Аccording to Аrticle 409 of the UAE Decree Law No (31) of 2021, a criminal action in respect of ‘indecent assault’ can be initiated only upon the complaint of the husband or legal guardian of the female involved in the relationship.
Also, the offense, proceedings, and penalties, shall lapse if, at any time, the complainant (i.e. husband/guardian) retracts the complaint.
Moreover, the punishment for this crime is not less than 6 months imprisonment.
AS