What’s the risk if my number was misused in a cybercrime with no victim or complaint?

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

In UAE cybercrime cases, even without a victim or complaint, misdemeanors can result in fines up to AED 300,000 and potential imprisonment for up to 6 months.

Your situation has mitigating factors: no direct victim, a complaint copy from your home country, and your cooperation in court.

However, the unauthorized use of your number and the absence of the main perpetrator complicate matters.

The worst-case scenario involves maximum fines and imprisonment, but the court may be lenient given the circumstances.

It's crucial to present evidence of your innocence, explain how your number was misused, and demonstrate your cooperation.

Given the complexity, consulting with us is strongly advised to navigate UAE cybercrime laws effectively.

Thanks & Regards,

ABDUL WAHIED

Cybercrimes are taken very seriously, and the penalties can vary depending on the specific circumstances of the case.

Please leave a contact number or reach out to me so I can better understand your inquiry.

Dear Sir,

Greetings of the day!

The punishment for misdemeanor cases in cybercrime cases in the UAE can vary depending on the specific circumstances of the case.

However, some possible penalties for cyber crimes in the UAE include fines, imprisonment, and deportation for non-citizens.

In cases where there is no victim or complaint, the authorities may still pursue charges based on evidence of the cybercrime.

If the main person involved is not present in the country and does not attend court hearings, the court may issue a warrant for their arrest and may also impose additional penalties for failing to appear in court.

Best regards,

Sara Al Saedi Advocates & Legal Consultants

Dear Questioner,

Thank you for reaching out with your concerns!

I understand that this matter is troubling for you, and I will do my best to provide clarity on the situation based on UAE law.

Regarding your case, where your personal information was used on a fake website without your consent, here’s what you need to know:

1. Punishment for Cybercrime Misdemeanours

Under the UAE Cybercrime Law (Federal Decree Law No. 5 of 2012), even in cases where there is no direct victim or formal complaint filed, the unauthorized use of someone's personal details can still result in legal consequences.

If a third party used your number without your consent on a fake website, the offender could be liable for:

- Fines ranging from AED 50,000 to AED 300,000.

- Imprisonment for a period that could range from 6 months to 3 years, depending on the nature and severity of the misuse.

2. Absence of a Complaint

While you mentioned there is no formal victim complaint, the case may still proceed based on the evidence and the legal breach of privacy.

The court can proceed with legal action even without a direct complainant, especially if the misuse of your personal details is proven.

3. The Defendant’s Absence

Since the main person involved in the case has not attended the court hearings and is not present in the UAE, the case can still proceed in their absence.

The court has the authority to issue a verdict based on the available evidence. The defendant may be found guilty, and if they are located later, they could face legal consequences, including fines or imprisonment.

4. What You Should Expect

As the person whose details were misused, it’s important to continue providing all relevant documentation and evidence you have, such as your complaint copy from your home country and any proof showing your personal information was used fraudulently.

If the defendant remains absent, the case may still be adjudicated based on the evidence you submit, and the court may issue a judgment in their absence.

5. Worst-case Scenario

- For You: As long as you continue to cooperate with the authorities and present your case clearly, the risk of facing penalties for a crime you did not commit is minimal.

- For the Defendant: If the defendant is found guilty and remains outside the UAE, they may be prosecuted in absentia, with the possibility of imprisonment or fines when apprehended.

Please continue to cooperate with the authorities and ensure that all your evidence is presented clearly in the upcoming court hearings. If necessary, we can file additional motions to further support your case.

If you need further clarification or assistance with the next steps, feel free to reach out.

Best regards,

Mohammed Salah

Legal Consultant

While being implicated indirectly through identity misuse can be concerning, having documentation like a complaint copy strengthens your position significantly.

The legal system typically requires clear evidence of wrongdoing before imposing penalties on individuals who are victims rather than perpetrators.

Under UAE law, if your number was used on a fake website without your knowledge, and there is no victim or formal complaint against you, it is unlikely that you will face severe penalties.

However, you should provide evidence that you were not involved in the crime, such as a complaint from your home country.

In the worst-case scenario, you may face an investigation, but if you're innocent and have proper evidence, this will help reduce the risks.

For a more precise consultation, feel free to contact us. We specialize in cybercrime cases and can assist you in managing the situation.

Dear Questioner,

There are different types of cybercrimes, and the punishment varies according to each crime. The charge must be known first.

Dear Questioner,

In response to your inquiry regarding misdemeanor cases related to cybercrime in the UAE, particularly in the context where your personal information is being misused without your consent, here are some important points to consider:

- Understanding the Cybercrime Law:

In the UAE, cybercrimes are governed by Federal Law No. 5 of 2012 on Combating Cybercrimes. The severity of the punishment for misdemeanor cases can vary depending on the specifics of the offense, even if there is no direct victim or complaint.

- Absence of a Victim or Complainant:

If there is no direct victim or complaint against you, and your number was misused without your knowledge, this information should be presented to the court.

It's important to demonstrate that you are a victim of the situation rather than a perpetrator.

- Potential Consequences:

The worst-case scenario would typically involve being wrongfully implicated in a crime you did not commit. However, if you can provide evidence (such as your complaint copy from your home country and any other supporting documentation) to show that you are innocent and that your number was misused, it should mitigate the risk of penalties against you.

- Legal Representation:

Since you are attending court hearings and the main person involved is not present, it is essential to have legal representation. A lawyer can help clarify your situation to the court, emphasize your position as a victim, and work to ensure that your rights are protected throughout the legal process.

- Court Hearing and Outcomes:

If the main person involved does not attend court hearings, this could lead to a default judgment. However, this largely depends on how the court views your case and the evidence presented.

Your legal counsel can advise on the likelihood of different outcomes based on the specific circumstances and the evidence available.

- Continued Cooperation:

Keep cooperating with the authorities and provide all necessary documentation to support your claims. This can include any complaints you've filed and any evidence showing your lack of involvement in the misuse of your number.

In summary, while you may face challenges, your position as a victim should be recognized, and with legal support, you can work towards a favorable resolution.