Q: Hi Sir, I m Edwin, I am working on a construction site. 3 months before, an accident happened on my construction site and regarding this accident issue, my passport was held by Dubai police. But the injured person is good, and the doctor certificate also clearly mentions that the person is good, but till now the police did not release my passport from the police station. Next month is my marriage, so is it possible to replace the passport with another one or not? Please give your suggestion about this.  

Q: Hi Sir, Respected, My case is running in the Dubai Courts for one construction worksite accident that happened to one of our workers who fell down by his own mistake and hospitalized in the emergency. The case is running for 1 and a half year and the person who fell down is okay now, but the prosecution is saying it's 100% disability. For the victim, we had paid all the medical bill of AED 92000 + given all salaries till date, and due to a long time, we are in full stress and want to close the case from the victim and from my side. What is the procedure for giving Tanazul (clearance)? Regards, Amir Suhail

Q: Dear Sir, My brother was involved in an incident at his company that claimed two lives (the victims died in a sewage tank). During this process, my brother happened to be a safety officer in that company but the supervisor and the managers assigned those workers who died during the cleaning of the sewage tank without informing the safety department. During the police investigation, my brother's passport was seized by the police and the case was referred to public prosecution. After the final investigation, my brother (safety officer) was not guilty as the public prosecutor decided, but the supervisor was guilty since he gave the order to those workers to carry out the unsafe work without informing the safety department for proper risk assessment. The supervisor was given a 5-month jail term. Concerning my brother, his case ended at the public prosecution office since he was not guilty, but since then, his passport is still held with the court. Please, I need advice. Thanks Taka Farhad

Q: I am a site engineer. An accident happened at our project site where a worker, unfortunately, died, during our shift. The investigation shows, however, that it's a nonwork-related accident. The worker was supposed to be part of the night shift, but because it has been weeks since I am not seeing him at work in our area, I have verbally informed our HR to update the timesheet and remove him from our attendance sheet. Unfortunately, no action was done by HR and, at the time of his death, his name was included in our team. However, during the initial investigation, I was one of the employees who were interviewed by the police. I have just learned today that my name was included on the list submitted to the police and our PRO said that it is impossible for me to travel or change job while the case is still ongoing because of insurance claims. I received a good offer from another company, will there be a problem with the visa application?

Personal injury involves an injury sustained physically, emotionally and mentally. The injured person is entitled to claim damages where he has suffered an injury due to the other person’s wrongdoing. The victim may file a case against the person, who is found guilty in a criminal case or his insurance company if the defaulter has secured himself by insurance. The UAE civil law allows filing a compensation claim for injury damages.

In a criminal proceeding, the standard of proof to uphold a conviction is beyond a reasonable doubt. The prosecution has the duty of establishing the defendant's guilt beyond a reasonable doubt in a criminal proceeding. This implies that the prosecution has to persuade the court that the evidence used in the trial cannot lead to any other plausible conclusion.

This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.

The law promulgates UAE Criminal Procedural Law (Penal Procedures Law) which governs criminal procedures in the UAE. This law applies to the procedures relating to offences whose punishments are not specified, dogma and punitive offences, and blood money, if they do not violate the Sharia rules.

The provisions of this Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, known as the "New UAE Penal Code", governs criminal actions in the United Arab Emirates. The New Penal Code repeals the previous UAE Penal Code (Federal Law No. (3) of 1987 Promulgating the Penal Code).