Questions & Answers
Questions & Answers
5 available 5 • View allEmbezzlement case: possible penalties and safe way to defend it
1
Q: Dear respected lawyers,
A friend of mine, one of the accountants employed in a Company, has admitted to his Company of taking more than 300,000 AED over the past years by adjusting his net salary in the payroll file.
The amount of adjustment is reflected in a hidden row in the payroll file. The payroll files he prepared were still approved by HR and accounting supervisors...etc. because they did not do a detailed review of individual payroll credits.
The Company has now decided to do an investigation excluding him and came up with other amounts they claim he had also taken, but which he has refused.
He is currently trying to negotiate with the Company to give him a chance to pay back the amount which is a valid claim while the Company is still considering whether to file a case in court or not.
If the Company decides to file a case, what is the probable penalty he may face? Length of jail time and fines? While the Company is still considering, what can he do to avoid having the case filed in court?

Aug 27, 2018
2556
Labour dispute for the non-payment of salaries
3
Q: Hi Sir
My company has filed a complaint against me in Police on the 5th of September but they stopped my duty on the 31st of May. They did not pay my salary from May to September.
Can I file a labour case and will let me sit free in a room till the court decision?
Please, advise if I can file a labour case.

Oct 2, 2018
1201
Proof of innocence in an embezzlement case
2
Q: My brother in law is in jail for taking AED 12 million from his company and he is in jail (Abu Dhabi, UAE) under remand.
I don't know whether he had taken the money or not, but his employer is saying he had taken it and given him a confession letter. I don't know about the confession they took.
I had not seen him because it happened last week and I am not able to go and meet him as it is very far from my house and also I have no blood relation.
I need to take permit from the prosecution department. I trying to meet him by next week. Kindly advise me what I need to do. Also, advise me on:
1. Suppose the above thing has happened, how many years he needs to be in jail?
2. If it is a false case by the employer, how will we prove his innocence?
3. Will the court give a chance to him to prove he is innocent and how? Please note that he has no advocate.
4. I assume this will be a false case as the employer is saying he started doing so for the last three years. This company had every year annual audit and they did not find.

May 4, 2018
5519
إثبات براءة معلمة اتهمتها المدرسة بخيانة الأمانة وفتشتها


1
س: السلام عليكم،
لدي استفسار. وجّهت مدرسة تهمة خيانة الأمانة لإحدى المعلمات وهي بريئة من التهمة وتم فتح بلاغ في دبي من قبل المدرسة.
واليوم قامت المدرسة بإيقاف عملها وقطع الراتب حتى انتهاء القضية، فهل للمدرسة الحق بتفنيشها؟ وكيف لها أن تثبت براءتها؟



Apr 8, 2020
733
حصول العامل على أجره المتأخر بعد براءته من تهمة خيانة الأمانة
2
س: رفعت قضية عمالية ضد الشركة أطالب فيها بالأجور المتأخرة عن 21 شهر حيث تم توقيفي ومنعي من العمل ورفعوا قضية خيانة أمانة ضدي وأخذت براءة والحمد الله.
هل ستحكم لي المحكمة بكامل أجري المتأخر؟

Jul 23, 2021
580
Laws & Regulations
2 available 2 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code 29
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.
Dec 8, 1987
47905
Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law 0
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).
Sep 20, 2021
472

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