Q: Possession of narcotic substances listed in Schedule No. (3) with the intent to promote. What are the consequences of that?

Q: My friend was caught 2 months ago for an attempt of promoting drugs. 3 days later, I was taken for questioning and they did a test which was positive (crystal meth) and I was released on the 3rd day. A few days ago, I received a message saying I should attend a court hearing this 30th. My question is, will there be any deportation? Or will I have to pay a fine? I was caught for consumption only, not promoting neither possession.

Q: My brother is in jail because he shared the medicine with someone and he didn't know it was banned in the UAE. Someone told him to bring it from his home country because medicine is expensive here. He gives it to someone by hand and he doesn't know about it. He doesn't use or sell. He is in jail for 2 months. His case is still under investigation. How much time for the judgment? He told me he has a case of Tarweej (promoting) in Arabic. I don't know about this case and what punishment he will get. Can he go out on bail? Any deposit for bail? Please guide me.

Q: Dear Sir/Madam, What kind of evidence is a must for drug-promoting charges; if there might be a witness only, a positive test but no possession, and no texts regarding money?

Q: Dear Lawyers, My husband is under investigation, and I want to get him bailed out from detention. However, I am a visitor. Can I get him bail by providing my passport?

Q: My relative is staying with his friend. His friend was arrested for drug trading (MDMA). My husband also got arrested, but he is not involved in trading. He is a first-time offender in drug use. He got arrested two months ago and he is in Ajman, Jurf jail. He is asking us to give money to a lawyer to make the court order and release fast. Is it possible? How long will it take for his release and court order? What will be the court order?

Q: I got an order of 6 months imprisonment and deportation for a judgment in absentia by the Sharjah court for selling medicine without a license. I was not involved in the case directly; my friend used my car, and he had my bank card. They made a confession that they were working for me and made a false claim that they had transferred money to me. As I am outside the country, I came to the UAE to solve my case. I got detained at the airport, and the CID asked me some questions. I mentioned they didn’t transfer me a single Dihram, so he let me go, as the case was already open for appeal. In the first instance court, they gave me the same verdict, then I appealed and attached documents like bank statements and my company details, which were not mentioned before. They gave a date for the judgment, but it was not issued, and they gave the next date. I have been suffering a lot for the last 3 months here in the UAE and for 6 months back home. So my question is that what will happen next? Will the case be open for retrial, and will the CID be convinced by my logic? Can they drop charges, or now the court decide only?

An interview-format article covering the topic of drug use and rehabilitation in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

A legal concept upheld by the Federal Supreme Court states that drug use is not prosecuted by UAE courts if the offense occurred abroad. A positive drug test is accepted as proof of drug use, but it does not reveal whether the drug use occurred domestically or abroad. It is necessary to establish the crime's location in order to decide if the UAE courts have the authority to investigate it or if foreign courts should have jurisdiction over it.

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 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).