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?

Q: Hi Sir, I have a case in Dubai Courts for the embezzlement of 30500. When I appeared in front of the judge in the 1st hearing, they asked me if I did it or not. I said I did not, then they said I need to submit my reply in Arabic to defend myself. What will be the charges from the court if I lose the case and where can I get it translated to Arabic?

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.

Q: Hi Salah I am grateful to have this platform for seeking legal advice. We have our company PRO fraud details which he has done by making fake documents of Tasheel and Amer and other government institutes for making fake payments on processing staff visas, company licenses, permits... etc. Please guide me if this case falls under a criminal or civil case. Looking for your quick response. Many thanks! M.

Q: One of our staff robbed our signed cheques which were kept in our office drawer and encashed two cheques so far and two signed cheques are still with him. We are overseas in the UK at the moment and our office is in Dubai. We lodged a police complaint so far. How can we stop that person from going out of the country?

س: السلام عليكم، اتهام الموظف بعد تقديم الاستقالة. هل يحق لجهة العمل مقاضاة موظف بعد استقالته وحصوله على إخلاء الطرف وتسليم ما كان في عهدته لزميل آخر حتى اكتُشف تلاعب بالأرصدة في عهدة الموظف المستقيل؟ حدث ذلك رغم تسليم العهدة بشكل سليم وقت الاستقالة.

Q: Good morning, I would like to know if there is any process to file a case against my employee who has absconded after his vacation and taken a big loan from the company. Thank you!

Q: Can a company suspend me and accuse me of embezzlement even though they found the missing money? They are accusing me of returning the money after we found out there is missing cash worth 1,000 dirhams. They took the money but still accused me of embezzlement.

Q: Dear Lawyers, One of the minority partners (20% share) in an FZC company has embezzled company funds and is currently outside the country. What legal actions can the majority partner (80% share) take to recover the funds? Would a cheque signed by the minority partner help expedite the process?

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).