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Procedures and requirements for filing an embezzlement case

I wish to start a case of embezzlement against a party, to try and get him to return the embezzled funds.

Do I need to get a criminal verdict to prove the embezzlement? Or can I proceed directly with a commercial case in front of the court of the first instance (without a criminal conviction against the accused)?

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9 Jan 2019, 13:56

Dear Sir/Madam,

Trust you are doing great.

Further to your above enquiry, please be informed that for embezzlement, firstly you need to file a criminal case. Only after obtaining the judgement from the criminal case, you can file a civil case for getting your entitlements.

Under criminal case, depending upon the facts and circumstances of the case, punishment for the crime of embezzlement can be either imprisonment or fine. Deportation can also become the part of the judgement.

I hope the information provided herein is clear to you. Should you require any further information or clarification, please feel free to contact us at 045547635 or you can email us at info@awsuwaidi-advocates.com.

Best regards,

Aws M. Younis

9 Jan 2019, 14:13

Thank you very much for the clear reply.

The opponent has a proof that I was aware of the claimed embezzlement four years ago.

He told me that I cannot sue for damages of embezzlement so many years after the knowledge of the claimed embezzlement. Is that true?

Also, is there a legal presumption that a partner who is a signatory of his company bank accounts is aware of each transaction in that bank account?

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