Questions & Answers
What legal actions can be expected when an 18-year-old pushes a minor?
Dear Lawyers,
If two kids fight in a public place in Abu Dhabi, and a video of the incident, recorded by a third person, goes viral. In the fight, one kid, who just turned 18, pushes the other kid to the ground while holding their neck, but no injuries are reported.
The mother of the minor has filed a police case. What should I do, and what might the judge rule in this case?
Dear Questioner,
In such a case involving a fight between minors in Abu Dhabi, where a video went viral and a police complaint has been filed, it's important to address both the criminal liability and potential civil compensation.
1. Steps You Should Take:
- Legal Representation:
Engage a lawyer immediately to ensure that the case is presented properly, especially considering the age and the circumstances of the fight.
- Criminal Case:
The criminal aspect revolves around the physical altercation. Since there were no serious injuries, the case might be classified as a minor assault. The outcome can vary, ranging from community service to fines or even a warning from the judge.
- Negotiation & Settlement:
The family can negotiate with the complainant to reach an amicable settlement and get the charges dropped. A formal apology or settlement might help reduce the charges.
2. Court Appearance:
In court, showing remorse, cooperation, and explaining the incident as a misunderstanding can positively influence the judge’s decision.
3. Potential Judgment:
The judge could impose a fine, community service, or a warning since no injuries occurred.
It’s crucial to clear the criminal part successfully, as a conviction might lead to a civil compensation claim from the victim's family for damages related to distress or injury.
Given the circumstances and the viral nature of the video, it is recommended to act swiftly, focusing on mitigating the criminal liability to avoid further repercussions.
Regards,
Omar Mosaad
Dear Questioner,
1. Violence or simple assault:
In the UAE, any type of physical assault, even without serious injury, is a crime. Grabbing a child by the neck and pushing him may fall under the category of simple assault or aggressive behaviour.
This applies regardless of whether there are visible injuries or not.
2. Publishing a video of the fight:
If the video documenting the fight has spread on social media or online, this may be a violation of the UAE’s cybercrime law.
The law severely punishes the distribution or publication of images or videos of people without their consent, especially if they are insulting or defamatory.
3. Police and judicial procedures:
When the minor’s mother files a police report, the police will usually begin investigating the incident. Based on the evidence provided, such as the video and witness statements, the authorities may file charges against the 18-year-old.
4. Possible penalties:
The judge in this case can make a ruling based on the evidence and facts available to him. Penalties may include:
- Financial fine:
A judge can impose a financial fine on an 18-year-old for aggressive behaviour or simple assault.
The amount of the fine varies depending on the circumstances surrounding the incident and the offender’s previous record.
- Warning or disciplinary penalty:
If this is the 18-year-old’s first offence, the judge may issue a disciplinary sentence rather than a criminal penalty. This could include a formal warning or requiring them to attend anger management or aggressive behaviour courses.
- Criminal record:
In some cases, the offence can be recorded on a person’s criminal record, especially if they have reached the age of majority (18 years), which could impact their legal status in the future.
- Penalties under the Cybercrime Law:
If the person who filmed or posted the video is found to have violated cybercrime laws, they could face severe penalties including large fines or imprisonment. The UAE cybercrime law is very strict in terms of protecting individuals’ privacy.
