Questions & Answers
Questions & Answers
7 available 7 • 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
2564
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
5525
Cancelling the visa of an employee who filed a false complaint
1
Q: I needed some information in regards to visa cancellation. One of our employees filed a false complaint with DDA (Dubai Development Authority) to stall the visa cancellation.
He is not on our payroll since July 2019 and we are not able to cancel his visa because of his dependents. We have filed for absconding with MoL and is still pending as there is this an ongoing dispute.
Can we file a case against the employee for defamation?
He is trying to mislead the authorities and extort us.

May 12, 2020
744
Preparing a legal auditor report to file a criminal case against an employee

2
Q: Hi,
I'm going to open a criminal case in Dubai at the police station or through prosecution against an employee who committed fraud in our company.
Usually, the police or court ask for a legal auditor report. I would like to know if the legal auditor report is made by an unapproved auditor or accounting company, and then when I submit it to the police, will they accept it?


Mar 10, 2020
1748
Purchasing goods for customers from outside an employer's shop by an employee
1
Q: Dear Sir,
I am an employer in the UAE. I found that my employee is cheating on me and purchasing goods for my customers from outside my shop.
I asked him regarding this and he did not reply correctly so I asked him to leave. Now, what can I do to cancel his contract?
He has an unlimited contract.
Best regards,

Dec 4, 2021
241
Is it possible to ban an employee permanently in the UAE?
1
Q: Dear sir/madam,
Is it possible to ban an employee permanently in the UAE?

Sep 21, 2022
287
An employee ran away, returned the laptop formatted, and hasn't repaid loans. What now?




1
Q: Dear Sir/Madam,
My employee ran away and returned the laptop after formatting all the data.
Also, he has yet to repay loans taken from the company; it's been a year.
What can I do?





+1
May 14, 2024
183
Laws & Regulations
3 available 3 • 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
47914
Federal Law No. (35) of 1992 Concerning The Criminal Procedural Law 13
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.
Jun 15, 1992
19115
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
479

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We have been scammed by an individual who did not provide the stated service. They took a lot of money and important documents. I have audio recordings of him talking about these things.
We had a bad lawyer in Iraq who stole property by forging documents. This man said he had many connections to help us. While it was true that he had connections, he didn’t actually help us.
Instead, he cooperated with the bad lawyer, agreed with him, and gave the bad lawyer all our important documents.
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Can both be done through a lawyer?
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How to recover my money after my 2008 property purchase was canceled? 0
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Thank you!
Aug 26, 2024
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Can I apply for a residence visa after availing the amnesty program? 0
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In case the person avails the amnesty facility and does not want to return to his home country, but wishes to stay in the UAE, can he apply for a residence visa?
Aug 29, 2024
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How can I recover my money with a hold on my account due to a remitting bank request? 0
Hello experts,
I have a hold on my bank account even though I have shared all the requested documents with the bank proving that the money belongs to me. However, they keep insisting that the remitting bank requested a recall.
Today, I received a notice of account closure from my bank. When I inquired about the amount on hold, I was informed that only the available balance will be issued via a manager's check.
The issue has been ongoing for almost 5 months now. Any advice on how to get my money back, please?
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