How to prove your innocense if your act is linked to a series of acts that constitute a crime?

Dear W.,

Thank you for your inquiry.

Based on your situation, where the court has applied Article 89 of the Federal Decree No. 31 of 2021 (Crimes and Penalties Law), your defense strategy will depend on the specific facts of the case and the evidence available.

Below are key aspects that could help guide your defense if you are innocent:

1. Challenge the Link Between the Crimes:

Article 89 refers to situations where multiple crimes are considered inseparable due to a common criminal purpose. In your case, the defense could focus on disputing the inseparable link between the alleged crimes.

You could argue that the charges against you do not form a single criminal unit or that they were committed independently or under different circumstances.

Evidence of Separate Intentions: Demonstrating that the actions you are accused of were independent, unplanned, or not linked by a single criminal purpose could help dismantle the connection the prosecution is attempting to establish.

2. Lack of Criminal Intent (Mens Rea):

In criminal cases, intent or mens rea (the mental state) is key to proving guilt. If you can establish that you did not have the intent to commit the alleged crimes, it will significantly weaken the case against you.

Presenting evidence of good faith, absence of malicious intent, or misunderstanding could be used to argue that you were not knowingly or willfully involved in the criminal actions.

3. Insufficient Evidence:

If the evidence presented by the prosecution is weak or inconclusive, you can argue that there is insufficient evidence to prove that you were involved in the crimes as charged.

In the case of linked charges, if the prosecution fails to demonstrate how each act contributed to the overall criminal plan, you may be able to challenge the cohesion of the charges.

4. Lack of Involvement in the Criminal Plan:

You could argue that while you may have been associated with the other accused, you were not involved in the organized criminal plan or that your involvement was misinterpreted.

Highlight any contradictions in the prosecution’s arguments or evidence that suggest you were not an active participant in the execution of the crime.

5. Character and Alibi Defense:

If you have an alibi or can prove that you were not at the scene of the crime or involved in the events that led to the alleged offenses, presenting such a defense could be pivotal.

Additionally, character witnesses or evidence of your general behavior and reputation could counter the narrative that you were involved in the criminal activities.

6. Legal Precedents:

If applicable, you may want to refer to any relevant legal precedents where the courts have dismissed charges on similar grounds, particularly related to the interpretation of Article 89.

7. Appeal and Review Process:

If the ruling is not in your favor, remember that there may be options for appealing the decision. If there were errors in how the law was applied or if new evidence emerges, an appeal may provide an opportunity to have the decision overturned.

Next Steps:

Consult with a Criminal Defense Attorney: Given the complexity of criminal law in the UAE, it is highly recommended that you consult with a lawyer who specializes in criminal defense.

We will assist you in preparing a detailed and strategic defense based on the facts of your case and the evidence at hand.

Gathering Evidence: Work closely with your legal team to gather all evidence that supports your innocence or weakens the link between the crimes.

If you need further guidance or assistance in structuring your defense, please don’t hesitate to reach out.

Best regards,

Mohammed Salah

Legal Consultant

We can assist you in reviewing your cases but we might require additional information such as facts.

To assist you and guide you by offering several types of solutions, we request you clarify to us the following:

1- Which police station these crimes have been registered with?

2- In which Emirates these crimes happened?

3- Is the claimant inside or outside the country?

In order to assist you in getting legal solutions we need to view these files by visiting the police station and see the investigation results.

After reviewing these documents, we can guide you over the legal solutions, timeline, and any potential fee.

We might require a POA in order to represent you before the police and collect this information for you which is going to assist us in evaluating your cases and providing a proper legal solution.

If you are interested in our services, we need the following information:

1- Emirates ID or valid passport copy

2- Email ID

3- Mobile number

You can reach out to us through WhatsApp for assistance.

If you are innocent and facing multiple charges related to a single criminal scheme, as explained in the context of Article 89 of the UAE Penal Code, the defense must focus on refuting the accusations against you and proving that you did not participate in the criminal acts or that the charges are not legally or factually linked to you.

For assistance, please contact us via phone or WhatsApp.

If you are innocent, you can defend yourself by providing evidence and testimonies that prove your innocence, as well as challenging the connection between the crimes you are accused of and clarifying that there is no link or that the acts committed were not part of a single criminal plan.

It is essential to work with a specialized lawyer to prepare a strong defense in court.

Feel free to contact us via WhatsApp for specialized legal advice on such cases. We specialize in criminal cases and offer appropriate legal solutions to protect your rights.

Dear Client,

Thanks for your question!

I hope you are doing well. I will assist you in this matter.

To defend against charges under Article 89 and Article 2/126 of Federal Decree-Law No. 31 of 2021, systematically challenge the prosecution's narrative by demonstrating a lack of unified criminal intent, proving each alleged act is distinct and unconnected.

Gather comprehensive evidence including alibis, witness testimonies, communication records, and character references.

Leverage key defense principles such as the burden of proof being on the prosecution and the presumption of innocence.

Hire a specialized criminal defense lawyer who understands UAE Penal Code nuances to help prepare a detailed written defense statement that methodically dismantles the prosecution's arguments, highlighting inconsistencies and challenging the interpretation of the legal articles in question.

Thanks & Regards,

ABDUL WAHIED