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How to Prosecute the Worst Financial Crime Cases in the UAE?

Financial crimes can be best understood as criminal activities carried out by an individual or group of people or organizations which seek to achieve economic benefits through illegal methods.

The United Arab Emirates recognizes and punishes various types of financials crimes such as:

• Fraud
• Breach of trust
• Bribery
• Money Laundering

Fraud

Pursuant to Article 399 of the Federal law No. 3 of 1987 promulgating the penal code and its amendments (‘UAE Penal Code’), fraud is defined as ‘whoever who seizes, for himself or for another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender’. Fraud under UAE law is punishable by a sentence of up to three year's imprisonment and /or a fine of a maximum of Aed 30,000.

Breach of Trust

Breach of trust constitutes a financial crime in the UAE, and article 404 of the UAE Penal code criminalize ‘breach of trust’ and states that: ‘Whoever embezzles, uses or wastes funds securities or any other movable property with the intention to prejudice the interest of the due right's owners, if it is delivered to him as a deposit, rent, pledge, loan for use, or proxy, shall be punished by detention or by a fine’. Movable property would include cash, bills, cheques or it’s like. Under the provisions of breach of trust the person entrusted with the said property would be considered as joint owner of the immovable property, and the innocent employer or business partner can file a criminal complaint seeking justice for the breach. The punishment for breach of trust may include a fine of up to Aed 30,000 and imprisonment of up to 3 years. A higher punishment may also be imposed subject to the discretion of the court and the gravity of the offence itself.

Bribery:

A bribe is defined under the UAE laws as anything is given for the benefit of a public or private-sector employee with the intention to gain in return from such employee any act that violates the duties assigned to such employee or causes him to exceed his duties or act in direct breach of his duties. Bribery is punished under the UAE penal code subject to the provisions of articles 234 to 239 of the code. If a bribe is accepted by a public official in return for completing any act which is part of public duty or for abstention from completion any act in breach of his duties, can result in a punishment of imprisonment of even up to 10 years.

Money Laundering:

Federal Decree-law No. (20) of 2018 on ‘Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations, ( 'AML law').

Article 2 of the AML law thus defines a perpetrator of a money-laundering offence as any person who is aware that the money derived from either a felony or misdemeanor and then knowingly proceeds to commit the acts of: i)transferring or moving proceeds or conducting any transaction with the aim of concealing or disguising their illegal source ; ii);concealing or disguising the true nature, source or location of the proceeds as well as the method involving their disposition, movement, ownership of or rights with respect to said proceeds ; iii) acquiring, possessing or using proceeds upon receipt; iv) assisting the perpetrator of the predicate offence to escape punishment.”

The UAE Ministry of Economy has recently announced around twenty-six categories for violations of the laws relating to money laundering and terrorism financing ranging from AED 50,000 to AED 1,000,000.

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A crime can be classified generally as ‘misdemeanours’ and ‘felony’ depending on the seriousness of the offence. ‘Misdemeanors’ constitute the more minor or less serious crimes as opposed to felonies. A misdemeanour is usually punishable only by fines or imprisonment of a term not more than a year. Offences that are termed as misdemeanours can comprise petty theft, driving under the influence of alcohol etc. ‘Felony’ on the other hand, constitutes a serious crime that is characterized by more stringent punishments, including longer imprisonment sentences. The type of offences that constitute a ‘felony’ includes murder, rape, drug trafficking etc. Different stages of a misdemeanour or felony charge: Complaint stage: In this stage, the police will refer the complainant to the relevant section of the police department, which would be responsible for investigating the offence. At this stage, the police will proceed to record the statement of the parties, and once the investigation is completed, the complaint will be finalized and referred to a public prosecutor for further steps. Public prosecution Stage: A criminal complaint is referred to the public prosecution office at this stage. The public prosecutors are authorized judicial authorities who are empowered to review the cases referred to them and to conclusively record if a criminal offence has taken place or not. The public prosecutors often summons both the complainant and the accused and also provide them with the opportunity to bring witnesses on their behalf. Statements of both the parties and their witnesses are recorded, and the parties are also required to sign the statements. The public prosecutor then proceeds to file the criminal case before the criminal court for further steps. On the other hand, if the public prosecutor records that the crime has not been established, then further steps will not be issued. Criminal Court Stage: The UAE criminal courts comprise of three court stages, namely, the First Instance Court, Court of Appeal and the Cassation Court. Within the first instance court itself, ‘Misdemeanors’ are tried before a single judge, and ‘Felonies’ are tried before a panel of three judges. The procedure before a criminal court comprises of trial stage wherein the claims are heard by the Court, and all the parties are allowed the time to present their claims. An accused person is required to appear in person when summoned to the Court for a hearing. The Court will ask the accused to either plead guilty or to otherwise respond to the charges. If the accused pleads ‘not-guilty’, the Court will proceed to set another subsequent hearing date to allow the accused to present his defence and also to bring witnesses on his behalf. Once the Court is satisfied that the pleadings are completed and the evidence, including witness hearings has been completed, the Court will proceed to issue its verdict. A verdict from the Court of the first instance can be appealed within fifteen days’ time period before the Court of Appeal, and a final verdict from the Court of appeal can be appealed within thirty days’ time period before the Cassation Court.
Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi: Quy trình, thủ tục xin cấp
Ở nội dung trước, chúng tôi đã chia sẻ với các bạn về điều kiện sản xuất thức ăn chăn nuôi. Trong đó có nhắc tới giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Vậy loại giấy này là gì? Vai trò, thủ tục xin cấp và các quy định liên quan đến nó là gì? Hãy tìm hiểu trong bài viết dưới đây! Cơ quan có thẩm quyền - Đối với thức ăn chăn nuôi bổ sung, Cục Chăn nuôi cấp, cấp lại, thu hồi Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. - Đối với cơ sở sản xuất thức ăn chăn nuôi trên địa bàn (trừ thức ăn bổ sung), Sở Nông nghiệp và Phát triển nông thôn nuôi cấp, cấp lại, thu hồi Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. - Trong trường hợp cơ sở sản xuất sản xuất đồng thời cả thức ăn bổ sung và các loại thức ăn chăn nuôi khác, sản xuất thức ăn theo đề nghị của bên nhập khẩu (sản xuất theo đơn đặt hàng), Cục chăn nuôi là đơn vị cấp, cấp lại, thu hồi Giấy chứng nhận. Cấp giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi Hồ sơ bao gồm: - Đơn đề nghị cấp Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi - Bản thuyết minh điều kiện sản xuất - Quy trình kiểm soát chất lượng của cơ sở sản xuất - Bản tóm tắt quy trình sản xuất thức ăn chăn nuôi (nếu cơ sở sản xuất thức ăn truyền thống và nguyên liệu đơn) Trình tự, thủ tục cấp B1: Gửi hồ sơ đến cơ quan có thẩm quyền B2: 2.1 Cơ quan có thẩm quyền sẽ thẩm định hồ sơ sau khi nhận được hồ sơ đầy đủ. + Nếu không đạt, yêu cầu hoàn thiện, bổ sung hồ sơ + Nếu đạt, lập đoàn đánh giá điều kiện thực tế của cơ sở sản xuất thức ăn chăn nuôi. 2.2 Trong quá trình đánh giá điều kiện thực tế + Nếu không đạt, cơ sở sản xuất có 6 tháng để khắc phục và báo cáo kết quả khắc phục đến cơ quan có thẩm quyền để được thẩm định và đánh giá lại. + Nếu đạt, cấp giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Trường hợp từ chối, phải trả lời bằng văn bản và nêu rõ lý do. ⭐⭐⭐ Mẫu giấy chứng nhận đủ điều kiện sản xuất TACN Cấp lại giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi Trường hợp cấp lại: - Giấy chứng nhận bị mất, hư hỏng; - Thay đổi thông tin về tổ chức, cá nhân trong Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Hồ sơ: - Đơn đề nghị cấp lại Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi - Tài liệu chứng minh nội dung thay đổi đối với trường hợp thay đổi thông tin có liên quan đến tổ chức, cá nhân trong Giấy chứng nhận. Trình tự, thủ tục cấp lại giấy chứng nhận đủ điều kiện sản xuất TACN - Nộp hồ sơ theo quy định - Cơ quan có thẩm quyền cấp lại Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Trường hợp từ chối phải trả lời bằng văn bản và nêu rõ lý do. Thu hồi giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi Trường hợp thu hồi: - Bị tẩy, xóa, sửa chữa nội dung trong Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi; - Cơ sở không còn đủ điều kiện sản xuất thức ăn chăn nuôi - Cơ sở có hành vi vi phạm khác mà pháp luật quy định phải thu hồi Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Hy vọng rằng những thông tin trong bài viết có thể giúp bạn hiểu hơn về giấy chứng nhận đủ điều kiện sản xuất TACN cũng như quy trình, thủ tục pháp lý liên quan để sản phẩm có thể lưu hành hợp pháp trên thị trường.
Summary of Some of the Most Important Drug Laws
Throughout the United States using, selling, or possessing illegal drugs is a criminal offense. So what are the different drug laws that must be adhered to, and what are the possible punishments for each offense? Drug Cultivation and Manufacturing Laws These laws make it illegal to grow any illegal substances. This applies to many common drugs such as marijuana or psilocybin mushrooms (also known as magic mushrooms, shrooms, or psychedelic mushrooms). They also make it illegal to possess certain plants or other natural elements that are used in the production of illegal drugs. Furthermore, drug manufacturing laws make it illegal to produce or create illegal substances such as cocaine, methamphetamines, ecstasy, or LSD. These produced substances require certain laboratory equipment and chemicals. An example of this is the following: the police enter Lydia's apartment. Lydia has the lab equipment and chemicals necessary to develop ecstasy. From this, she will be arrested and face trial for violating drug cultivation and manufacturing laws. Furthermore, if you are cultivating a large number of plants you can be charged with cultivation with the intent to distribute. For example, if you live in Florida and are caught with more than 25 marijuana plants in your home you can be charged with the intent to distribute and sell, which is a second-degree felony in the state of Florida. Drug Possession Laws Drug possession laws make it illegal to intentionally possess illegal substances such as marijuana, heroin, LSD, and more. Possession laws can also make it illegal to own the chemicals necessary to manufacture illegal controlled substances. The punishment for these laws varies according to drug type, amount, and geographic area. They usually have a fine component and depending on the severity will require the incarceration of the individual found guilty of possessing drugs. However, when a person is found in possession of a large quantity of an illegal substance they can be charged with "possession with intent to distribute drugs". Drug Distribution and Trafficking Laws Drug distribution and trafficking laws prohibit the selling, transportation, and illegal import of illegal substances. The punishment for these offenses varies depending on several factors, such as drug type, amount, geographic area, and whether or not minors were targeted in the drug sales. These laws can be applied to individuals or groups of involved persons. These are some of the most severely punished drug laws, usually requiring large fines and extensive jail time. For More Information Drug-related crimes can be difficult to navigate. If you would like more information on drug laws or defense against being accused of a drug-related crime please visit https://lawyercarl.com/possession-with-intent-to-distribute-and-simple-possession/ today.
Learn About Whistleblower Protection in the UAE
As UAE is increasingly characterized as an economical hub, economic security is regarded as one of the most important issues in an ever-growing economic hub of the middle east. An aspect is appreciated increasingly about the whistleblowing where the employees play a critical role with respect to the wrongdoings in the company. It even helps in raising the confidence in the market along with the effort to popularize the concept of good corporate governance. The UAE law explicitly does not define the concept of whistleblowing. What is meant by the whistleblowing is the act of unveiling the illegal practices by the employees or the ex-employees that are carried on within the organization. The concept of whistleblowing is covered under the penal code of the UAE which includes a requisite whereby all the individual are required to report any type of criminal activity. But, when it comes to practice, the offense of whistleblowing is not the one that is rigorously imposed. It has yet another loophole, that it does not describe the unethical practices for which the criminal offense may be charged. It just provides with a protection to those who report any type of criminal activity. Unlike USA, until recently the government of the UAE did not provide for any type of protection to the whistleblowers, indicating to the fact that it was not a common practice in the middle east despite being a developed country, where whistleblowers were even given incentives for their act also. Dubai law no. 4 of 2016, namely the law on financial crimes, was a first attempt to introduce the whistleblower protection in the UAE. The prerequisite for the following are that the disclosure must be true, disclosure of such activities might result in the endangering of the economic security of Dubai and that the disclosure must be made to the Dubai Center of Economic Security. Where all of the above criteria will be met, the disclosing party will be protected against any of the proceedings which may be led against him. However this concept does not have a wider scope. In addition to this, since, the concept has not been used so frequently, the employees still lack the trust in order to disclose the facts. DIFC Attempts at Whistleblowing Law Not only this, an attempt has been made by the DIFC Authority with respect to the whistleblowing law, in ways of the DIFC operating law no. 7 of 2018. It enumerates that the employees have yet another obligation to disclose certain types of conduct. Further, it also provides for the protection of the whistleblowers. The DIFC law provides that as far as the registered entities of the DIFC are concerned ( also known as the registered persons) need to disclose the facts that are inclusive of, firstly, any act that contravenes any operating law or its regulations or any other law; secondly, the fact that involves non fulfillment of any obligation mentioned under any law and lastly, any other act which is set out in any law. The punishment for those who doesn’t fulfill the requirement of such disclosure will amount to USD10,000. As far as the protection of the whistleblowers are concerned, the DIFC law provides that the ones who disclose such matters in good faith in accordance to the laws will not be be subject to any liability arising out of contractual terms or out of the legislative aspect. They will also be prevented from any kind of civil, contractual or other remedy. Further, protection of the employees from the removal from the employment by the employers is also provided for under this law. A punishment in contravention to these have been provided for in the form of a fine of USD 30,000. If the employee, suspect any of the above acts, then in that case, the protection of whistleblowers is not included. It is limited to the ones which are true facts. Nonetheless, it provides with a chance to the company to improve their corporate governance with respect to the creation of policies related to the whistleblowing as well as their procedure and a regulation that will create a contractual obligation on the employees to report any kind of wrongdoing in the company.
What is the current impact of the COVID-19 pandemic on commercial and consumer contracts?
The Covid-19 pandemic is still interfering heavily with international trade creating disruptions and delays on an unprecedented scale. The world has completed more than one year since the Covid-19 outbreak. However, its far-reaching effects are still far from over. Pandemic outbreaks have occurred before on numerous occasions, and they have had a crippling effect on the world economy. However, never before the world has collectively experienced such bottleneck effect on international trade and shipping. The underlying causes are numerous and include factory closures, supply shortage, transit and payment delays, to name a few. Many businesses have been pushed to the brink of bankruptcy in increasing numbers worldwide. In this article, we would identify several common legal and commercial issues. We would like to illustrate the legal measures applicable in the UAE in case of non -performance of commercial and consumer contracts on account of the pandemic. One of the most common after-effects of the pandemic has been the 'contractual non -performance' on account of conditions that are beyond the control of the contractual parties or, in other words "Force majeure conditions". The word Force majeure is a French term that literally means "greater force", and in legal terms, it refers to 'unforeseeable circumstances that prevent someone from fulfilling a contract'. The Federal law no. 5 of 1985 and its amendments on the Civil Transactions (UAE Civil code) states ‘force majeure' as follows: Article 273 In bilateral contracts, if a force majeure arises that makes the performance of the obligation impossible, the corresponding obligation shall be extinguished and the contract ipso facto rescinded. If the impossibility is partial, the consideration for the impossible part shall be extinguished. This shall also apply to the provisional impossibility in continuous contracts. In both instances, the creditor may rescind the contract provided the debtor has knowledge thereof. Further, articles 274- 275 states the legal position if a force majeure condition is established as per article 273. Article 274 When a contract is or shall be rescinded, the two contracting parties shall be reinstated to their former position prior to contracting, and in case this is impossible, the Court may award damages. Article 275 If the contract is dissolved on the grounds of nullity, rescission or for any other reason, and both contracting parties have to return what they have taken possession of, each one of them may retain what he has received, as long as the other party did not restitute what he has received from him, or did not submit a guarantee for its restitution. Despite the recognition of force majeure conditions under the UAE law, the parties to a contract should not be too quick to rely on the said general principle and should try to resolve the issues on mutual terms. As pursuant to Article 267 of the Civil code, "If a contract is valid and binding, none of the contracting parties may revoke, modify or rescind it except by mutual consent, order of the court or a law provision". UAE courts generally interpret force majeure conditions restrictively for each case as per its unique facts and circumstances. In addition, the UAE law imposes each party to confer with the good faith principle and to fulfil their contractual obligations.
Why are UK Visit Visa Refusals so common?
Getting Down from a UK Visit Visa turndown has always been clumsy due to the Entry Clearance Officer refusing nearly a maturity of the Visit Visa aspirants for the most trivial reasons. Last time about visit visas were refused.  The UK Government has set a thorough set of guidelines to grease the entry of aspirants who wish to visit the UK in a short term base under visit visa similar as  Sufficient substantiation that the aspirant will return back to his home country  Sufficient bank balance so that he can grease his return back to his home country  Any other substantiation that the Home Office might feel to question about. The compass of substantiation is relatively nebulous when it comes to applying for a UK Visit visa. The aspirant under the guise of being ill-informed with respects to the proper substantiation that has to be handed in front of the Home Office is most likely to be refused as the Home Office themselves are formerly burdened with the tiresome quantum of operation.  Lack of chronologically placed attestation, as well as proper documents to be submitted, may be another reason as to why any aspirants would be refused to enter the UK.  Occasionally the aspirant not being apprehensive of the colorful visa options may mileage for a visa option which might not fall under the horizon of his conditions. For illustration, people applying for League-1 operation rather of Standard Visit Visa for business conditioning may be rejected outspoken if he falls short of the demand under the League-1 visa, as it's more strict than the Visit Visa.   Another reason of rejection is non-disclosure of any former issues similar as turndown from another country or concealment of any felonious record which would affect the interest of the Home Office. However, he might indeed attract a ban from the UK for certain period of times, If similar deceiving or non-disclosed statements come to the spotlight of the Home Office.  There are so many other reasons which the applicant may not be successfully able to enter through Visit Visa mostly due to being misguided by people who do not have any expertise or are not trained lawyers who specialise in immigration. The SmartMove2UK (a unit of SmartMove Immigration) being one such endeavour to assist in the process of smooth application to the UK without any hindrance and have assisted in transforming so many lives with their diligent team of solicitors, attorneys and paralegals, virtually guaranteeing you do not face a UK visa refusal; our firm boasts a record of never having been refused an application on technical grounds. If you would like to ensure that your visa application receives the sharp eye it requires to avoid some problems while applying for a visit visa, You can contact The SmartMove2UK on +919819127002 or info@smi.legal and book an consultation appointment
Importance to Hire a Lawyer to File a Complaint Against a Builder in RERA
Hiring a lawyer is not mandatory in every matter. Many situations that arise in one's life are such that due to the intricacies involved in law, it becomes necessary to hire a lawyer to resolve property matters. The same is the situation in developer claims or issues related to consumers. A good lawyer will not only assist in resolving the matter, but it will also deal with the matter from scratch and help in making consistent strategies and support under the law. Such a lawyer is now only a serving limb and a treasured asset for one's matter as he will make one obtain the relief he needs. Therefore, to avoid any complications in the matter and to resolve it immediately, it is essential for representation in Court to arrange and hire a lawyer and to keep your stance before the opposite party in question. There are many fold reasons for which it becomes crucial to take the assistance of the advocate: Law Is a Complicated Subject It is challenging to make our condition better by the best law, but it is easy to ruin it by bad laws. This statement in itself is sufficient to explain the importance of hiring a lawyer to assist in legal issues. A skilled lawyer can always beneficially help you. He will make sure that a litigant owns every required document and is prepared with a whole-some strategy to cover all the weak and strong points in the litigation so that he does not leave a loose end in the matter. He makes sure he has a good defence and attacks on all contentions of the opposite party. Not Taking Legal Assistance Can Cost You More Than the Loss Which a Person Is Going Through In claims against developers, the primary issue is that the client had already paid the money to the Developer, but he did not get timely possession of the property. So, the client has already suffered a lot of financial loss. If he still does not hire a lawyer, he may suffer more financial loss by getting trapped in the limited offers of the developers. They keep on asking for one or other interests, charges like maintenance, etc. So, to avoid such unnecessary payments to the developers, it becomes essential to consult an Advocate as to what costs are required to be made and whatnot. Assistance In Handling Documents and Paperwork It is imperative for one's matter before the Court that he/she has filed apposite paperwork before the Court to claim his relief from the Court. When a matter is filed in Court, there is a lot of paperwork filed along with the matter relevant in the case before the Court. However, few documents are neither essential nor beneficial to one's matter. Thus, there is a need for expertise to deal with such documents to turn the case in one's favour well within time before the Court. Requirement To Deal with The Matter at The Stage of Evidence It is essential to lead the best evidence before the Court to get a favourable order. It is important to produce the best favourable evidence and challenge the improper evidence that the opposite party may lead. A good attorney knows how to challenge and suppress inopportune evidence and turn the Court's opinion in one's favour. Law Works with Good Contacts A good attorney, to excel in his career, maintains an excellent professional relationship amongst his colleagues. His contacts in his network can help to amicably settle the matter or get the best deal for his client. In cases like claims against developers, it is a widespread practice to resolve the issues out of court, and that is where the expertise and contacts of one's attorney are required. To Have a Stand Against the Opposite Party's Attacking Tricks The opposite party must have engaged a lawyer to defend his matter. His lawyer also might put forward his best legal tactics and tricks. In such situations, it will be a significant disadvantage to one's matter if there is no legal assistance. A person himself will not have the understanding and knowledge to combat a legally qualified person. Therefore, it becomes crucial to have yourself represented through a good and experienced lawyer as he will act as a shield to the counsel of the counter-party. Therefore, due to the reasons mentioned above, it is suggested to hire a lawyer if any legal dispute arises with the Developer.