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What are the fines and punishments for forging Covid -19 PCR results in the UAE?

In response to the Covid-19 pandemic, the public authorities in the UAE have taken proactive and adequate measures to ensure the safety and wellbeing of its citizens, residents and visitors. The UAE currently leads the world nations in the number of Covid-19 vaccines administered, with 93% of its population being vaccinated and 82 % being fully vaccinated. This is a staggering achievement and combined with the Covid-19 protection measures, the country has successfully brought life close to normal, with residents being able to enjoy a more accessible and healthier environment compared to many other nations. 

Amongst the safety measures implemented by the UAE, the government has introduced the Al Hosn application, which functions as the official application of the government for both contact tracing, as well as health status updates related to Covid-19. The application serves as the e-platform facilitating the following measures:

* COVID-19 test results and a recording of all previous Covid-19 results with their respective dates

* Notification if one has been in contact or is confirmed with a case of Covid-19

* All information concerning Covid-19 vaccination showing the type of vaccine taken and the certification authenticating the dosage and the number of vaccines taken.

Obtaining negative PCR tests has been one of the measures implemented by the UAE government, and the Al Hosn app is relied on for sharing test reports as well as vaccination certificates. The government has been strict in implementing these measures in order to ensure the safety of all people, and thus it can be considered a grievous offence if one forges a PCR test report. On one part, such an act will be violating the criminal law as it would constitute the criminal offence of ‘forgery’, and on the other hand, such an act also compromises public safety and directly violates the safety measures imposed by the government.

Under the Federal Decree-Law No. 34/2021 ‘Concerning the Fight Against Rumors and Cybercrime’, ‘ Anyone who forges an electronic document of the federal or local government, or the public federal or local authorities or institutions shall be sentenced to provisional imprisonment and to pay fine of not less than one hundred fifty thousand Dirhams (Aed 150,000) and not more than seven hundred fifty thousand Dirhams(Aed 750,000).If the forgery is committed in documents of a body other than the bodies described in above clause, then the penalty shall be detention and/or payment of fine of not less than one hundred thousand Dirhams (Aed 100,000) and not more than three hundred thousand Dirhams (Aed 300,000). Everyone uses the forged electronic document, while informed of its forgery, shall be sentenced to the same penalty established for the crime of forgery’.

Apart from the hefty fines mentioned above, an imprisonment sentence may also be awarded for flouting health rules and posing a threat to the safety of the people. Many such arrests have taken place in the UAE, and the arrested personnel have been subject to a criminal trial. 

Some of the other types of fines that are being imposed as part of the COVID-19 safety protocols include the following:

Fine Amount

AED 50,000
· Refusing mandatory hospitalization while suffering from Covid-19 or neglecting to take the prescribed medicine
· Failing to adhere to home quarantine
· For shopping malls for not complying with guidelines related to opening and closing of facilities

AED 30,000
· For commercial facilities for not complying with guidelines related to opening and closing of facilities
· For organizers conducting private classes in person, in public or private, whether paid for or free

AED 20,000
· Failing to report workers who test positive to health authorities
· for hacking the systems of these applications or smart devices, damaging, altering or illegally obtaining information from them. The offender will also bear the cost of damages.
· Promoting or publishing misinformation about pandemic related matters, or encouraging people not to comply with measures
· Violating regulations determine number of people who can reside in one dwelling.
· Conducting private classes in person, in public or private, whether paid for or free
· Neglecting or ignoring duties assigned to you related to stopping the spread of Covid-19

AED 10,000
Not complying when stopped by officials on Covid-19 related issues
Changing or creating information in messages and results about Covid-19 tests
Breaking rules on social distancing at gatherings
Breaking rules on smaller gatherings
Violating procedures under the e-tracking system

The health system in the UAE provides both governments funded as well as private health facilities that provide a comprehensive health care solution. The covid-19 precautionary measures are strictly enforced within the UAE, with violations inviting hefty penalties. The UAE has also recently relaxed the rules concerning the wearing of face masks in certain public places. The new changes were brought in after the number of daily covid-19 cases had decreased by 60 per cent in comparison with the last year at this given time, which is a testament to the nation’s efficiency in handling the crisis of COVID-19. The country continues to pioneer in health care and is a leading example for the systematic handling of the covid-19 crisis and its continued economic growth and stability. 

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The Privacy Shield is the EU’s attempt to create a framework that will satisfy their concerns and help to put an end to the issues once and for all. Conclusion The Privacy Shield date is a major milestone in data privacy regulations, and it carries huge implications for businesses around the world. Data privacy is an increasingly important issue in today's digital economy, and the Privacy Shield date is an important step in that process. It will bring about major changes to the way businesses handle and protect customer data, making it even more important to understand what the Privacy Shield is and what it will mean for your business. With a little bit of awareness and preparation, you can make sure your business is ready for the Privacy Shield date.
UAE Judicial System Explained: Federal and Local Level
Introduction The judicial system of United Arab Emirates operates at two levels. It operates at a federal level and a local level. At the local level, the relevant Emirates have their own court system and judicial departments, whereas the judiciary at the federal level controls the courts and departments across the UAE. The degrees of courts which are available to the public (at both federal and local level), through which justice can be sought, are the following: 1) The Court of First Instance. 2) Court of Appeal. 3) Court of Cassation at the local level. The federal judiciary is headed by the Federal Supreme Court which is the highest judiciary authority in the UAE. According to Article 104 of the Constitution of the UAE, the local judiciary bodies in each Emirate shall have jurisdiction in all judicial matters that have not been entrusted to the Federal judiciary by virtue of the Constitution. Accordingly, Emirates like Dubai, Abu Dhabi and Ras Al-Khaimah follow their own local court system and have established their independent judicial departments. On the other hand, Emirates of Sharjah, Fujairah, Ajman and Umm Al Quwain are part of the Federal court system. A decision issued by the Court of First Instance, which is the primary court, may be appealed to the Court of Appeal. The judgement issued by the Court of Appeal could be further appealed to the Cassation Court or the Federal Supreme Court on limited grounds. Court of First Instance The Courts of First Instance have the right to consider civil, commercial, administrative, labour and personal status disputes. For criminal matters, the criminal courts (consisting of either 1 judge or 3 judges) will have jurisdiction to examine cases of misdemeanors, petty offenses and felonies. Court of Appeal The judgements and decisions issued by the Court of First Instance may be appealed before the Court of Appeal. Under Article 158 of the Civil Procedures Law, the appeal may be filed due to breach of the jurisdiction related to public policy, invalidity in the judgement or the procedures which has affected the judgment or decision, amongst others. For criminal matters, the accused and the public prosecution may appeal the judgement rendered by the criminal courts of first degree. In accordance with Article 230 of the Criminal Procedure Law, the appeal will not result in staying the execution of the appealed judgement unless otherwise decided by the court which issued it. Court of Cassation Appeal may be filed before the Cassation Court against the decision issued by the Court of Appeal in certain cases under 173 of the Civil Procedure Law. For instance, if the appealed judgment was based on breach of law or mistake in its interpretation or application, or was issued contrary to the rules of jurisdiction or the decision lacked reasons, had inadequacy or was ambiguous, amongst others. For criminal matters, public prosecution or the condemned party may challenge the decision rendered by the Court of Appeal in a felony or misdemeanour before the Cassation court on specified grounds as set out in Article 244 of the Criminal Procedure Law. These include where the challenged judgment is based on a violation of the law or a mistake in its application or interpretation, or if two contradictory judgments have been rendered on the same act, or if the judgment is void of any justification or if it is insufficient or obscure, etc. Special Courts Special courts have also been established under the UAE judicial system which deal with specific types of cases. These include labour courts, family courts, commercial courts, etc. These courts hear the matter which falls within their scope of expertise. Disputes to be heard by the Federal Supreme Courts According to Article 99 of the Constitution of the UAE, there are certain disputes which will have to be heard by the Federal Supreme Court. These include disputes between member Emirates or between an Emirate and the Federal Government, examination of the constitutionality of the Federal laws as challenged by an Emirate, interpretation of the provisions of the Constitution, crimes directly affecting the interests of the UAE including crimes relating to internal or external security, forgery of official records, etc., amongst others. Conclusion The UAE judicial system is proactive, effective and expeditiously tries to resolve matters, while continuing to serve justice to its people in a pragmatic manner. https://www.professionallawyer.me/legal-articles/civil-law/uae-judicial-system-explained-federal-and-local-level
Appeal Procedure Before UAE Courts
A decision issued by the Court of First Instance, which is the primary court, whether in a civil or criminal matter, may be appealed before the Court of Appeal. Grounds of Appeal in Criminal and Civil Matters The Court of Appeal may hear the appeal from the Court of First Instance on specified grounds. Under Article 158 of the Federal Law No 11 of 1992 (Civil Procedures Law), the following decisions may be appealed: 1) The decisions issued within the final quorum by the court of first instance, due to breach of the jurisdiction rules related to the public policy or because of the occurrence of an invalidity in the judgment or the decision or an invalidity in the procedures which has affected the judgment or the decision. 2) All the judgment or decisions within the final quorum may be appealed as well if the decision was issued in contradiction to a preceding judgment or decision not having acquired res judicata effect, and in such circumstance, the preceding decision shall be considered appealed by the force of law if it hasn’t become final when the appeal was filed. The appeal has to be filed within 30 days from the date of issuance of judgement under Article 159 of the Civil Procedures Law, unless the statute stipulates otherwise. The appeal is to be filed by submitting a pleading under Article 162 of the Civil Procedures Law. The pleading includes a statement of the appealed judgement, grounds of appeal, motion and information on the name of litigants and their details including capacities and their domiciles, amongst others. The appellant is required to deposit a security amount with the treasury. In criminal matters, the accused and the public prosecution may appeal the judgements rendered by the criminal courts of first degree under Article 230 of Federal Law No 35 of 1992 (Criminal Procedural Law). It should be noted that any judgment which pronounces a death sentence is considered to have been appealed de jure and its execution is stayed. Under Article 234 of the Criminal Procedural Law, the appeal to the appellate court is to be lodged within 15 days as of the date of pronouncing the judgement. The public prosecutor may appeal within 30 days from the time the judgement is rendered. Decisions of the Appellate Court & Further Appeal If the Court of Appeal deems that there is nullity in the judgment or procedures which affected the decision of the court of first instance, then it will cancel the decision under Articles 166 of the Civil Procedures Law and 242 of the Criminal Procedures Law. In criminal matters, it may re-judge the case, while in civil matters, it may decide the action it wants to pursue. The matter could also be returned to the court of first instance in some situations. The decision of the Court of Appeal may be further appealed to the Cassation Court. Under Article 173 of the Civil Procedures Law, an appeal may be filed before the Cassation Court in the following cases. * If the appealed judgment was based on breach of law or a mistake in its application or interpretation. * If a nullity in the judgement or in the procedures has affected the judgement. * If the appealed judgement was issued contrary to the rules of the jurisdiction. * If the dispute was adjudicated contrary to another decision which was issued in the same subject-matter among the same litigants and acquired the force of res judicata. * The decision’s lack of reasons, inadequacy or its ambiguity. * If the decision has ruled for matters not requested by the litigants or more than that requested by the litigants. In criminal matters, the final judgments rendered by the Court of Appeal in a felony or misdemeanor may also be appealed before the Cassation Court on the grounds mentioned in Article 244 of the Criminal Procedures Law. These grounds are explained below. * In case the challenged judgment is based on a violation of the law or a mistake in its application or interpretation. * If the judgment is void or there is a nullity in the procedures affecting the judgment. * If the court has adjudged the civil claim in excess of the amount claimed. * If the judgment is void of any justification or if it is insufficient or obscure. * If two contradictory judgments have been rendered on the same act. Under Article 256 of the Criminal Procedures Law, a public prosecutor will either, directly or upon a written request of the minister of Justice, challenge the final judgments, regardless of the court that rendered it, before the Cassation Court, where the challenge is based on a violation, misapplication or misinterpretation of the law, in the following cases. Judgments which the law does not allow the parties to challenge. Judgments in which parties have relinquished their right to challenge or have filed one but it was not accepted. Conclusion The procedure explained gives a broad overview of the process to be followed when a decision issued by the lower courts is challenged. In all such instances, it is crucial that experienced lawyers who have extensive skill and expertise to deal with these matters are hired, who can take on such cases and help in getting optimal results. https://www.professionallawyer.me/blog/civil-law/appeal-procedure-before-uae-courts/
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What You Need to Know About Utah Car Accident Lawyers: A Comprehensive Guide
Have you ever been involved in a car accident in Utah? Do you need help with what to do next? Are you seeking help navigating the complex legal process of filing a car accident claim? Look no further. This comprehensive guide on Utah car accident lawyers will help you comprehend what you need to know to navigate this process successfully. From understanding the basics of filing a claim to the importance of finding the right car accident lawyer for your case, this guide will provide you with the information and resources you need to move forward. With the proper preparation and guidance, you can ensure your legal rights are protected and that you receive the justice you deserve. Understanding the Basics of Filing a Car Accident Claim in Utah The first step in filing a car accident claim in Utah is to contact a car accident lawyer as soon as possible. By getting a lawyer, you will receive expert advice on the best action to protect your legal rights. Your lawyer will also be able to provide you with the necessary paperwork and resources to begin the process of filing a car accident claim. To file a car accident claim in Utah, you must prove that the other driver was at fault. This means that you must be able to provide evidence that the other driver was negligent in some way. This could include anything from not following traffic laws to speeding or impaired driving. To prove this, you must provide evidence such as police reports, witness declarations, and photos of the accident scene. It is also essential to understand that filing a car accident claim in Utah is a complex legal process. Depending on the details of your case, it could take months or even years to reach a final resolution. Your car accident lawyer will be able to help you navigate the legal process, ensuring that your case is handled correctly and efficiently. Common Car Accident Case Scenarios Car accidents can occur in several ways, and each case's circumstances will affect how it is handled in court. Some of the most common car accident case scenarios include: • Driver Negligence: If the other driver was negligent in some way, such as by speeding, not following traffic laws, or driving while impaired, you might be able to pursue a claim for damages. • Mechanical Failure: If your car was involved in an accident due to a mechanical failure, such as a tire blowout or brake malfunction, then you may be able to claim damages. • Manufacturer Liability: If your car was involved in an accident due to a defect in the design or manufacturing of the car, then you can pursue a claim for damages. • Hit and Run: If your car were involved in a hit and run accident, you could pursue a claim for damages. • Uninsured Drivers: You could claim damages if the other driver were uninsured. • Pedestrian Accidents: If you were involved in a pedestrian accident, you could pursue a claim for damages. • Bicycle Accidents: If you were involved in a bicycle accident, you could claim damages. How to Prepare for a Car Accident Lawsuit If you suffer a car accident and decide to pursue a lawsuit, it is crucial to be prepared. This includes gathering evidence and documentation to support your case, such as police reports, witness statements, and accident scene photos. Also, it would help if you were prepared to provide any relevant medical records and bills related to the accident. In addition, you should be prepared to provide any relevant financial information, such as pay stubs, bank statements, and tax returns, to prove that you have been financially affected by accident. Your lawyer will also need to know about any insurance policies you may have, and any potential settlement offers you have received. Resources and Tips for Finding a Qualified Car Accident Lawyer Finding a qualified car accident lawyer can be a daunting task. Fortunately, several online resources and tips help you find the right lawyer for your case. The American Bar Association (ABA) offers a directory of qualified utah car accident lawyers in your area. You can also check with your local bar association or state attorney general's office for a list of qualified lawyers. You should look for lawyers with experience handling car accident cases when searching. In addition, it would help if you looked for lawyers with a good reputation in the legal community willing to provide a free initial consultation. How to Ensure Your Legal Rights Are Protected When filing a car accident claim, it is vital to ensure that your legal rights are protected. One of the best ways of doing this is to work with a qualified car accident lawyer. Your lawyer will be able to provide you with the necessary legal advice and representation to make sure your case is handled correctly and efficiently. Your lawyer will also be able to advise you on how to negotiate a settlement with the other driver's insurance company. They will also be able to advise you on any potential legal strategies that may benefit your case. Tips for Negotiating a Car Accident Settlement Negotiating a car accident settlement can be a complex process. It is important to remember that the insurance company is not on your side and will do whatever it can to minimize the amount of money that it pays out. When negotiating a settlement, you should always be prepared to provide evidence to support your case. This includes police reports, witness statements, accident scene photos, and relevant medical records. In addition, it would be best if you were prepared to provide financial documents, such as pay stubs, bank statements, and tax returns, to prove that you have been financially affected by the accident. Your lawyer can also advise you on how to approach the negotiations. They can help you determine how much money you should be asking for and advise you on any potential legal strategies that may benefit your case.
All You Need to Know About Maritime Trade Law in the UAE
The United Arab Emirates is the central shipping point in the Middle East, operating several ports in the country, which contribute substantially to the GDP of the UAE. The law regulating the shipping industry and maritime trade is the Federal Law No. 26 of 1981 (Maritime Code). The Maritime Code regulates the procedure of registration of vessels, contracts of carriage, liens, limitation of liability, accidents or collisions of vessels, and arrest and sale of the vessels, amongst other things. Vessels Having UAE Nationality The Maritime Code defines vessels under Article 11/1 as follows. A vessel is any structure normally operating, or set for the purpose of operating, in the field of maritime navigation, regardless of its power, tonnage, or the purpose of navigation thereof. Every vessel is required to have a name, nationality, a flag to fly and a port of registry under Article 13. The registration and flag of the vessel determine its nationality and the country which exercises regulatory control of the vessel. According to Article 15, every vessel which holds the nationality of the UAE is required to fly the flag of the UAE. For a vessel to acquire the nationality of the UAE, it must be registered in any of the UAE’s ports and owned by a natural or juridical person having UAE nationality. In the event of an LLC, at least 51% of the capital has to be owned by persons holding UAE nationality and directors of the same nationality under Article 14. A vessel cannot sail while flying the flag of UAE unless it is registered under the Maritime Code. Legal Capacity of the Ship A ship does not have the legal capacity to be sued and therefore, any claim arising out of or in connection with a ship has to be filed against the ship’s registered owners and not against the ship itself. Can a Vessel be Mortgaged? Yes, a vessel whose total tonnage exceeds ten tons may be mortgaged. This is provided under Article 97 of the Maritime Code. The mortgage of the vessel is undertaken by entering into a mortgage contract under Article 99, which should set out the name of the vessel, capacity, nationality, port of registration and the date of the certificate of registration. Once the mortgage has been secured, it has to be registered at the bureau of the port of registration of the vessel under Article 102. The Maritime Code does not specify the mandatory terms of the mortgage and it appears that the legislator left it to the parties to determine the terms and conditions of the mortgage. That said, Article 1440 of Federal Law No. 5 of 1985 clarifies that the terms of the mortgage expire upon the expiration of the debt. The Arrest of the Vessel A vessel can only be arrested in satisfaction of a “maritime debt”. A maritime debt has been defined under Article 115 of the Maritime Code. Article 115/2 states that: The expression “maritime debt” shall mean a claim in respect of a right arising out of any of the following causes: 1) Damage caused by the vessel because of a collision or otherwise 2) Loss of life or personal injuries occasioned by the vessel and arising out of the use thereof. 3) Assistance and salvage. 4) Contracts relating to the use or exploitation of the vessel under a charter party or otherwise 5) Contracts relating to the carriage of goods under a charter party, bill of lading, or other documents, 6) Loss of or damage to goods or chattels being carried on board the vessel 7) General average. 8) Towage or pilotage of the vessel. 9) Supplies of products or equipment necessary for the utilization or maintenance of the vessel, in whichever place the supply is made. 10) Construction, repair or fitting out of the vessel, and costs of it being in dock. 11) Sums expended by the master, shippers, charterers or agents on account of the vessel or account of the owner thereof. 12) Wages of the master, officers and crew, and other persons working on board the vessel under a contract of maritime employment. 13) A dispute as to the ownership of the vessel 14) A dispute in connection with the co-ownership of the vessel, or with the possession or use thereof, or with the right to the profits arising out of the use thereof. 15) A maritime mortgage How to File for a Ship Arrest? In order to file a ship arrest application, the party must provide a power of attorney signed by it in favour of a local advocate, and the power of attorney must be signed before a notary public in the UAE. The application for ship arrest is to be filed with the civil court having jurisdiction. The ship arrest will only be ordered for the satisfaction of a maritime debt. An arrested vessel is forbidden to sail under Article 118. Setting Aside an Order for Arrest According to Article 118/2, an order of arrest can be set aside by the civil court if a guarantee or any other security is presented before the court which is sufficient to satisfy the debt. However, where the maritime debts relate to the dispute as to ownership, co-ownership, possession, use or right to profits arising out of the use of the vessel, the order of arrest may not be set aside under Article 118/2. Conclusion The laws governing the shipping industry in the UAE are complex and wide, although it is clear that the goal is to promote domestic and foreign trade in the country, economic security and develop UAE as the biggest maritime location in the world. https://www.professionallawyer.me/legal-articles/maritime-law/all-you-need-to-know-about-maritime-trade-law-in-the-uae
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10 Important Trends in Legal Technology That Will Impact Your Business
Legal technology is booming at an astonishing pace. The legal industry continues to evolve at a rapid rate, with new advances and developments constantly popping up. This has led to a surge in demand for law firms that can keep pace. Fortunately, there have been many positive external factors that have contributed to the growth of the sector as well. This article will discuss some of the most important trends in legal technology and why they are so important for your business. These trends will continue to accelerate over the next few years, and they will have a massive impact on your company’s operations as a result. Let’s take a look at what we mean by this and discuss some of the more prominent ones in more detail below. Legal Automation Automation is a key trend in legal technology, and it will continue to be so. The key driver behind this is the increased adoption of artificial intelligence in legal systems. This has led to many automation efforts being centered around AI. For example, you will often see AI deployed to help with document review and workflow management. AI is also proving to be a highly practical tool for other automation efforts such as document review, research, and discovery. Automation is being embraced by a growing number of law firms. The benefits of AI are becoming clearer every day, and they will be a key focus for many law firms over the next few years. Businesses across all industries are seeing the benefits of AI, and the legal sector is no exception. The use of AI will become more common over the next few years, and it will be an important trend for many law firms to keep an eye on. AI-Driven Legal Discovery & Review Artificial intelligence is being used greatly in the legal system to automate various administrative tasks. In particular, it is being used to speed up and automate discovery and document review. AI is being deployed at all stages of these processes, from the initial stages, where data is being collected, to the later stages, where it is being reviewed and organized. This can often reduce the effort required to complete these processes, leading to significant cost savings for all parties involved. Algorithm development is a key area for AI growth in the legal space. This is a growing industry, and there is great interest in new development tools for the legal sector. This can often be a very profitable area for development companies. These companies often develop the underlying AI technologies that are being deployed in legal systems, helping to speed up and automate these processes. As we enter an AI-driven future, there is no doubt that we will continue to see significant growth in the legal sector. This will allow businesses across the sector to reduce costs, increase productivity, and meet compliance standards more easily. Collaborative Software Development Collaborative software development has been another important trend since the beginning of the decade. It is often used to develop business intelligence and analytics platforms. However, collaborative development has also enabled other types of software to be built. One example of this is social software. This is often used to enable collaboration between departments, partners, and staff across a business. As legal firms continue to adopt technology and the impact of social software becomes more apparent, the value of collaborative efforts will become more apparent. The main benefits of collaborative software development are a reduction in costs and a reduction in the risks associated with developing and deploying software. Collaborative efforts allow a number of departments within a business to work together on a project. This can often lead to significant cost reductions, as many teams often find themselves working on a single project. It can also help to mitigate the risks of project failure. Provenance and Data Management Dual-sourced software has been one of the most important trends in legal technology. This is due to its focus on provenance, which is commonly used to enable data management. This is a hugely important trend, as it enables law firms to effectively use their data assets. It can also lead to significant cost savings, as many data assets are being handled in an inefficient manner. There is also an increased focus on data quality and governance as a result of provenance. This is often a critical aspect of any software project and is becoming a common focus. There has been a rapid pace of growth in the legal sector with regard to provenance and data management. This is due to the fact that many firms have found themselves in a situation where they have multiple sources of data. It is also often the case that these data assets are being handled in an inefficient manner. This has led to a growth in interest in provenance and data management technologies. Bottom line As you can see, legal technology has been flourishing over the past decade. The trend is set to continue, and it can be expected to have a major impact on your operations as a result. Many of the most important trends are centered around the use of artificial intelligence and automation. This can often result in significant cost reductions, helping to make it a key focus for many firms. Additionally, the use of collaborative software development will result in significant cost reductions and risk mitigation. All of these trends are set to have a major impact on your business, and they will be important to keep an eye on in the future.
What is RICO: Everything You Need To Know
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Evidence Law in The United Arab Emirates – An Overview
General Overview Broadly, evidence means any information which is presented by either party in a legal proceeding to provide support in a case. The objective is to enable the courts to resolve or decide the matter conclusively. In the UAE, evidence in civil and commercial matters is governed and regulated by the Federal Law No. 10 of 1992 On Evidence in Civil and Commercial Transactions (Evidence Law). The UAE Evidence Law sets out the procedure and guidelines for presenting written evidence, the use of oral witnesses, expert evidence and other related matters. Background to the UAE Legal System The UAE is made up of 7 emirates - Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al-Quwain and Fujairah. The UAE follows a civil legal system in which the judgments from the courts act as guidelines for future cases which need not be mandatorily followed. That said, the Dubai International Financial Centre (DIFC), a free zone established within UAE, has its own legal and regulatory framework for civil and commercial matters which is based on common law principles. The DIFC courts enforce common law principles for resolving civil and commercial law matters. However, the DIFC continues to be subject to UAE criminal laws. What are the general rules of evidence? According to Article 1 of the Evidence Law, the plaintiff has to prove his right and the defendant has to disprove it. The facts which have to be proved must be related to the case, productive and acceptable. If there is no guidance on a matter of evidence, the rules of Islamic Shari’a would be followed, in accordance with Article 6 of the Evidence Law. Expert Evidence – Meaning and Scope If there are matters which require the opinion of an expert, the courts may seek the opinion of the relevant expert for adjudicating a case under Article 69. The Federal Law No 7 of 2012 on the Regulation of Expertise before the Judicial Authorities (Expertise Law) states the criteria for registering as an expert with the Ministry of Justice. According to Article 3, an expert must be of good conduct and behavior, not have been convicted of a felony or misdemeanor involving breach of honour or trust, have a university degree with accreditation in his field of specialization, and have experience of 7 years after graduation in his area of expertise in case of a citizen and 15 years in case of non-citizens, amongst others. The expert must pass the procedures and tests prescribed by the Ministry. The expert will prepare a report on the matter, indicating his opinion and the basis of his opinion under Article 84 of the Expertise Law. Parties are given a short period to submit their comments and give responses to the initial report, after which the final report is submitted to the judge. It should be noted that the expert’s opinion is not binding on the court and where a decision is issued by the court which is contrary to the expert’s opinion, the reasons to disregard the expert opinion will have to be stated under Article 90 of the Evidence Law. Non-experts will not be permitted to practice the profession of expertise in the legal proceedings, except where the parties to litigation have agreed to choose experts. In this case, the court will approve their agreement under Article 70 of the Evidence Law and Article 2 of the Expertise Law. Kinds of Evidence The Evidence Law recognizes both written evidence and oral evidences. Written evidence could be in the form of official statements, customary statements, etc., while oral evidences include testimony of witnesses. Documents can be entered either in physical form or electronically. According to Article 17 (bis) of the Evidence Law, electronic signature, writings, correspondence, registers, and documents have the same binding force as physical signatures, writings, correspondence, registers and official and customary documents, if it fulfils the conditions and provisions of the physical documents under the Evidence Law. https://www.professionallawyer.me/legal-articles/civil-law/evidence-law-in-the-uae-an-overview
What Should You Do After Being Attacked by a Dog in Texas
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