The presumption of innocence was originally expressed by French cardinal and canonical jurist Jean Lemoine in the phrase “item quilbet presumitur innocens nisi probetur nocens (a person is presumed innocent until proven guilty)”, based on the legal conclusion that most people are not criminals. [27] However, this referred not only to the fact that the burden of proof in criminal proceedings lies with the prosecution, but also with the protection that an accused should receive: prior notification of the charges against him, right to confrontation, right to legal assistance, etc.[28] It is literally considered evidence favorable to the defendant, that is automatically joined to the hearing. [29] It requires the trial judge, whether jury or judge, to proceed from the presumption that the state is unable to support his or her application. [27] In order to ensure respect for this legal protection, criminal procedure governs three interrelated provisions. The presumption means:[23] In Dubai, tourists can obtain a temporary liquor license from the two official liquor retailers in Dubai for a period of one month. Tourists are given a code of conduct and are asked to confirm that they understand the rules and regulations regarding the purchase, transportation and consumption of spirits in Dubai. This license is intended for use only in the emirate where it was issued. Some skin care products and e-cigarette refills may contain ingredients that are illegal in the UAE, such as CBD oil. If you are found in possession of these products, they will be confiscated and you could be prosecuted.
A list of narcotic drugs, psychotropic substances and controlled drugs to which this rule applies, the authorized quantities and the documents that must be submitted can be found on the website of the Ministry of Health of the United Arab Emirates. The judiciary of the United Arab Emirates is fully independent and judges are not subject to any authority other than the rule of law and its conscience. The United Arab Emirates adopts three levels of contentious tribunals. This system allows the party concerned to contest the case and present more evidence within the limits of the law. Justinian`s sixth-century reference work (22.3.2) provides as a general rule of proof: Ei incumbit probatio qui dicit, non qui negat[1] – “Proof is incumbent on him who affirms, not on him who denies”. [2] It is attributed to the jurist Paul as early as the second and third centuries. It was introduced into Roman criminal law by Emperor Antoninus Pius. [3] 1. Highway Code – You are not allowed to drive in the UAE without a valid license. If you are a tourist, you will need an International Driving Permit, and if you are a resident, you will need a UAE driver`s license.
In addition, you should carefully follow speed guidelines and other traffic rules. Failure to do so can lead to serious problems, including fines and earning some black spots. If a resident receives more than 12 black spots in a year, their licence may be cancelled. 2. Alcohol consumption – With the exception of Sharjah, UAE, tourists and residents are allowed to consume alcohol in licensed establishments. To consume alcohol at home or in unauthorized establishments, you need a liquor license, which can be obtained if you are a non-Muslim, over the age of 21, and have a monthly salary of at least 3,000 Dhs. Last but not least, driving under the influence of alcohol is a serious crime. So avoid it at all costs. 3. Drugs – The use or supply of drugs is a serious crime in the UAE without any tolerance. The charges include arrest, detention and deportation.
4. Public display of affection – According to UAE federal law, public displays of affection go against local culture. Holding hands is fine, but otherwise it is a serious offence. Failure to comply with this rule is punishable by imprisonment. 5. Cheques – Undeliverable cheques are a criminal offence in the UAE. In case of skipping a check, the penalty includes a prison sentence of 1 month to 3 years. Now, you may need to use pre-dated UAE checks for rental purposes. And often, you may forget to keep optimal funds in your account, and there`s a chance a check will be rejected. However, to avoid such a situation, Emirates NBD has an excellent solution: the Flexi-Cash facility. This facility ensures that you always have money available for urgent needs.
You can draw on your salary or fixed deposit for much-needed instant cash assistance. If your cheque needs to be paid and you don`t have enough money in your account, you can take advantage of this option and avoid a rejected cheque. 6. Indecent Swear/Gestures – It is a serious crime to curse or make indecent gestures while driving or otherwise in the UAE. Depending on the case, the penalty can be up to 6 months imprisonment and even deportation. 7. Contempt for a religion – It is deeply tolerated to disregard a religion in the UAE. Since Islam is the religion of this country, it is important to remember that you do not lack respect for Emirati culture, Islam and the leaders of this country. These are some of the most important laws and regulations in the UAE. Keep them at a distance to avoid finding yourself in an awkward situation. Public expressions of affection are frowned upon and there have been several arrests for kissing in public. In general, the legal drinking age in Abu Dhabi is 18, but a Ministry of Tourism regulation prevents hotels from serving alcohol to people under 21.
In Dubai and all other emirates except Sharjah, the drinking age is 21. Alcohol consumption in Sharjah is illegal. Weapons, ammunition, bulletproof vests and related equipment (such as cleaning kits, weapon belts, etc.), regardless of quantity and purpose, all require a permit before entering or transiting through the UAE. Sharia law prescribes the Personal Status Law, which governs matters such as marriage, divorce and custody. Sharia-based personal status law applies to Muslims and even non-Muslims when they volunteer. [71] Non-Muslims may be subject to Sharia rulings on marriage, divorce, and custody. [71] However, it is up to the non-Muslim party to request the application of foreign family laws to a particular case. The judges would grant these requests in accordance with article 1 of the Civil Status Act. Swearing and rude gestures (including online) are considered obscene acts and offenders can be imprisoned or deported.
Be especially careful when dealing with police and other officials. In 2015, 40% of all cases investigated by the Public Prosecutor`s Office concerned offences committed by minors. [4] This duty of prosecution was described by Lord Sankey LC in Woolmington v DPP as the “golden thread” of criminal law: if you want to buy property in the UAE, you need to seek appropriate professional advice, as in the UK. A list of lawyers from Abu Dhabi and Dubai is available on the UK Embassy website. The wording of the Federal Penal Code provides for a presumption of bad faith on the part of “the person who signs a trafficking without sufficient pay and resolves”. In practice, however, it is much more common for a cheque to be deposited by the beneficiary as a means of threat and blackmail than for the subscriber to be a man. [54] Romantic kisses in public places are considered rude to Emirati culture and are discouraged. However, normal kisses or hugs are acceptable. [56] Sexual intercourse in public spaces is a crime punishable by law. [57] In 2022, the holy month of Ramadan is expected to begin on April 3 and end on May 2.
See Travelling during Ramadan Blackstone`s ratio, as the English lawyer William Blackstone said in his seminal work Commentaries on the Laws of England, published in the 1760s: Changes have been made in the United Kingdom concerning this principle. The criminal record of accused persons may be disclosed to jurors in certain circumstances. Although the suspect is not obliged to answer questions after his official arrest, failure to provide information can now be detrimental in the process. There is also a law that provides for criminal penalties for failure to decrypt data at the request of the police. If the suspect is unwilling to do so, it is a criminal offence. [37] Citizens can therefore be convicted and imprisoned without proof that the encrypted material was illegal. In addition, in cases of sexual offences such as rape where the sexual act has already been proven beyond a doubt, there are a limited number of circumstances in which the defendant is required to provide evidence that the complainant consented to the sexual act or that the accused reasonably believed that he consented to it.