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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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I want to file case of defamation to other staff...
I want to file case of defamation to other staff in our company accommodation . They accuse me of poisoning someone. How can i go about this
إطرح سؤالك
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that in addition to our previous answer, threats and defamation are considered a crime punishable by law and can go to the nearest police station or to the Public Prosecution and submit a criminal complaint and explain the matter in detail and to follow the investigation procedures by knowing the prosecution and judicial control matters
As there are two kinds of defamation according to articles 372 & 373 from the amended version of UAE Federation Law No. 3 of 1987 (the "Penal Code").
Article 372 provides for any public declaration that exposes the victim to public hatred and contempt, while article 373 provides for any false accusation that harms the victim's honor or discredits the public.
Therefore, the procedure for filing a complaint is as follows.
1. Defamation includes oral and published statements, including any statement posted on a site and harming the person concerned with the advertisement.
2. Defamation claims shall be filed with the police within three months from the date of the “ defamation declaration”.
3. When filing a criminal complaint, the police investigate the complaint. If there is evidence of the defamation allegation, the case is referred to the Attorney General for a decision.
4. If defamation is not proved, the plaintiff may make a civil claim against the damage in accordance with the principle of civil breach (“unlawful acts causing harm”) and may be entitled to financial compensation, provided that the damage is established.
5. Insulting or assaulting any religion, by any means (including posting religious comments on Twitter and Facebook), is a crime leading to imprisonment for up to 7 years.
6. The UAE courts will not grant judicial relief to prevent any future "defamatory statement".
7. If the charge is proved, the individuals concerned may be sentenced to up to two years' imprisonment or a fine of up to AED 20,000. Referring to the UAE Code of Criminal Procedure and to the provision of Article 10, criminal proceedings may not be brought in the following offenses. Except on the basis of a written or oral complaint from the victim or his legal representative:
1. Theft, fraud, breach of trust and concealment of things obtained from the victim if the victim is the husband of the offender or one of his or her assets or branches and these things were not judicially or administratively held or overburdened to another person.
2. The child shall not be extradited to those who have the right to request and be removed from the authority of his or her sponsor.
3. Refraining from performing maintenance, custody, lactation, or sentenced housing.
4. Insulting and slandering people.
5. Other offenses provided for by law.
The complaint shall not be admitted three months after the day the victim and the perpetrator learned of the crime, unless the law provides otherwise. This part of the penal notch
So you can file a criminal complaint against this person for the possibility of tracing him and arrest him.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that in addition to our previous answer, threats and defamation are considered a crime punishable by law and can go to the nearest police station or to the Public Prosecution and submit a criminal complaint and explain the matter in detail and to follow the investigation procedures by knowing the prosecution and judicial control matters
As there are two kinds of defamation according to articles 372 & 373 from the amended version of UAE Federation Law No. 3 of 1987 (the "Penal Code").
Article 372 provides for any public declaration that exposes the victim to public hatred and contempt, while article 373 provides for any false accusation that harms the victim's honor or discredits the public.
Therefore, the procedure for filing a complaint is as follows.
1. Defamation includes oral and published statements, including any statement posted on a site and harming the person concerned with the advertisement.
2. Defamation claims shall be filed with the police within three months from the date of the “ defamation declaration”.
3. When filing a criminal complaint, the police investigate the complaint. If there is evidence of the defamation allegation, the case is referred to the Attorney General for a decision.
4. If defamation is not proved, the plaintiff may make a civil claim against the damage in accordance with the principle of civil breach (“unlawful acts causing harm”) and may be entitled to financial compensation, provided that the damage is established.
5. Insulting or assaulting any religion, by any means (including posting religious comments on Twitter and Facebook), is a crime leading to imprisonment for up to 7 years.
6. The UAE courts will not grant judicial relief to prevent any future "defamatory statement".
7. If the charge is proved, the individuals concerned may be sentenced to up to two years' imprisonment or a fine of up to AED 20,000. Referring to the UAE Code of Criminal Procedure and to the provision of Article 10, criminal proceedings may not be brought in the following offenses. Except on the basis of a written or oral complaint from the victim or his legal representative:
1. Theft, fraud, breach of trust and concealment of things obtained from the victim if the victim is the husband of the offender or one of his or her assets or branches and these things were not judicially or administratively held or overburdened to another person.
2. The child shall not be extradited to those who have the right to request and be removed from the authority of his or her sponsor.
3. Refraining from performing maintenance, custody, lactation, or sentenced housing.
4. Insulting and slandering people.
5. Other offenses provided for by law.
The complaint shall not be admitted three months after the day the victim and the perpetrator learned of the crime, unless the law provides otherwise. This part of the penal notch
So you can file a criminal complaint against this person for the possibility of tracing him and arrest him.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
الرد من العميل
Do u know or would recommend a lawyer who can assist with the case. Any probono u know of.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Welcome again!
It does not need a lawyer and you can file a complaint according to the explanation to you in the previous answer since the person who has the action is the Public Prosecution as it specializes in criminal cases and represents the community in the prosecution.
Kind Regards,
Welcome again!
It does not need a lawyer and you can file a complaint according to the explanation to you in the previous answer since the person who has the action is the Public Prosecution as it specializes in criminal cases and represents the community in the prosecution.
Kind Regards,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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