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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Can I file a complaint against my employee who is...

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Can I file a complaint against my employee who is making false accusations against me in labour complaints

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How I file a complaint against my employee who is making false accusations against me in labour complaints regarding salary, cancellation, gratuity

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%


We would like to inform you that In accordance with the law of Cyber-crime and information technology, as well as the UAE Penal Code, the offense is punishable by law and you can go to the nearest police station or go to the public prosecution and submit a criminal complaint and explain the matter in detail in order to follow the procedures of the investigation with knowledge of the prosecution. The punishment imposed on the crime is provided in article 20: the Law against the Crimes of Information Technology punishes the crime of insulting others using an information network or an IT means, with imprisonment and a fine of not less than 250 thousand dirhams and not exceeding 500 thousand dirhams, or one of the two penalties. We recommend following up on the complaint that has been filed and that we expect to refer the complaint to the court in order to issue the sentence against the accused.
In Articles 372 and 373 of UAE Federal Law No. 3 of 1987 (as amended) ("the Penal Code"). Article 372 deals with a publicity which exposes the victim to public hatred or contempt and Article 373 deals with a false accusation that dishonors or discredits the victim in the public eye.
The procedures for filing the complaint are as follows.
1. Defamation includes verbal and published statements, including any statement posted on a site and harming the person concerned.
2. Defamation suits shall be filed with the police within three months from the date of issuing the “Defamation statement".
3. When filing a criminal complaint, the police investigate the complaint. If there is evidence of the defamation claim, the prosecutor shall refer the case to the Attorney General for the decision.
4. If defamation is not proven, the claimant may file a civil claim against the damage in accordance with the principle of civil wrongdoing ("unlawful acts causing harm") and may be entitled to financial compensation, provided that the damage is proven.
5. The abuse of any religion, by any means (including the publication of religious comments on Twitter and Facebook) is a crime leading to imprisonment for a period of seven years.
6. Emirates courts will not grant judicial release in order to prevent any "defamation statement" from being issued in the future.
7. If found guilty, the individuals may be sentenced to up to two years' imprisonment or a fine of up to 20,000 dirhams.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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