UAE Laws and punishments on kidnapping
The term "kidnapping” refers to the unlawful detention of a person or persons against their will (including through the use of force, threat, fraud, or enticement) in order to obtain that person's release in exchange for illicit gain, any other financial gain, or any other material benefit; or to compel someone to do or refrain from doing something. There are many different types of kidnapping charges. A person can be charged with kidnapping if they are accused of physically moving another individual without consent. In the case of child abduction, even attempted child abduction, there may be more circumstances that constitute the kidnapping of a child. In United Arab Emirates(UAE), kidnapping was rapid from 2003-2017 with an average of 6.8 per 100,000 people. According to the kidnapping rate data, the significant increase was in the years 2005 and 2006 which was about 19.6 and 18.80 per 100,000 people .throughout the years there was a gradual decrease in the rate which lead to a minimum of 0.7 per 100,000 people in 2017.. The Federal Decree-Law No. 31 of 2021 On the Issuance of the Crimes and Penalties Law (the ‘UAE Penal Code’) penalizes the act of kidnapping., If any of the requirements outlined in Article 395 are satisfied, the crime of kidnapping another person is penalized by life in prison. According to Article 395 of the UAE Penal Code, ‘any person who kidnaps, arrests, or detains another person, or deprives him of his freedom, by any means, either by himself or through an intermediary, in violation of the law, shall be sentenced to life imprisonment in the following cases: ‘.If the conduct is carried out while someone else is acting in a public capacity, purporting to perform an act or offer a public service, or communicating under a fake name. If the conduct involves deceit, the use of force, the threat of killing someone or doing them significant injury, or bodily or psychological torture if a person carrying a weapon or two or more people conduct the crime.if the kidnapping, arrest, incarceration, or freedom restriction lasted over a month.If the victim is a woman, a child, a mad person, an idiot, or someone who has a disability. If the intent behind the conduct is financial gain, retaliation, rape, sexual assault, injury to the victim, or the provocation of criminal behavior, then it is unlawful. If the conduct was carried out against a public official while they were doing their duties. If the victim dies as a result of the conduct, the perpetrator will be given the death sentence. In one of the recent cases in October 2022, a lady was kidnapped by two men, the victim was assaulted for 3 consecutive days, robbed, and threatened for money by sending the victim's immoral photos and videos to the victim's family. The CIDs suspected the criminals and the law punished them under Article 395 of the UAE penal code and were asked to pay the victim an amount of 170,000 dhs. In 2023 a case was reported where a Gang of five was jailed for kidnapping, assaulting a man, and stealing Dh28,000 he withdrew from an ATM, the gang was convicted and sentenced to life imprisonment. Another case that recently gave a concern is a man who was punished for kidnapping his own child .underher husband and daughter went on a walk and never returned, the husband kidnapped the six-year-old child and left the country saying his wife was on a travel ban to Russia. the woman filed a case, but as they were still married she lost, meantime they divorced and went for child custody Finally, she won the case as according to the prosecutors the man's name is being flagged by Interpol"What he did is a crime stipulated in Article 329 of the UAE Penal Code, which states that parents or grandparents who personally or with the assistance of another person, kidnap their child/grandchild from the person who has the right of custody, shall be punished with imprisonment or fine. In conclusion, Article 395 of the UAE Penal Code provides rights and freedom for individuals to live. If the conditions under Article 395 are met, the criminals are given a life sentence and an amount to be paid according to the court's decision. Thus in UAE, the kidnapping cases have been reduced due to the strict laws and orders given by the court.
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