Mistakenly Carrying Drugs in the UAE?

A recent favorable judgment issued in favor of a defendant against whom the custom public prosecutor registered charges for import and possession of drugs typically highlights the importance of knowledge and intention whilst committing a crime within the country. The facts of the case as described by Criminal Lawyers of Dubai presents that an accused was arrested on the grounds that he received a shipment which contained narcotics substances. The customs authority at Abu Dhabi arrested the accused and handed him over to the public prosecutor for further investigation. Upon seizing the package received from another country and submitted the police report and the accused for trial before the Criminal Court of First Instance. The accused represented by Best Criminal Lawyers of Dubai refuted all the charges registered against him light of the fact that he was ignorant of the substances present inside the bundle and he had no expectation to commit such unlawful offense. The issue was looked into and judged upon by the criminal court based on merits.

Almost all residents of UAE are aware of the fact that possession, imports, transportation and usage of narcotic and psychotropic substances are forbidden in the country. The Federal Law Number 8 of 2016 concerning the Combatting of Narcotics Substances (the Drugs Law), administers the possession and use of restrictive drugs. The law forces punishments on those who produce, sell, use, possess, and import-trade disallowed drugs in the nation. As per Article 6 of the Drugs Law, the import, trade, fabricate, production, ownership, acquisition, or abuse of such substances are strictly forbidden. Be that as it may, in a few cases, the law permits the client to have ownership of opiates or psychotropic substances, contingent on the weight which ought not to surpass a recommended limit followed by a prescription.

The question before the Criminal Courts of Abu Dhabi was to determine if the Intention to commit a crime is as equal as the crime itself in the light of accessible realities. The court needed to decide if the blamed had the information for opiate drugs being available in the package and his intention to use them, considering his negative medical records. The court stressed the reality of the violations referenced under Narcotic Drugs Law, which shall be committed with a presence of mind or an intention to commit such crimes. In such conditions, the court can’t expect or consider an accused liable of a crime except if demonstrated in any case through significant proof or evidence. In addition, the court relied on the ruling of the Supreme Court which states that the accused under a drugs charge shall have a connection with narcotic substances and shall have the intention to utilize them for personal use or profit.

The guideline similarly features that the accused must, consistently have the information that the substance is an opiate substance or that he is in control of an opiate product, neglecting to demonstrate of which will result in the acquittal of the accused. Considering varying laws of UAE, it is pertinent for anyone trapped in a criminal act to contact Best Criminal Lawyers of Abu Dhabi to seek legal assistance.

Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.