What is The Difference Between a Bribe and Blackmailing?

Bribe and blackmail are two different concepts under criminal law. Bribe is generally understood to mean offering a gift or a benefit to another person who is in a position of power or who holds a public office, in exchange for a favor which may not be in line with his duties. On the other hand, blackmail may be understood as coercing a person to do certain acts by threatening adverse consequences if he does not commit such acts.

What does the UAE law say about bribe?

While the UAE does not have a separate anti-bribery law, the Federal Decree-Law No 31 of 2021 On the Issuance of the Crimes and Penalties Law provides criminal sanctions for actions of bribery.

Articles 275 to 287 of the UAE Penal Code set out the relevant provisions related to bribery, including the actions which constitute bribe and the penalties entailed.

In accordance with Article 275 of the UAE Penal Code, any public official, including a foreign public official or a person assigned to a public service or an employee of an international organization, who engages in bribery will be punished with temporary imprisonment. Temporary imprisonment is understood to mean imprisonment between 3 years to 15 years, unless the law provides otherwise.

The act of bribery could include demanding, accepting or receiving gifts, benefits, or a promise of such gifts, benefits, in order for the concerned public official to either act or omit to act in the course of his duties or violate his duties. Article 275 is set out below.

"Article 275

Every public official or person assigned to a public service or foreign public official or an employee of an international organisation who, demands, accepts, or receives, either directly or indirectly, an undue gift, benefit, or grant, or is promised of the same, whether to the employee himself or to another person or another entity or establishment, in order to perform or to omit an act included within the duties of his office or in the course of such office, or to violate his duties, even if he has not intended to perform or to omit the act or to violate the duties of his office, or if the demand, acceptance, or receipt is done after the performance or omission of the said act or after the violation of duties, shall be sentenced to temporary imprisonment."

Additionally, a person employed or managing an establishment in a private sector who is engaging in bribery, whether by demanding or accepting such bribes, could also be liable for penalties. The punishment includes imprisonment for a period not exceeding 5 years. The concept has been explained in Article 278 of the UAE Penal Code, as set out below.

"Article 278

Any person managing an entity or establishment of the private sector, or employed in whatsoever capacity for either one, who demands or accepts, either directly or indirectly, an undue gift, benefit, or grant, or is promised of the same, whether to the person himself or to another, in order to perform or to omit an act included within the duties of his office or an act which constitutes a violation of the said duties, even if he has not intended to perform or to omit the act, or if the demand, acceptance, or promise is done after the performance or omission of the said act, shall be sentenced to temporary imprisonment for a period not exceeding five (5) years."

However, an exception has been provided under Article 284 of the UAE Penal Code, under which if the briber or the bribe taker reports the crime to judicial or administrative authorities prior to discovery of the bribery, he will be exempt from punishment.

What are the key provisions related to blackmail?

Under Article 402 of the UAE Penal Code, if a person threatens another person against his life or property, or life or property of a third person, or threatens to disclose matters against the honour, when such matter is associated with a request or assignment to act or omit an act or intended for such purpose, such person will be sentenced to temporary imprisonment for a period not exceeding 7 years.

Additionally, under the Federal Decree-Law No. 34/2021 Concerning the Fight Against Rumors and Cybercrime (Cybercrime), extortion or threatening another person electronically, to make him perform an act or abstain from doing such act is punishable under Article 42. The punishment includes imprisonment for maximum 2 years and / or fines ranging from AED 250,000 to AED 500,000.

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.