Is drug abuse outside the country a drug crime under UAE law?

State courts are not competent to hear drug crimes law proceedings if the accused is found to be guilty outside the state.

The offense of drug abuse is a temporary drug crime and is not continuing

What if drugs are taken outside the UAE

What the UAE provides for in the fight against narcotic substances and psychotropic substances according to Drug Crimes and Criminal Law:

“The crime of drug abuse is a temporary crime, not a continuing crime, because its material element is achieved at a specific moment of time and ends with the end of the act of abuse.

This is not affected by the continuing effect of the crime of drug abuse since the effect of the act is not to be considered in its legal adaptation

Article 142 of the Code of Criminal Procedure stipulates that “jurisdiction shall be determined by the place where the crime occurred.”

Article 146 of the same Act stipulates that “should the court notice, at any stage of the proceedings, that it lacks jurisdiction to examine the case, it shall decide its incompetence even without any request to this effect.” ”.

The Court of Cassation has also ruled that “articles 16, 18, 19, 20, 21, 22 of the Penal Code and article 142 of the Penal Procedure Code  jointly refer to ‘unless otherwise stipulated in a special provision.’”

The courts are not competent to adjudicate offenses committed outside the territory of the state.

This does not change the fact that the legislator has expressed in article 16 of the Penal Code, “A crime shall be considered perpetrated in the territory of the State if any of its constituent acts occur therein,” as the goal of including this provision in the chapter of the law applicable in terms of place,

It means that the matter is related to the jurisdiction place of the state courts, and the courts may not consider the crimes committed outside the territory and therefore not apply the provisions of domestic law to that kind of crime.

If courts come to adjudicate a crime matter assigned to the accused party, although these crimes are approved to have occurred abroad, in cases other than those excluded, the courts will violate the rules of territorial jurisdiction.

(Appeal No. 2000/27, Penal Circuit: Date 08-04-2000 – rule 19, issued in edition No. 11, 2000, Page No. 1193 – Judgments of Court of Cassation)

• It is decided also by the court of cassation that:
• Drug crime or psychotropic substance use is a temporary crime that begins and ends at the time of the abuse.
• This description is not affected by the continuing effect of the use of narcotic drugs.
• The Court of Cassation has ruled that “the crime of drug abuse is a temporary crime, not a continuing crime, because its material element is achieved at a specific moment of time and ends with the end of the act of abuse.
• This is not affected by the continuing effect of drug crime since the effect of the act is not to be considered in its legal adaptation.”
• Criminal Law (Appeal No. 1998/15, Penal Circuit: Date 20-06-1998 – rule 19, issued in edition No. 9, 1998, Page No. 1079 – Judgments of Court of Cassation)

Speak to our criminal lawyer

Facing criminal charges or investigation?

Our criminal lawyers offer immediate legal guidance and defense representation. Call/WhatsApp +971547104042 or email info@amalkhamis.com to speak with a lawyer today.