Experts feel new law will deter corrupt practices

Dubai: Legal experts believe that the new law issued by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE, in his capacity as the Ruler of Dubai, will go a long way in deterring corruption.

Under the new law, those convicted of public or private fraud could face between five and 20 years in prison.

The law also makes provision for the convicted to be released "once they fully return the money to their lawful owners or through settlement agreements negotiated with their debtors".

Experts said yesterday that the new law has strengthened the civil law in the emirate to deal with deal with embezzlement cases. Ahmad Saif, Chief Justice of the Dubai Criminal Courts, said the advantage of this law is not only limited to retrieving embezzled funds, it makes sure that the accused will not be released after serving imprisonment if he/she has not arranged to repay the money.

Commenting on the specific advantage of the new law Saif said the civil side of the crime, once it is settled, will enable legal authorities, including Shaikh Mohammad, to pardon the accused from criminal imprisonment.

"I believe that the new law will deter crime substantially because no one can now steal money and serve certain period in prison and eventually return to normal life and enjoy the money they snatched from the government or private establishments," said Saif.

The legal fraternity said that the new law in one stroke has changed the character of embezzlement as a crime. Previously, embezzlement was treated as a relatively minor crime with a maximum sentence of three years in prison.

Consequences

Abdul Hamid Al Kumity of Al Kumity Advocates and Legal Consultants, a Dubai-based senior lawyer, told Gulf News: "The new law has defined the legal consequences of embezzlement precisely and now there is a clear benchmark to deal with these cases."

A number of Dubai Government officials and bureaucrats are currently facing embezzlement charges. These cases will now be dealt under the new law.

"The legal community is waiting for the bylaw to explain the enforcement of the law and the procedures to be followed by both law enforcement authority and the institutions that were victims of embezzlement crime," said Al Kumity.

Lawyers believe that the law has given the authority the right to chase embezzlers abroad and check illegal accounts in banks and investment outside the UAE. Additionally, it also provides for the right of the accused to contact the outside world in order to arrange the payment of the money.