Thousands of economic, civil, and commercial transactions take place daily in the United Arab Emirates. And although all relationships, agreements, and partnerships must be built on a strong foundation of trust, you need to know what happens when this trust is shaken due to forgery or fraud? Forgery is considered one of the most dangerous crimes that threaten the stability of society and its economy, and harm the interests of companies and individuals.
Therefore, the UAE legislator has focused on the provisions of the Federal Penal Code to establish strict rules to protect rights and uncover forgery. If you are looking for the best lawyer in Abu Dhabi to protect your business or represent you in a forgery case, do not hesitate to visit FHS Law Firm and Legal Consultancy in Abu Dhabi.
And if you want to know more information about forgery cases in the UAE, the penalty for forgery, types of forgery, and how to prove forgery in court, continue reading the following.
What is forgery in the UAE Penal Code?
Article (216) of the Federal Penal Code defined forgery as tampering with an official or unofficial document, altering a document or paper, and changing the facts in it by one of the specified legal methods, with the intent to cause harm or achieve gains by using this document as if it were genuine.
Forgery is not limited to paper documents only; it extends to include currencies, official seals, trademarks, and checks in civil and commercial transactions. And as soon as any document is discovered to be forged, the court declares its annulment and the annulment of all legal effects resulting from it immediately.
What are the types of forgery: and what is the difference between material and moral forgery?
Legal experts in the United Arab Emirates classify forgery into two main types:
Material Forgery
It is the forgery of something by making changes to it, leaving a physical trace that can be perceived by the senses (such as visible to the naked eye or through laboratory examination). And some of its most notable examples:
Making modifications to a document that contains texts or numbers, and forgery is done by adding or deleting words or numbers.
Placing a forged signature, stamp, or fingerprint, or tampering with a genuine signature.
Filling out a signed blank paper without the consent of the signature owner.
Creating a complete document that resembles original documents and attributing it to others.
Moral Forgery
It is the alteration of the meaning and content of a document during its editing, without leaving a tangible physical trace. Proving it is more difficult than proving material forgery. And some examples of it are:
Impersonating someone else verbally, or in a contract or document to prove identity.
The employee recording data or statements on behalf of the parties that contradict what they actually said.
Electronic forgery in the era of digital transformation
The phenomenon of electronic fraud began in the UAE, coinciding with the country’s shift toward comprehensive digital transformation. Therefore, UAE law has focused on imposing severe penalties for forgery in general, and electronic forgery in particular. Electronic forgery includes the alteration or falsification of digital documents, electronic signatures, emails, or online bank accounts. Digital forgery penalties can reach temporary imprisonment and hefty financial fines, making it important to consult an expert legal advisor in cybercrimes to protect your legal and digital affairs.
Elements of the crime of forgery in UAE law
For a crime or misdemeanor to fall under the category of forgery, it must meet three essential elements:
The material element:
The occurrence of a material change that falsifies the truth in a paper or electronic document, either by adding or deleting information or numbers, or by impersonation.
The mental element:
The criminal intent is that the perpetrator knows whether he forged the document himself or merely used it while being certain that the alteration is incorrect (the document is forged) and yet uses the forged document to achieve certain gains.
Harm:
Occurrence of financial, moral, or social harm, or the possibility of harm due to forgery.
What is the penalty for forgery under UAE law?
Each type of forgery in the UAE has its own specific penalty, which depends on various factors related to the document that was forged and the type of forgery that occurred.
Forgery of official documents:
For example: forging government IDs, official certificates, or judicial rulings. It is considered a felony, and its punishment can extend to temporary imprisonment ranging from 3 to 10 years.
Forgery of private documents:
For example: internal contracts between companies, or regular receipts. It is considered a misdemeanor and is punishable by imprisonment, a financial fine, or both, as deemed appropriate by the court.
Use of the forged document:
The law punishes anyone who uses a forged document knowing it is forged with the same penalty as the forger, even if they did not forge it themselves.
Rules of evidence and contesting forgery before the UAE courts
In forgery cases in UAE courts, the final judgment and the course of the case are linked to two main factors:
Proving that the document is forged by the plaintiff, and the defendant denying the charge of forgery against themselves. And this is the fundamental principle of civil cases. And all of this must be based on evidence and indications, as the judiciary does not deal with emotions or vague words, but with conclusive facts, evidence, and documents.
And here, it is necessary to distinguish between two types of documents when proving:
Official documents:
They are documents issued by a government employee and are considered conclusive evidence against everyone unless challenged for forgery through official channels.
Customary documents:
It is a document or agreement signed by two parties without the need for an official employee, and it is considered issued by the one who signed it and binding on them unless they explicitly deny their handwriting or signature. And if a person denies their signature on an informal document, the burden of proof immediately shifts to the other party who insists on the validity of the document and seeks to rely on it. However, if the opponent accepts the document in court or responds to it without objection, they lose the right to deny it later.
Frequently Asked Questions about Fraud Cases in the UAE
Q: What should I do if I discover that someone forged my signature on a contract or check?
A: File an official report as soon as possible with the relevant authorities (police or public prosecution), and insist on contesting the forgery and denying the signature immediately when confronted with the forged document in court. Additionally, seek the assistance of a criminal lawyer in Abu Dhabi to guide the procedures correctly and ensure the document is referred to the forensic laboratory for examination.
Q: Does the right to file a forgery lawsuit expire due to the statute of limitations in the UAE?
A: Yes, the criminal case in forgery cases is subject to the statute of limitations according to the classification of the crime. If the crime is a felony due to the forgery of an official document, it is dismissed after 20 years. If it is a misdemeanor due to the forgery of a private document, it is dismissed after 5 years from the date of the crime or its discovery in some cases.
Q: Does the law punish someone who uses a forged document without knowing it is forged?
A: No, a person who uses a forged document is only punished if there is criminal intent, meaning that the person using it knows it is forged and continues to use it to make a claim or achieve gains. However, if good faith and lack of knowledge are proven, the mental element of the crime is negated, and the person who used it is not punished. The matter is left to the court to examine the evidence and decide.
Q: How does the forensic lab prove material forgery?
A: Certified handwriting experts in the forensic laboratory examine documents using advanced techniques to analyze ink type, paper pressure, and compare fingerprints and signatures. They also ask the concerned individual to write their signature multiple times for comparison, making it easier to detect any erasure, alteration, or forgery with utmost precision.
Q: Is signing a blank document and then filling it out without the owner’s knowledge considered forgery?
A: Yes, of course, UAE law explicitly and clearly states that filling out a signed or stamped blank paper with data and conditions not agreed upon by the signatory is considered a form of material forgery, and the law punishes it as an assault on the truth.
Conclusion
Choose an expert lawyer to protect your interests and represent you in fraud cases in Abu Dhabi. Forgery cases in the UAE are considered complex and intricate matters that require an expert lawyer well-versed in UAE laws to represent you in court, which will demand a thorough examination of the document. Here, the expert lawyer knows when to exercise the right of denial and when to challenge the forgery. You must choose a diligent and committed lawyer who prioritizes your cases, as any mistake in legal drafting, formulating the defense document, delaying the presentation of defense points, or attending sessions could result in losing the case and turning the legal situation against you.
At FHS Legal Solutions, we take pride in our team of the best lawyers and legal consultants in Abu Dhabi. We offer comprehensive legal services that include the study and examination of documents and commercial matters, as well as representing individuals and companies in fraud and forgery disputes before the courts, ensuring you receive all judicial assistance and legal advice in one place.
Contact our expert team at FHS today, and get a legal consultation that protects you and ensures your rights are fully preserved!
UAE Federal Criminal Law
Thousands of economic, civil, and commercial transactions take place daily in the United Arab Emirates. And although all relationships, agreements, and partnerships must be built on a strong foundation of trust, you need to know what happens when this trust is shaken due to forgery or fraud? Forgery is considered one of the most dangerous crimes that threaten the stability of society and its economy, and harm the interests of companies and individuals.
Therefore, the UAE legislator has focused on the provisions of the Federal Penal Code to establish strict rules to protect rights and uncover forgery. If you are looking for the best lawyer in Abu Dhabi to protect your business or represent you in a forgery case, do not hesitate to visit FHS Law Firm and Legal Consultancy in Abu Dhabi.
And if you want to know more information about forgery cases in the UAE, the penalty for forgery, types of forgery, and how to prove forgery in court, continue reading the following.
What is forgery in the UAE Penal Code?
Article (216) of the Federal Penal Code defined forgery as tampering with an official or unofficial document, altering a document or paper, and changing the facts in it by one of the specified legal methods, with the intent to cause harm or achieve gains by using this document as if it were genuine.
Forgery is not limited to paper documents only; it extends to include currencies, official seals, trademarks, and checks in civil and commercial transactions. And as soon as any document is discovered to be forged, the court declares its annulment and the annulment of all legal effects resulting from it immediately.
What are the types of forgery: and what is the difference between material and moral forgery?
Legal experts in the United Arab Emirates classify forgery into two main types:
Material Forgery
It is the forgery of something by making changes to it, leaving a physical trace that can be perceived by the senses (such as visible to the naked eye or through laboratory examination). And some of its most notable examples:
Moral Forgery
It is the alteration of the meaning and content of a document during its editing, without leaving a tangible physical trace. Proving it is more difficult than proving material forgery. And some examples of it are:
Electronic forgery in the era of digital transformation
The phenomenon of electronic fraud began in the UAE, coinciding with the country’s shift toward comprehensive digital transformation. Therefore, UAE law has focused on imposing severe penalties for forgery in general, and electronic forgery in particular. Electronic forgery includes the alteration or falsification of digital documents, electronic signatures, emails, or online bank accounts. Digital forgery penalties can reach temporary imprisonment and hefty financial fines, making it important to consult an expert legal advisor in cybercrimes to protect your legal and digital affairs.
Elements of the crime of forgery in UAE law
For a crime or misdemeanor to fall under the category of forgery, it must meet three essential elements:
The material element:
The occurrence of a material change that falsifies the truth in a paper or electronic document, either by adding or deleting information or numbers, or by impersonation.
The mental element:
The criminal intent is that the perpetrator knows whether he forged the document himself or merely used it while being certain that the alteration is incorrect (the document is forged) and yet uses the forged document to achieve certain gains.
Harm:
Occurrence of financial, moral, or social harm, or the possibility of harm due to forgery.
What is the penalty for forgery under UAE law?
Each type of forgery in the UAE has its own specific penalty, which depends on various factors related to the document that was forged and the type of forgery that occurred.
Forgery of official documents:
For example: forging government IDs, official certificates, or judicial rulings. It is considered a felony, and its punishment can extend to temporary imprisonment ranging from 3 to 10 years.
Forgery of private documents:
For example: internal contracts between companies, or regular receipts. It is considered a misdemeanor and is punishable by imprisonment, a financial fine, or both, as deemed appropriate by the court.
Use of the forged document:
The law punishes anyone who uses a forged document knowing it is forged with the same penalty as the forger, even if they did not forge it themselves.
Rules of evidence and contesting forgery before the UAE courts
In forgery cases in UAE courts, the final judgment and the course of the case are linked to two main factors:
Proving that the document is forged by the plaintiff, and the defendant denying the charge of forgery against themselves. And this is the fundamental principle of civil cases. And all of this must be based on evidence and indications, as the judiciary does not deal with emotions or vague words, but with conclusive facts, evidence, and documents.
And here, it is necessary to distinguish between two types of documents when proving:
Official documents:
They are documents issued by a government employee and are considered conclusive evidence against everyone unless challenged for forgery through official channels.
Customary documents:
It is a document or agreement signed by two parties without the need for an official employee, and it is considered issued by the one who signed it and binding on them unless they explicitly deny their handwriting or signature. And if a person denies their signature on an informal document, the burden of proof immediately shifts to the other party who insists on the validity of the document and seeks to rely on it. However, if the opponent accepts the document in court or responds to it without objection, they lose the right to deny it later.
Frequently Asked Questions about Fraud Cases in the UAE
Q: What should I do if I discover that someone forged my signature on a contract or check?
A: File an official report as soon as possible with the relevant authorities (police or public prosecution), and insist on contesting the forgery and denying the signature immediately when confronted with the forged document in court. Additionally, seek the assistance of a criminal lawyer in Abu Dhabi to guide the procedures correctly and ensure the document is referred to the forensic laboratory for examination.
Q: Does the right to file a forgery lawsuit expire due to the statute of limitations in the UAE?
A: Yes, the criminal case in forgery cases is subject to the statute of limitations according to the classification of the crime. If the crime is a felony due to the forgery of an official document, it is dismissed after 20 years. If it is a misdemeanor due to the forgery of a private document, it is dismissed after 5 years from the date of the crime or its discovery in some cases.
Q: Does the law punish someone who uses a forged document without knowing it is forged?
A: No, a person who uses a forged document is only punished if there is criminal intent, meaning that the person using it knows it is forged and continues to use it to make a claim or achieve gains. However, if good faith and lack of knowledge are proven, the mental element of the crime is negated, and the person who used it is not punished. The matter is left to the court to examine the evidence and decide.
Q: How does the forensic lab prove material forgery?
A: Certified handwriting experts in the forensic laboratory examine documents using advanced techniques to analyze ink type, paper pressure, and compare fingerprints and signatures. They also ask the concerned individual to write their signature multiple times for comparison, making it easier to detect any erasure, alteration, or forgery with utmost precision.
Q: Is signing a blank document and then filling it out without the owner’s knowledge considered forgery?
A: Yes, of course, UAE law explicitly and clearly states that filling out a signed or stamped blank paper with data and conditions not agreed upon by the signatory is considered a form of material forgery, and the law punishes it as an assault on the truth.
Conclusion
Choose an expert lawyer to protect your interests and represent you in fraud cases in Abu Dhabi. Forgery cases in the UAE are considered complex and intricate matters that require an expert lawyer well-versed in UAE laws to represent you in court, which will demand a thorough examination of the document. Here, the expert lawyer knows when to exercise the right of denial and when to challenge the forgery. You must choose a diligent and committed lawyer who prioritizes your cases, as any mistake in legal drafting, formulating the defense document, delaying the presentation of defense points, or attending sessions could result in losing the case and turning the legal situation against you.
At FHS Legal Solutions, we take pride in our team of the best lawyers and legal consultants in Abu Dhabi. We offer comprehensive legal services that include the study and examination of documents and commercial matters, as well as representing individuals and companies in fraud and forgery disputes before the courts, ensuring you receive all judicial assistance and legal advice in one place.
Contact our expert team at FHS today, and get a legal consultation that protects you and ensures your rights are fully preserved!
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