Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
NOT JUST A CRIMINAL ACT WILL MAKE YOU A CRIMINAL So, the plan is that "A
will enter the apartment wearing women's abaya with a key provided by
C, B will wait outside in the car, and once we complete the act, we will
keep the money at D's place." The plan is simple, and everyone is aware
of their role in the act.
It is clear from the factual background that A will commit the
robbery and others will only assist him in the commission of this crime.
Thus, the question raised by the criminal lawyers in Dubai here is to
consider the criminal accountability of parties who merely supported in
the commissioning of such crime and were not directly involved or
parties who were directly involved but did not commit the crime. These
individuals are legally termed as Accomplices who play different roles
in assisting the perpetrator in his crime.
In the foregoing act, all of them involved in the crime are divided into
several categories such as the one who actually committed the crime,
the one who encouraged the perpetrator to commit, however, was not
present at the sight like D, the one who assist in the escape of the
accused and the one who made the plan or who has the knowledge of such
criminal act and kept quiet. The principle of accomplice depicts that an
individual can be blamed for a crime committed by another person.
The act of accomplice is secondary in nature since there is a lack of
direct involvement in the crime, the liability of an accomplice
requires an intention to promote or facilitate the perpetrator of an
offence. The requirement of intention guarantees that the assistant has a
stake in the principal's actions. Since the accomplice's cognizant goal
is that the crime is committed and thus helps the perpetrator, it is
reasonable to hold the accomplice liable for the acts of principal. The
reason behind blaming or imposing liability on the secondary actor stem
from an inborn sense of justice.
As understood in criminal jurisprudence and by experience of Dubai
Lawyers that one who willingly participates or assists in the commission
of a criminal act is equally liable as that of the one who commits the
act and thus, deserves equal punishment. The nexus between liability and
penalty is the basis of criminal law and justifies the principle of
accomplice liability.
The scenario under UAE Penal Code UAE Federal Law Number 3 of 1987
regarding the Penal Code (the Penal Law) under chapter 3 provides for
the concept of an accomplice or criminal conspiracy. The accomplice is
defined under Article 44 of the Law as a person who commits a crime
alone or acts as a direct accomplice shall be referred to as perpetrator
of the criminal act.
However, in order to determine if the accomplice is direct accomplice
the following instances must be considered: If he perpetrates the crime
with another; If he assists or participates in a criminal act which is
consist of several acts and he intentionally commits one; If he aids
another person to commit such act and the latter is not responsible for
this act for any reason.
In addition to this, an accomplice will be considered as an
accomplice by causation in following instances as highlighted under
Article 45 of the Penal Law: If he instigates the perpetrator to commit a
criminal act; If he conspires with a group of people to commit an act
and which occurred as a result of a conspiracy; If he provides a weapon
or a tool to the wrongdoer or facilitates the perpetrator in any other
way to commit such offence.
A difference can be witnessed between a direct accomplice and an
accomplice by causation in the Penal Law. Article 46 of the law,
penalizes the accomplice by causation who was present at the site if the
crime with an intention shall be considered as a perpetrator itself.
However, not every accomplice will be punished, if he proves the lack of
criminal intent in the commission of such crime (Article 48).
The law penalizes the accomplice either direct or by causation, in
accordance with the criminal intention and knowledge of such crime
(Article 52). Defence of the Accomplice The law in one part holds the
accomplice liable for his intention in the commission of such offence
and on other part allow him to take his defence on happening of certain
event which are described under Chapter 4 of the Penal Law.
The foregoing chapter concerns the causes of legitimacy, wherein any
individual who is charged under the act of an accomplice can claim
defence under the right of legitimacy in performing his duties or under
self-defence.
Article 53 of the Law states that an act will not be considered as
criminal if the act was performed within the limits and the instances
are as follows: Chastisement by a husband or by parents within the
limits of Shariah; Performance of medical surgery or medical attendance
in accordance with the license provided to the medical surgeon; Violence
in a sports game according to the rules of the game; Accusations
exchanged between the litigating parties or their legal representatives;
A public employee is obliging the orders of the superior employee.
Article 56 of the Penal Law, provides for the right of self-defence
and any act committed while exercising the right of self-defence will
not be considered as a crime. The law further provides for various
instances under which the act will be viewed as a right for self-defence
such as in the case where the defender face imminent danger to himself
or his property, defender has no recourse to reach out to public
authorities, defender does not have any other means to avoid such act,
and the act was necessary to avoid the danger. A fine line of Difference
There is a clear difference between a conspiracy and an accomplice.
A conspiracy occurs when two or more people make a plan to commit an
offence and a co-conspirator assist in committing a crime, whereas the
accomplice assists the perpetrator in committing an act but does not
directly commit himself. An accomplice is only liable when the act is
committed, whereas the conspirators can even be found guilty to conspire
even if the act is not committed.
In Conclusion Any individual is having a criminal intent to commit an
offence and assist another by various means either directly or by
causation, will be liable for punishment under the criminal as long as
his abetment was the probable cause of happening of such criminal act.