Unified UAE Legislation Database

Federal Supreme Court - Criminal Appeal No. 799 of 2024 On Mens Rea and Electronic Document Forgery

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Tuesday, February 11, 2025

Headed by Justice Mohammed Abdulrahman Al-Jarrah, "Head of the Department", with the membership of Judges Khaled Mustafa Hassan and Islam Abdelhady Al-Deeb

 

(1-3) Crimes and penalties "The Crime: Elements of the crime: Mens rea: Must be proven." Judgement "Reasoning of the judgement: Error in applying the law and deficiency in reasoning."

 

(1) Mens rea of the commission of the Crime. It must be actually proven. Reason for this. Presumed responsibility in punishment is only valid if it is stipulated by the law or can be deduced from the extrapolation of the provisions of the law, and a person cannot be held liable as a perpetrator or accomplice except for the act or omission of the act criminalised by the law.

 

(2) Mens rea in the violation of forgery of an electronic document. The condition for this is that there must be knowledge of the truth of the forged fact with the intention of changing the truth in the forged document with the intention of using it for the purpose for which it was forged. Failure to prove the defendant's knowledge of c...