Skip to main content
Entire section Custom print Text Only Rich Text Print

Article (26)

DFL 20/2018 Effective from 23/10/2018
  1. The court shall, once the perpetration of the crime is verified, confiscate the following:
     
    1. Funds subject matter of the crime, proceeds and instrumentalities.
    2. Any funds owned by foe perpetrator with an equivalent value to the funds, Proceeds and instrumentalities mentioned in paragraph (a) of this clause if it fails to confiscate those funds

If it is not possible to rule for the confiscation of funds, proceeds or instrumentalities due to their failure to seize them or because they are related to the rights of bona fide third parties, the court shall pass a fine equivalent to its value at the time of the crime.

  1. The confiscation shall be Imposed Irrespective of whether the funds, Proceeds, or Instrumentalities are owned by or in possession of the perpetrator or a third party without prejudice to the rights of third party acting in good faith
     
  2. The fact that the offender is unknown, lack of his criminal responsibility, or the criminal case for a crime punishable under the provisions of this Decree-Law is elapsed does not preclude the competent court from ruling on its own or at the request or the Public Prosecution, as the case may be, to confiscate the seized funds, proceeds and instrumentalities if it is proven mat they are related to the same.
     
  3. Without prejudice to the rights of bona fide third parties, any contract or act where the parties, or any one of them or otherwise are aware that such contract or act aims at impacting the ability of the competent authorities to enforce the seizure, freezing or the execution of the confiscation order, shall be void

Article (16) bis

Imprisonment for no less than six months and a penalty of no less than AED 200,000 (two hundred thousand dirham) and no more than AED 5,000,000 (five million dirham) or any of these two sanctions shall apply to anyone who violates the provisions of Article (16) bis of this Decree-Law

This article has been amended by Federal Decree-Law No. (26) of 2021. You are viewing the latest version. To view the previous version, click the version box below.
Version 1(effective from 23/10/2018 to 13/09/2021)

 

1- The court shall, once the perpetration of the Crime is verified, confiscate the following:

a) Funds of the Crime, proceeds and instrumentalities used or intended to be used in the Crime.

b) Any Funds owned by the perpetrator with an equivalent value to the Funds and Proceeds mentioned in paragraph (a) of this clause if it fails to confiscate those funds.

2- The confiscation shall be imposed irrespective of whether the Funds, Proceeds, or Instrumentalities are owned by or in possession of the perpetrator or a third party without prejudice to the rights of third party acting in good faith.

3- In the cases of the death of the accused in a Crime punishable under the Decree Law or the perpetrator’s identity being unknown shall not prevent the public prosecution from referring the case file to the competent court to issue an order to confiscate the seized Funds, Proceeds and Instrumentalities if it is established that they were related to the Crime.

4- Without prejudice to the rights of bona fide third parties, any contract or act where the parties, or any one of them or otherwise are aware that such contract or act aims at impacting the ability of the competent authorities to enforce the seizure, freezing or the execution of the confiscation order, shall be void.