Legal View: Influence of alcohol and criminal actions

Mr X, Dubai: Can a person be held accountable for a crime he committed while being under the influence of alcohol and unaware of his actions?

By Compiled By Mustafa Barakat

Published: Sun 6 Apr 2003, 7:55 PM

Last updated: Wed 27 Mar 2024, 10:37 AM

Answer: According to the UAE Penal Code, a person shall not be held accountable if he at the time of committing the crime is unconscious, unaware or lacking willpower or loses consciousness due to insanity or mental disability or falling in a coma resulting from drugs or narcotics or alcoholic (spirituous) liquor of whatever kind given to or consumed by him by force or without his knowledge.

In case such insanity, mental disability, narcotics, drugs, spirit or liquor cause only deterioration or insufficiency of consciousness or willpower at the time of the crime, it can be used as an alleviating excuse.

If the loss of consciousness or willpower is resulting from drugs, alcoholic spirits, liquor or narcotics consumed or taken by the wrongdoer willingly and knowingly, he shall be held liable and punishable for the crime that took place, even if such crime requires certain criminal intent; exactly as if he committed the crime without being under the influence of alcohol or analgesic.

Therefore, if the wrongdoer has consumed the drugs, narcotics or liquor willingly and deliberately with the intent to commit the crime, it should be considered as aggravating circumstances requiring the punishment be intensified.

In this case, the state of willful drunkenness renders the person entirely liable and criminally responsible; as if he is clear-headed having good judgment and awareness. In this case, he should be liable for any crime committed by him, whether intentionally or unintentionally.

Counterfeiters

Mattar & Assts., Jakarta: We are a company manufacturing and marketing specialised electronic products. We have representatives in the UAE, but understand that fake, counterfeit replicas of our products are extensively available in the market. Is there any protection available for genuine owners? What action can be initiated against counterfeiters in UAE and do the UAE authorities have a declared policy objective in curbing counterfeiters?

Answer: Counterfeiters, as you would agree, are traders who identify a fast moving and reliable product and exploit the opportunity. The trader recognises the desire of consumers to possess well-known brands at cheap prices. A willing consumer and a trader/counterfeiter creates dents in the profits of a genuine producer of goods.

The UAE and particularly the ports at Jebel Ali and Port Rashid in Dubai are used as a transit point for counterfeit goods from the Far East, where small quantities are offloaded for the local market and the major portion is siphoned off to other Middle East destinations. The authorities have identified this pattern and there is a proportionate increase of enforcement actions in Dubai and Sharjah.

Federal Law No. 37 of 1992, dealing with trademarks, provides suitable penalties for trademark violations:

(i) For forging or imitating a trademark so as to deceive; and

(ii) Selling, offering for sale or possessing for the purposes of sale, goods bearing a forged or imitated trademark.

Penalties also include imprisonment and/or fine if proven guilty. There are legal provisions for seizure (confiscation) of counterfeit goods against a deposit/guarantee prior to initiating any civil or criminal proceedings. A repeat offender shall be ordered to close down his shop/business for a period ranging from 15 days to six months.

On the administrative remedies available, the emirates of Dubai and Sharjah have an excellent track record in clamping down on counterfeiters. The Sharjah Municipality and the Compliance Department of the Dubai Department of Economic Development are both extremely active in enforcing rights under the Trademarks Law and the Law on Prevention of Fraud and Deception in Commercial Dealings.

Filing complaints in Sharjah and Dubai are fairly straightforward procedures, devoid of bureaucratic wrangles. The authorities will seize counterfeit goods for destruction. Then the matter is referred to the prosecution. If the investigations do not reveal the source of the supply, then the counterfeiter is fined, but due to lack of evidence of source the inflow of counterfeit goods may continue unabated.

In February last, the Dubai Police seized 35 cartons of counterfeit branded (Nivea) creme and the Dubai Criminal Court of First Instance issued its judgment convicting the accused of possessing counterfeit products with the intent to sell and sentenced them to imprisonment for a period of two months and ordered confiscation of the products seized.

While in the emirate of Sharjah, counterfeit products bearing the (Hitachi) mark were seized by officials of the Market Control and Commercial Fraud Inspection.

Action is now pending against the counterfeit trader. It is fair to summarise that the authorities in Dubai and Sharjah are pro-active and positively support the rights owner if he approaches the authorities for redressal of his grievances against counterfeiters.

Leave salary

Mr A.G. Tilekratne, Sharjah: I am employed by a Labour Supply company and under their sponsorship. My salary is approximately Dh650, and I am about to proceed on leave after working for two years. The employer now says that the leave salary for two months will be settled when I return and resume my duties after the vacation. Could you please advise me on whether I am entitled to my leave salary or is the employer s position legal?

Answer: An employee is entitled to two days leave for every month if his service is more than six months and less than one year, 30 days annually, if his service exceeds one year. An employee is paid his basic wages plus housing allowance and any other allowances which he receives during a normal working month without any bonuses received.

As to your employers stand that the leave salary will be paid on return is contrary to the provisions of Article 80 of the UAE Labour Law No. 8 of 1980, which states as follows:

An employer shall pay a worker, before the commencement of the latters annual leave, the entire remuneration due to him, plus the leave pay prescribed for him in accordance with the provisions of this Law. The employers decision to pay your leave salary on return is absolutely untenable and violates the provisions of the law.