“Shall be punishable by confinement or by a fine any individual who, by using fraudulent practice, assuming a false name or quality, takes possession for himself or for the others of any movable پروژه زاگرس or written instrument,
Or obtains any signature upon such instrument, its cancellation, destruction or amendment, whenever it is intended to deceive the victim and bring him to surrender a legal right. Shall also be liable to the same punishment he who alienates an estate or a movable property while being fully aware that it is not his own or that he has no right to dispose thereof;
Or he who knowing by alienates any of the above mentioned after having previously disposed thereof or having concluded any agreement thereon, whenever such an act operates to the injury of others.
If the object of crime is a property or an instrument pertaining to the State or to any of the authorities mentioned in Article (5) above, this shall be considered a circumstance of aggravation.
Attempt shall be punished with confinement for a period not exceeding two years of with a fine not exceeding twenty thousand Dirhams. And where a recidivist is convicted and sentenced to confinement for a period of one year or more, the Judge may order that he be put under police surveillance for a period neither to exceed two years nor to exceed the duration of the inflicted penalty’.
Cassation Dubai court 10/11/2001: “taking the appearance of rich people and appearing like them and driving their cars to invite people to one’s house and convincing them to handover their money,
After which he disappears, or claiming he has connections with people holding high ranking in the government or that he does business management or opened a branch or an office of a fake company or claiming he can cure people, or double their money or do whatever they want by using black magic”.
Lying shall constitute the crime of Fraud if committed by an individual employed by the government and he takes advantage of his job or his position to deceive another. In all such cases lying shall equate to Fraud.
If the lie is supported by a 3rd party, it is considered a fraud on the condition that 3rd party must be moved by the fraudulent party for supporting the lie. The 3rd party shall be considered a main-doer of the crime if he had an agreement with the fraudulent party to deceive the victim prior to committing the crime or provided support to the deceptive party and vice versa.
Any documents issued in order to support the lie in such a case must be written by another party and issued to the party committing the crime. The only scenario in which the 3rd party shall be considered a victim if he had good faith and was unaware of the deceit.
The criteria is applied on a case basis and on the merits of each case. So a court will assess the IQ of the victim, among other things to assess whether the deceit was an obvious one or not. This ensures that the person committing fraud does not evade the law or the punishment. This is most often used by the court to protect victims of fraud.
It is considered as fraud if the court determines that an average person of average intelligence would have succumbed to the deception. If so, then the crime is fraud. However, this is a loophole most likely to be used by those committing fraud since they intentionally target people of below average intelligence or means.
The law shall protect the victim if the deceiver intended to deceive and the means used by him to deceive were successful in deceiving the victim. If yes, ten the law shall protect the victim. However, of the deceiver was not successful in deceiving the victim, it shall be considered attempted fraud. The disadvantage, however, with this condition is that it merges the elements of the crime; the intent and the actions.