Foundations and Types of Criminal Liability of a Legal Person in the English Law and the Penal Code of the United Arab Emirates: A comparative study
This Article aims to determine the basis and type of corporate criminal liability provided by the UAE Penal Code. To achieve this aim, comparison has been made between the UAE Penal Code and the English Law. The development of corporate criminal liability within the English Law, the basis, type and theories established such liability have been examined. It is seen that the English Criminal Law makes distinction between two types of corporate criminal liability, indirect and direct liability. The English Courts base the indirect liability upon the principle of vicarious liability. This type of liability applies to offences of strict liability. An offence is one of strict liability if mens rea is not required in respect of one or more elements of the actus reus of that offence. The direct corporate criminal liability is established by applying the identification doctrine. This doctrine, sometimes known as the alter ego principle, takes the conduct and state of mind of certain high-ranking corporate officials to be the conduct and state of mind of the corporation itself.. Understanding the various basis of corporate criminal liability within the English context helps in determining the basis and type of corporate criminal liability within the UAE Penal Code. It is evidenced from this comparative study that the corporate criminal liability provided by Article 65 of the UAE Penal Code is a personal and direct liability, and not an indirect ones, as it is adopted by some Emirati Courts’ decisions. Characterizing corporate criminal liability as personal and direct liability by the Penal Code is supported by comparing the concept and requisite of direct liability with an indirect liability. It is seen that, the indirect corporate liability depends upon the establishment of natural person’s criminal liability. This means that the existence of such liability depends upon the conviction of the natural person committed the offence. However, the establishment of direct corporate criminal liability does not rely upon the conviction of natural person, rather it depends only on the commission of the offence by natural person.
Moreover, Article 65 of the Penal Code indicates that, the criminal liability of corporate is not restricted to specific offences, rather it is applicable to the whole range of offences provided for by the Code and other criminal statutes. This is based upon the fact that, the provision for corporate criminal liability is included in the first book of the Penal Code. This means that such provision is considered as a general rule applicable to all offences provided by the UAE criminal law
Al-Muhairi, Butti Sultan
"Foundations and Types of Criminal Liability of a Legal Person in the English Law and the Penal Code of the United Arab Emirates: A comparative study,"
UAEU Law Journal: Vol. 2016:
66, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2016/iss66/1