Federal Law No. 3
Issued on 8/12/1987
Corresponding to 17/4/1408 H.
CONCERNING THE PENAL CODE
Amended by
Federal Law no. 34/2005 dated 24/12/2005, and
Federal Law no. 52/2006 dated 14/12/2006, and
Federal Decree-Law no. 7/2016 dated 18/09/2016
Federal Decree-Law no. 9/2016 dated 20/09/2016
Federal Decree-Law no. 24/2018 dated 23/09/2018
We, Zayed Bin Sultan Al Nahyan, President of the United Arab Emirates State
Pursuant to the perusal of the provisional Constitution; and
Federal Law no.1 of 1972 concerning the Competences of the Ministries and the Powers of the Ministers and the laws amending it; and
Federal Law no. 9 of 1976 concerning Juvenile Delinquents and Homeless Persons; and
Acting upon the submission made by the Minister of Justice, approved by the Council of Ministers and ratified by the Supreme Council of the Federation;
Have promulgated the following Law:
Article 1
The attached law on crimes and penalties shall be enforced repealing any contrary provision.
Article 2
The ministers and the competent authorities in the Emirates shall, each within their jurisdiction, enforce this Law.
Article 3
The present Law shall be published in the Official Gazette and shall take effect three months after the date of its publication
Promulgated by Us at the Presidential
Palace in Abu Dhabi
On 17/4/1408 H.
Corresponding to 8/12/1987
Zayed Bin Sultan Al Nahyan
President of the United Arab Emirates State
This Federal Law was published in the Official Gazette, issue no.182, p.7.
BOOK 1
GENERAL PROVISIONS
TITLE 1
INTRODUCTORY PROVISIONS
Article 1 -
The provisions of the Islamic Sharia shall apply to the crimes of doctrinal punishment, punitive sanctions and blood money. Crimes and reprehensive sanctions shall be specified in accordance with the provisions of this Code and the other penal laws.
Article 2 -
No one shall be answerable for a crime committed by another and the accused shall be presumed innocent until proved guilty.
Article 3 -
Unless otherwise provided, the provisions of Book One of this Law shall apply to crimes provided for in other penal laws.
Article 4 -
No punitive measure shall be imposed except in cases and under the conditions provided for by the Law. Provisions relative to punishments shall, unless otherwise provided, apply to punitive measures.
Article 5 -
The text of Article 5 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
A public servant shall be defined in the present Law as any person in a federal or local position, whether legislative, executive, administrative or judicial, whether be appointed or elected such as:
1- Persons entrusted with public authority and employees of ministries and government departments.
2- Members of the military forces.
3- Employees of security bodies.
4- Members of the judiciary, chairmen and members of legislative, advisory and municipal boards.
5- Any person assigned to a certain task by a public authority, to the extent of the delegated task.
6- Chairmen and members of boards of directors, directors and other employees of public authorities and institutions, as well as companies owned, wholly or partially by the Federal Government or local governments.
7- Chairmen and members of the boards of directors, directors and other employees of societies and associations of public welfare.
Shall be deemed same as a public servant in the present Law, any person who is not included within the categories set forth in preceding Clauses, and who is engaged in a work of public service as assigned to him by a public servant in charge under laws or regulations with respect to the assigned task.
Article 6 -
In applying the provisions of the preceding Article it is immaterial whether the job, work or service is permanent or temporary, with or without pay, voluntary or compulsory.
Termination of a job, work or service shall not bar the application of the provisions of the preceding Article if the crime is perpetrated within the course of employment.
The text of a new Article was added under no. 6 (bis) (1), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, to read as follows:
Article 6 (bis) (1)
Shall be considered to be a foreign public official under the present Law: any person in a legislative, executive, administrative or judicial position at another country, whether permanently or temporarily, be elected or appointed, and whether with or without pay and any person entrusted with a public service.
Shall be considered to be an employee of an international organisation under the present Law: any person in a position at an international organisation or assigned by the same to act on its behalf.
Article 6 (bis) (2)
Shall be considered to be public property under the present Law:
1- Property that is fully or partially owned by any of the federal or local authorities, federal or local public establishments or institutions or companies owned, either wholly or partially, by the federal Government, local governments, societies and associations of public welfare.
2- Any property that is subject to the management or supervision of any of the entities set forth in Paragraph (1) of this Article or of which it has the right to use or exploit.
Article 7 -
Unless the context of this law otherwise requires, “government” shall include the Federal Government and the governments of the Emirates members of the Union.
Article 8 -
As amended by Federal Law no. 34 dated 24/12/2005:
Provisions contained in this Law concerning crimes against the President of the State shall also apply to the crimes perpetrated against the Vice-President of the State and members of the Supreme Council of the Federation.
Article 9 -
Under this Law, the following shall be considered means of publicity;
1- Speaking or shouting publicly through any mechanical means in a public gathering, in a public road or in a licensed or frequented place or if it is diffused by any other means.
2- Actions, signals or gestures if they take pace I any of the aforementioned places or if they are transmitted to any person in such places by any mechanical or other means.
3- Writings, drawings, pictures, films, symbols and other means of expression exhibited in any of the aforementioned places or distributed indifferently to people, sold or offered to them for sale in any place.
Article 10 -
Unless otherwise provided in the Law, periods and delays in this Law shall be computed according to the Gregorian calendar.
Article 11 -
The provisions of this Law shall in no case prejudice the rights of the litigants or others in being reimbursed, obtain damages or recover expenses or any other rights.
TITLE 2
SCOPE OF APPLICATION OF THE PENAL CODE
CHAPTER 1
TRANSITORY APPLICATION OF THE LAW
Article 12 -
A crime shall be sanctioned according to the law in force at the time of its perpetration. This law shall be determined at the time at which the acts of execution have been completed regardless of the time at which the result has been realized.
Article 13 -
If a law more favourable to the accused is enacted after the perpetration of a crime and before rendering a final judgment, it shall exclusive be applied.
If he law is enacted after rendering a final judgment, that makes an act or omission committed by a convict non punishable, the judgment shall not be implemented and its penal effects shall cease to exist, unless the new law provides otherwise.
Should the new law provide only for extenuation of a penalty, the court that rendered the final judgment may, at the request of the public prosecution or the convict, review the sentence in the light of the provisions of the new law.
Article 14 -
Excepting the provisions of the preceding Article, if any law has been enacted rendering an act or omission a criminal offense or aggravating the prescribed penalty thereto, and provided that such law has been enacted temporarily for a short period or under fortuitous events, the expiration of the period specified for its effectiveness or the disappearance of the fortuitous events shall neither debar the prosecution of crimes perpetrated during such a period nor shall it preclude the enforcement of a penalty which had been imposed under such law.
Article 15 -
The new law shall apply to any continuous or successive crimes perpetrated prior to its coming into effect or crimes which repeatedly reoccur during the effective period of this law.
Where the new law amends the provisions concerning recidivism or plurality of crimes or penalties, it shall apply to any crime that subjects the accused to provisions of plurality or according to which he becomes a recidivist even if the other crimes have been perpetrated prior to its application.
CHAPTER 2
APPLICATION OF LAW AS TO PLACE AND PERSONS
Article 16 -
The provisions of this Law shall apply to any one who perpetrates a crime within the territory of the State which shall consist of the lands and any place under its sovereignty, including territorial waters and air space there above.
A crime shall be considered perpetrated in the territory of the State if any of its constituent acts occurs therein, or if the result has been, or is intended to be, realized therein.
Article 17 -
As amended by Federal Law no. 34 dated 24/12/2005:
The provisions of this Law shall apply to crimes that are perpetrated on-board warships and military aircrafts bearing the flag of the State wherever they are.
The abovementioned provisions shall apply to non-military governmental vessels owned or operated by the State for governmental non-commercial purposes.
Article 18 -
As amended by Federal Law no. 34 dated 24/12/2005:
Without prejudice to the agreements and treaties to which the State is a party, provisions of this Law shall not apply to crimes perpetrated on board a foreign ship in any of the State’s ports or in its territorial waters, except in the following instances:
1- In case the effects of the crime extend to the State.
2- If the crime by nature disturbs the peace or violates public morals or good order in its ports or territorial waters.
3- If the ship master or consul of the State whose flag is hoisted seeks assistance from the local authorities.
4- Should the offender or victim be a citizen of the State.
5- If the vessel carries materials or objects internationally banned from negotiation, possession or commercialization.
This Law, however, shall not apply to crimes perpetrated on board foreign aircrafts in the State air space unless the airplane lands in any of the airports after perpetration of the crime, if the crime by nature disturbs the peace in the State or violates its public policy, if the airplane pilot seeks the assistance of the local authorities, or if the offender or victim is a State citizen.
Article 19 -
The present law shall be applied to whomever perpetrates an action outside the State rendering him a perpetrator or an accomplice in a crime occurring entirely or partially inside the State.
Article 20 -
This Law shall apply to any one who commits an act outside the State making him a principal or an accessory to any of the following crimes:
1- A crime that violates the external or internal security of the State, its constitutional system or its legally issued financial securities or stamps or that involves forgery or counterfeiting of State’s instruments or official seals.
2- Forgery, falsification or counterfeiting of the State’s currency, circulating or possessing same for the purpose of circulation, whether such acts are carried out within or outside the State.
3- Forgery, falsification or counterfeiting of paper notes or minted coins awful circulated in the State, promoting such currencies and coins therein, or possessing same for the purpose of circulation.
Article 21 -
As amended by Federal Law no. 34 dated 24/12/2005:
This Law shall apply to whoever is present in the State after being involved abroad as a principal offender or an accessory in an act of sabotage or impairment of international communication systems or in crimes of traffic in drugs, women or children or slavery, acts of piracy or international terrorism.
Article 22 -
A citizen, while in a foreign country, becomes involved in act which is considered a crime under the provisions of this Law, whether as a principal or accessory, shall be sanctioned according to its provisions when he returns to the country, provided that such an act is punishable in accordance with the law of the country in which it is perpetrated.
This provision shall apply to whoever acquires the nationality of the State after he perpetrates the act. For the purpose of applying this Article, a stateless person shall be treated as a habitual resident in the country
Article 23 -
No criminal action shall be instituted against a person who perpetrates a crime in a foreign country except by the public prosecutor. It may not be instituted against any person in whose favour a final acquittal or conviction has been passed by foreign courts and it is proved that he has served the sentence, if a criminal action or penalty against him has duly been forfeited or the competent authorities in such country have docketed the investigations.
In determining whether a judgment is final or whether a legal action, penalty or an investigation is foreclosed, reference shall be made to the law of the country in which the judgment has been rendered.
In case a sentence has not been fully served, its period should be completed. However, if a verdict of innocence has been rendered in a crime provided for in Articles 20 and 21 and the said verdict is based on the fact that the crime is not punishable by the law of the said country, a criminal action may be brought against him before the courts of the State where the courts of the capital of the Federation shall have jurisdiction to examine the case.
Article 24 -
In executing a sentence against a convict, the period, that he has served in custody, in detention under remand or in execution of the penalty in a foreign country for the crime for which he was convicted, shall be taken into account.
Article 25 -
Without prejudice to the provision of the 1st paragraph of Article 1, this Law shall not apply to persons who enjoy immunity under international agreements, international or domestic laws, within the territory of the United Arab Emirates State.
TITLE 3
THE CRIME
CHAPTER 1
CLASSIFICATION OF CRIMES
Article 26 -
Crimes shall be divided into:
1- Dogmatic crimes.
2- Punitive and blood –money crimes.
3- Reprehensive crimes.
Crimes are of three kinds: felonies, misdemeanours and contraventions.
The kind of a crime shall be determined with regard to the penalty provided for it in the Law. Where the crime is sanctioned by a penalty of fine or blood-money in conjunction with another penalty, it shall be classified according to this other penalty.
Article 27 -
The kind of crime shall not change in case the court decides to replace the penalty appertaining thereto with a more mitigated ne whether on grounds of legal excuses or because of discretionary extenuating circumstances, unless otherwise provided by law.
Article 28 -
A felony is a crime sanctioned by any of the following penalties:
1- Any of the dogmatic sanctions or punitive punishments except drunkenness and slander.
2- Capital punishment.
3- Life imprisonment.
4- Temporary incarceration.
Article 29 -
As amended by Federal Law no. 34 dated 24/12/2005 and Federal Law no. 52 dated 14/12/2006:
A misdemeanour is a crime sanctioned by one or more of the following penalties:
1- Jail sentence.
2- A fine in exceeding a thousand Dirhams.
3- Blood-money.
Article 30 -
A contravention is every act or omission sanctioned in the laws or regulations by one or both of the two following penalties:
1- Custody for a period not less than twenty-four hours and not more than ten days by putting the convicted in special places reserved for this purpose.
2- A fine not exceeding a thousand dirhams.
CHAPTER 2
BASIC ELEMENTS OF A CRIME
SECTION 1
MATERIAL ELEMENT
1- CONSUMMATED CRIMES
Article 31 -
The material element of a crime consists of a criminal activity of performing an act or forbearance there from when such performance or forbearance is criminal according to the law.
Article 32 -
A person shall not be answerable for a crime that is not the result of his criminal activity. He may however answer for the crime if his criminal activity contributed with another cause, previous or contemporary or subsequent, in its occurrence whenever this cause is expected or likely to occur in the ordinary sequence of events.
Where this cause alone is in itself sufficient to produce the result of the crime, the person shall not in this case be answerable except for the act he perpetrated.
Article 33 -
A crime limited in time is when the punishable act occurs and ends by its very nature as soon as it is perpetrated.
A crime shall be considered transient when all the consecutive acts perpetrated in execution of a single criminal scheme are focused on one right without being separated by a period of time severing their link with each other.
If, however, the act is a continuous process that requires a renewed intervention of the perpetrator for a period of time, the crime is then continuous regardless of whether the crime effects have persisted after the perpetration of the crime as long as the effects remained present without the intervention of the perpetrator.
2- ATTEMPT
Article 34 -
An attempt is the commencement of the execution of an act with the intent of perpetrating a crime whenever its effect is stopped or fails of consummation for reasons beyond the will of the perpetrator.
Shall be considered a commencement of execution, the perpetration of an act which is considered per se one of the constituent parts of the material element of the crime or immediate and directly leading to it.
Unless otherwise provided for in the law, shall not be considered an attempt to perpetrate a crime, neither the mere intention to commit it nor the preparatory acts thereto.
Article 35 -
Unless otherwise provided in the Law, attempt to perpetrate a felony shall be sanctioned by the following penalties:
1- Life imprisonment, should the penalty prescribed for the crime be the capital sentence.
2- Temporary imprisonment, should the penalty prescribed for the crime be life imprisonment.
3- Imprisonment for a period not exceeding half the maximal level of the penalty prescribed for the crime or jail sentence if the penalty is temporary imprisonment.
Article 36 -
The Law shall determine the misdemeanours in which the attempt is sanctioned by Law as well as the penalty for such attempt.
Article 37 -
The special provisions governing accessory penalties and the criminal measures prescribed for consummated crimes shall apply to the attempt.
SECTION 2
MORAL ELEMENT
Article 38 -
The moral element of a crime consists of an intent or mistake The intent is present when the will of the perpetrator is directed towards the perpetration of the act or forbearance thereof, whenever this perpetration or forbearance is considered by law a crime, with the intent to produce a direct result or any other result penalized by law and which the perpetrator expected.
There is a mistake whenever the criminal result is achieved because of the mistake of the doer whether this mistake is due to negligence, carelessness, non-precaution, recklessness, imprudence or non-observance of the laws, regulations, rules or orders.
Article 39 -
If an act is committed under the influence of mistake in facts, the liability of the perpetrator shall be determined on basis of the facts he misconceived its presence should these facts deny or extenuate his liability, provided his belief is based on reasonable grounds and on basis of research and investigation.
In case the mistake that made the perpetrator believe that he is not responsible is due to negligence or non-precaution, he shall be answerable for a non-premeditated crime should the law penalize the act as being such
Article 40 -
The motive of perpetrating the crime shall not be taken into consideration unless the Law otherwise provides.
Article 41 -
Should the perpetrator ignore the presence of an aggravating circumstance that may change the characterization of the crime, he is not liable therefor but shall benefit of this excuse even if he ignores its existence.
Article 42 -
Ignorance of the provisions of this Law is not an excuse.
Article 43 -
The perpetrator is answerable for the crime whether it was committed deliberately or by mistake, unless the Law expressly provides for premeditation.
CHAPTER 3
CRIMINAL COMPLICITY
Article 44 -
Whoever perpetrates alone a crime or acts as a direct accomplice shall be considered a perpetrator of the crime. An accomplice is a direct one in the following instances:
First: If he perpetrates the crime with another person.
Second: If he participates in its perpetration when it consists of several acts and he deliberately commits one of its constituent acts.
Third: If he sub-serves another person by any means to execute the criminal act and the latter is not criminally responsible for this act for any reason whatsoever.
Article 45 -
A person shall be considered an accomplice by causation:
First: If he instigates to commit a crime that was perpetrated as a result of this instigation.
Second: If he conspires with others to perpetrate a crime that occurred as a result of this conspiracy.
Third: if he gives the doer a weapon, tools or anything else used in the perpetration of the crime of which he had knowledge; or if he wilfully assists the perpetrator, by any other means, in the preparatory acts or those facilitating or completing the perpetration of the crime.
The accomplice shall be equally held liable whether he was in direct contact with the perpetrator or through an intermediary.
Article 46 -
An accomplice by causation who was found at the scene of the crime with the intent to perpetrate it shall be considered as a direct accomplice in case the crime is not committed by other than him.
Article 47 -
Whoever participates in a crime as a direct or causative accomplice shall be sanctioned by its penalty, unless otherwise provided by the Law.
Article 48 -
Where an accomplice is not subject to the penalty on grounds of one of the causes of legitimacy or for the lack of criminal intent or for other particular reasons concerning him, the other accomplices shall not benefit there from.
Article 49 -
Where the material circumstances are inherent to a crime or constituent of one of its acts that will aggravate or extenuate the penalty, the effects thereof shall apply to any one directly or causatively participating in its perpetration regardless of whether he had, or not, knowledge thereof.
However, existing personal aggravating circumstances that may facilitate the perpetration of the crime shall not apply to other than its author unless the other person had knowledge of it.
As to the other circumstances, whether aggravating or extenuating, the effects thereof shall apply only to the person concerned these circumstances.
Article 50 -
In the presence of personal excuses exempting from, or extenuating the penalty as concerns one of the accomplices, whether he be direct or by causation, their effects shall only apply to the one concerned by such excuses.
Material excuses exempting from or extenuating the penalty shall produce their effects on whoever participated directly or by causation in the perpetration of the crime.
Article 51 -
The accomplice in a crime, whether direct or by causation, shall be sanctioned by the penalty appertaining to the crime perpetrated even if it is not the one he intended to perpetrate as long as the committed crime is a probable consequence of the occurring complicity.
Article 52
Should the characterization of a crime or a penalty change according to the intent of the author of the crime or his knowledge of its circumstances, the accomplices in the crime, direct or by causation, shall be penalized in accordance with their intent or knowledge.
CHAPTER 4
CAUSES OF LEGITIMACY
SECTION 1
REASONS OF LEGITIMACY
1- USE OF A RIGHT
Article 53 –
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
There shall be no crime if an act is done in good faith while exercising a right established under the Islamic Sharia or Law and within the scope of such right.
Shall be considered as an exercise of a legal right:
1- The exercise of surgeries and medical activities if carried out in accordance with the scientific principles applicable by licensed medical professions, with the express or implied consent of the patient or his legal representative or should a medical interference is essential in emergency cases requiring so.
2- Acts of violence committed in the course of sporting games within the bounds determined for such game, and in compliance with the rules of due care and attention.
3- Acts of violence committed against a person caught in flagrante delicto to the intent of apprehending him, to the extent necessary for such purpose.
4- Appeals submitted by litigants against one another during verbal or written defence in front of investigating authorities or courts to the extent of the requirements of the defence, providing the perpetrator has committed such act, where he presumed, with good intention, the truth of such of matters attributed to his opponent, and where his assumption is based on reasonable grounds.
2- PERFORMANCE OF A DUTY
Article 54 -
There is no crime if the act is done in the performance of a duty imposed by the Sharia or the Law if the person by whom the act is done is legally authorized to do it.
Article 55 -
There is no crime if the act is done by public employee or a person entrusted with a public service, in any of the following two circumstances:
First: If the act is perpetrated in execution of an order issued to him from a superior legally authorized to issue such order and who had to obey the order.
Second: If he performs in good faith an act in execution of a law order.
3- RIGHT OF LAWFUL SELF DEFENSE
Article 56 -
There is no crime in case the act is performed in the exercise of the right of lawful self-defence.
There shall be a right of lawful self-defence if the following conditions are met:
First: If the defender faces an immediate danger from a crime on his person, his property, or the person or property of another or if he believed in the existence of such danger and his belief is based on reasonable grounds.
Second: The defender has no possibility to resort to public authorities to avoid the danger in due course.
Third: The defender has no other means to repel such danger.
Fourth: The defence is necessary to repel the danger and commensurate with it.
Article 57 -
The right of self-defence does not allow Murder unless it is intended to repel one of the following matters:
1- An act which it is feared would cause death or serious wounds if such fear is based on reasonable grounds.
2- Forced sexual intercourse with a female or indecent assault on any person.
3- Kidnapping of a human being.
4- Felony of arson, destruction or theft.
5- Breaking by night into an inhabited dwelling or any of its appurtenances.
Article 58
The right of lawful self-defence does not allow resistance to one of the members of the pubic authority during the performance of an act in the exercise of his duties within the limits thereof unless it is feared that such act may cause death or serious wounds and there is a reasonable ground for such apprehension.
SECTION 2
EXCESS OF LEGITIMATE LIMITS
Article 59 -
Exceeding the legitimate limits in good faith shall be considered an extenuating excuse and, a judgment of acquittal may be rendered if deemed appropriate by the judge.
TITLE 4
CRIMINAL LIABILITY AND ITS IMPEDIMENTS
CHAPTER 1
CRIMINAL LIABILITY OF PHYSICAL PERSONS
SECTION 1
LOSS OF CONSCIOUSNESS OR OF PERCEPTION
Article 60 -
Shall not be criminally responsible whoever was, at the time of perpetrating the crime, in a state of unconsciousness or loss of perception due to lunacy, mental handicap or a trance caused by drugs or stupefacient or intoxicating materials of any kind given to him by force or taken unconsciously by him or for any other reason proved scientifically that it causes loss of consciousness or perception.
However, if the insanity, mental handicap, drugs, stupefacient or intoxicating materials result only in a diminution or weakness of consciousness or perception at the time of perpetration of the crime, it shall be considered an extenuating excuse.
Article 61 -
Should the loss of consciousness or perception be the result of drugs, stupefacient or intoxicating materials voluntarily and knowingly taken by the perpetrator, he shall be penalized for the perpetrated crime even if it requires a special criminal intent; i.e. if it was perpetrated without being in a stupefacient or intoxicated state.
If the perpetrator has taken with premeditation the drugs, stupefacient or intoxicating materials for the purpose of perpetrating the crime committed by him, this shall be considered an aggravating circumstance of the penalty.
SECTION 2
LOSS OF DISCERNMENT
Article 62 -
Criminal action shall not be brought against whoever did not, at the time of perpetration of the crime, complete his seven years of age. Age shall be established by an official deed and, in case it is not available, the investigation or trial authority shall delegate a specialized physician to assess the age by technical means.
Nevertheless, the investigation authority and the juvenile courts may, if it deems necessary, order taking the educational and therapeutic measures appropriate for the case at hand.
SECTION 3
MINORITY
Article 63 -
Whoever has completed seven, but under eighteen, years of age shall be governed by the provisions stipulated in the law on Delinquent and Homeless Juveniles.
SECTION 4
NECESSITY AND COERCION
Article 64 -
Criminal liability shall not be held against whoever perpetrates a crime under necessity of protecting, his person or property or the person or property of others, from a serious and imminent danger which occurrence is beyond his own volition
Likewise, shall not be criminally liable who perpetrates a crime under physical or moral duress.
In the two instances mentioned in the two preceding paragraphs, the perpetrator of a crime must be in the impossibility of avoiding the danger by other means and provided the crime is proportionate and to the extent necessary to repel it.
CHAPTER 2
LIABILITY OF JURISTIC PERSONS
Article 65 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Except for State interests and official departments, public authorities and institutions, juristic persons shall be criminally liable for the crimes committed by their representatives, directors or agents acting on their behalf or in their names.
They may only be sentenced to a fine, confiscation and criminal measures as prescribed by law for such crime. If the Law prescribes a principal penalty for the crime other than a fine, such penalty shall be limited to such fine which of five hundred thousand Dirhams at most, and such a matter shall not prevent from penalizing the perpetrator of the crime personally by the penalties prescribed by Law.
TITLE 5
PENALTY
CHAPTER 1
PRINCIPAL PENALTIES
Article 66 -
As amended by Federal Law no.34 dated 24/12/2005 and Federal Law no. 5 dated 14/12/2006:
Principal penalties are:
a- Dogmatic and chastisement penalties and blood-money.
b- Repressive penalties which are:
1- Capital punishment
2- Life imprisonment.
3- Term imprisonment
4- Jail sentence.
5- Custody.
6- Fine
Courts must sentence to the repressive penalties prescribed in this Law in case the conditions set forth in the Sharia for the application of the dogmatic and chastisement penalties as well as blood-money are not met.
Article 67 -
A death sentence rendered by a Federal court may not be executed except after ratification by the State President.
Article 68 -
Imprisonment is the incarceration of a convict in one of the penitentiaries legally allocated for this purpose, for life if the sentence is life imprisonment, or for the period specified in the sentence in case of a temporary imprisonment.
Unless the law provides otherwise, the term of the temporary imprisonment may not be less than three years and not more than fifteen years.
Article 69 -
The jail sentence is to place the convict in one of the penitentiaries legally allocated for this purpose for the term to which he was sentenced.
Unless the law provides otherwise, the minimum period of the jail sentence is one month and the maximum may not exceed three years.
Article 70 -
Whoever is sentenced to a penalty restricting freedom shall be charged of performing the work assigned to penitentiaries taking into consideration his circumstances with a view to reforming and habilitating him and in consideration of an appropriate salary. Periodical reports shall be made to observe his conduct and behaviour and all these subject to the law regulating penitentiaries.
Article 70 - (bis)
Added by Federal Law no. 34 dated 24/12/2005 and then cancelled by Federal Law no. 52 dated 14/12/2006.
Article 71 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Fine punishment: that is requiring a convicted offender to pay, to the treasury, the amount as specified by the sentence. The fine shall be no less than one thousand dirhams and no more than one million dirhams in felonies, three hundred thousand dirhams in misdemeanours, all that unless otherwise specified by Law.
Article 72 -
Should several convicts in a crime, whether as principal authors or accomplices, be sentenced in a single judgment to a fine, the court shall impose the fine on each severally, unless it is proportional then the convict shall be jointly liable to pa it, unless otherwise provided in the Law.
CHAPTER 2
ANCILLARY PENALTIES
SECTION 1
ACCESSORY PENALTIES
Article 73 -
Accessory penalties are:
1- Deprivation of some rights and privileges.
2- Police surveillance.
These penalties shall be enforced against the convict ipso jure in the manner specified in this Section, without need to mention it in the judgment.
Article 74 -
Each death sentence shall entail, ipso jure and from the date it is rendered and until it is executed, depriving the convict of all rights and privileges provided for in the following Article, as well as voidance of all acts of disposition and administration made by him excluding the testament.
The competent court shall appoint an administrator on the convict’s properties and shall follow in his appointment and determining his powers, the procedures applied as concerns curatorship on the interdicted.
Article 75 -
Each sentence of life or temporary imprisonment shall entail, ipso jure as of the date it is rendered, deprivation of the convict of the following rights and privileges:
1- To be an elector or member of the legislative or consultative Boards;
2- To be member of Municipality Boards or in the Board of Directors of public organisations or institutions, public service associations or institutions and joint stock companies, or manager thereof;
3- To be a guardian, curator or proxy;
4- To wear national or foreign distinction medals;
5- To bear arms.
The period of deprivation may not exceed three years from the date of completing the execution of the penalty.
Article 76 -
A convict who has been sentenced to life or temporary imprisonment may not dispose of his properties during the term of his imprisonment except with the authorization of the competent civil or Sharia court of which the convict’s residence depends
Any act of disposition made by the convict in violation of the preceding paragraph shall be void.
Article 77 -
The convict shall choose an administrator, approved by the competent civil or sharia court of his residence, to administer his properties during the period of his imprisonment. Where such choice is not made within one month from the commencement of execution of the imprisonment penalty, the court shall appoint an administrator upon request of the public prosecution or any interested party.
The court may ask from the administrator appointed by it to provide a guarantee. The administrator shall, in any case, be subordinated to the court in all matters related to his administration. The court shall restore to the convict his properties after lapse of the penalty period or his release and the administrator shall account to him for his administration.
Article 78 -
Should the convict sentenced to the penalty of life or temporary imprisonment be a public servant or a person to whom is assigned a public service, the sentence shall entail his removal from his office.
Article 79 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
He who is sentenced to life or temporary imprisonment for a Offence against the internal and external security of the state security of the State, or a crime involving forgery, counterfeiting or reproduction of money, or forgery of stamps, government securities or official documents or for a crime involving bribery, embezzlement, theft or premediated murder shall, after the completion of his term of punishment, be subject by the force of law to police surveillance, according to the rules specified by the Minister of Interior for a period that is equal to the term of punishment, but not exceeding five years.
Nevertheless, the court may, in its ruling, reduce the term of control or exempt the convicted person of the same, or mitigate the restrictions thereof.
A convicted person who violates the terms of control shall be punished by a jail sentence for no more than one year and a fine of not more than five thousand dirhams or by either one of these two penalties.
SECTION 2
COMPLEMENTARY PENALTIES
Article 80 -
The court may upon rendering a jail sentence in a felony, order the deprivation of the convict of one or more of the rights or privileges stipulated in Article 75 for a minimum period of one year and a maximum of three running from completion of execution of the penalty or its lapse for any other reason.
Article 81 -
Upon rendering a jail sentence against a public servant in one of the crimes in which it is conditioned that the perpetrator be a public servant, he may be condemned to dismissal from office for a minimum period of one year and not exceeding three years.
Article 82 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, then it was replaced by virtue of Article 1 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
Without prejudice to the rights of bona fide third parties, the court shall, upon conviction, order confiscation of seized things and property used or intended to be used in the crime, or that have been the subject of such crime or obtained from the crime.
If the manufacture, use, possession, sale or display for sale of said things is considered a crime in itself, then the confiscation shall be ordered in all cases, even if such things are not owned by the defendant.
If any of the things or property mentioned in Paragraph (1) of this Article may not be detained or confiscated due to the rights of bona fide third parties, then the court shall order the payment of a fine equal to their value at the time of commission of the crime.
CHAPTER 3
STAY OF EXECUTION OF THE PENALTY
Article 83 -
As amended by Federal Law no. 52 dated 24/12/2006:
The court may, upon rendering in a crime a judgment condemning to a non-proportional fine or to jail sentence for a period not exceeding one year, order in the judgment a stay of execution of the penalty if it finds in the character of the convict, his past history, his age or from the circumstances in which the crime was perpetrated, reasons to believe that he will not perpetrate a crime anew.
The court may include in the stay of execution order any ancillary penalty except confiscation.
In the misdemeanours provided for in Articles 328, 329, 330, 339, 372, 373, 374, 394, 395, 403, 404, 405 and in cases of theft, fraudulent misrepresentation, embezzlement and concealing the objects deriving there from; if the victim is the spouse, one of the ascendants or descendants of the convict, the pubic prosecution shall stay the execution of the penalty restricting freedom whenever the victim forfeits his right or reaches a settlement with the convict.
Article 84 -
Stay of execution of a penalty shall be for three years as of the day on which the judgment becomes final.
Article 85 -
As amended by Federal Law no. 34 dated 24/12/2005 and Federal Law no. 52 dated 14/12/2006:
The stay of execution of a judgment may be cancelled in any of the following instances: First: If, within the period specified in the preceding Article, the convict has deliberately perpetrated a crime for which he was sentenced in a decisive judgment to a sanction restricting freedom for more than two months, whether the sentence has been rendered during or after expiry of the said period provided that a criminal action has been instituted during such period.
Second: If, during the period stated in the preceding article the convict had been condemned, prior to the writ of stay of execution, by a judgment provided for in the preceding paragraph and the court had no knowledge of it when it ordered the stay of execution.
The cancellation judgment shall be rendered by the court that issued the writ of stay of execution, upon request of the public prosecution after summoning the convict to appear.
Where the penalty on which was based the cancellation has been adjudicated subsequent to the writ of stay of execution, the cancellation judgment may be rendered by the same court that imposed this penalty, whether on its own motion or upon request of the public prosecution, without prejudice to the degrees of trial before the courts.
The cancellation judgment shall entail the execution of the penalty object of the stay of execution.
Article 86 -
Should the period specified in Article 84 expire without the availability of any cause of cancellation of the stay of execution, the judgment shall be considered as non-existent.
CHAPTER 3
PLURALITY OF CRIMES AND PENALTIES
Article 87 -
If single act constitutes several crimes, shall be taken into consideration the crime which penalty is more severe and this penalty shall be imposed to the exclusion of all others.
Article 88 -
In case several crimes occur having a single purpose and all are linked to each other inseparably, they must all be considered a single crime and the most severe penalty shall be adjudicated.
Article 89 -
The adjudication of the penalty prescribed for the most severe crime, in the two preceding articles, shall be without prejudice to the imposition of the ancillary penalties prescribed by law with regard to the other cries.
Article 90 -
In the case provided for in Article 88, should the criminal be condemned for the crime with the slightest penalty, he should afterwards be put into trial for the crime with the most severe penalty and, in this case, the court shall order the execution of the penalty adjudicated in the latter judgment after deducting the period served from the former judgment.
Article 91 -
The text of Article 91 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005, and by virtue of Article 1 of Federal Law No. 52/2006 dated 14/12/2006. In addition, the text of this Article was amended by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
If a person has committed more than one crime before he has been sentenced in one of them, and where the requirements set forth in the two Articles (87) and (88) of the present Law for these crime are not met, he shall be sentenced to the penalty prescribed for each of them, and all penalties imposed thereof shall be served consecutively, provided that total periods of imprisonment only, or the total combined periods of imprisonment and the jail sentence shall not exceed twenty years, and that in all cases, the periods of jail sentence shall not exceed ten years.
In case where various crimes are committed the penalty of imprisonment shall be served then the jail sentence.
Article 92 -
The death penalty shall override all other repressive penalties with the exception of proportionate fines and confiscation. The penalty of imprisonment shall, to the extent of its period, override the jail sentence for a crime perpetrated prior to the mentioned sentence of imprisonment.
Article 93 -
As amended by Federal Law no. 34dated 24/12/2005 and Federal Law no. 52 dated 14/12/2006:
The following penalties shall be executed regardless of their number:
1- Fine and ancillary penalties.
2- Criminal measures taken provided the total periods of police surveillance do not exceed five years.
TITLE 6
LEGAL EXCUSES AND DISCRETIONARY EXTENUATING ANDAGGRAVATING CIRCUMSTANCES
CHAPTER 1
LEGAL EXCUSES AND DISCRETIONARY EXTENUATING CIRCUMSTANCES
Article 94 -
Excuses are either exempting or extenuating from penalty.
Excuses are only those specified by law.
Article 95 -
Exempting excuses shall prevent adjudication of any penalty or measure except confiscation.
Article 96 -
The juvenile age of the criminal, the perpetration of a crime for non-malicious motives or upon a serious and undue provocation on the part of the victim, shall be considered among the extenuating excuses.
Article 97 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016, and became as follows:
Unless otherwise is specified by Law, in case where there is an excuse for mitigation of punishment in a felony subject to death penalty, the penalty may be reduced to life imprisonment or temporary imprisonment or to a jail sentence for no less than one year. If such felony is subject to life imprisonment, the penalty shall be reduced to temporary imprisonment or to a jail sentence for no less than six months. If the felony is subject to temporary imprisonment, then the penalty shall be reduced to remand of no less than three months.
Article 98 -
If the court deems in a felony that the circumstances of the crime or of the criminal call for the extenuation of the penalty, it may commute the penalty prescribed for the felony in the following manner:
a- Where the penalty prescribed for the felony is death sentence, it may be commuted to life or temporary imprisonment.
b- Where the penalty prescribed for the felony is life imprisonment, it may be commuted to temporary imprisonment or a jail sentence for a minimum period of six months.
c- Where the penalty prescribed for the felony is temporary imprisonment, it may be commuted to a jail sentence for a minimum period of three months.
Article 99 -
If there is, in a misdemeanour, an extenuating excuse, the commutation shall be as follows:
a- In case the penalty has a specific minimum level, the court shall not be bound by it in considering the penalty
b- If the penalty is a jail sentence and a fine, court shall adjudicate one of these two penalties only.
c- Where the penalty is a jail sentence not tied up with a specific minimum, the court may instead pass judgment for a fine.
Article 100 -
If the court deems, in a misdemeanour that the circumstances of the crime or of the criminal call for clemency, it may commute the penalty in the manner specified in the preceding Article.
Article 101 -
If there is in a misdemeanour both an extenuating circumstance and an extenuating excuse, the court shall grant the accused a judicial pardon.
CHAPTER 2
AGGRAVATING CIRCUMSTANCES
Article 102 -
Taking into consideration the cases in which the Law specifies special reasons for aggravation, the following shall be considered as aggravating circumstances:
a- Perpetrating a crime for a vile motive.
b- Perpetrating a crime by taking advantage of the weak state of mind of the victim, his inability to resist or in circumstances that does not allow for someone else to defend him.
c- Perpetration of a crime by using savage means or by mutilation of the victim.
d- Perpetration of a crime by a public servant through exploiting the authority of his position or of his capacity, unless the law provides for a special sanction in consideration of this capacity.
Article 103 -
As amended by Federal Law no. 34 dated 24/12/2005 and Federal Law no. 52 dated 14/12/2006:
Where there is on the crime an aggravating circumstance, the court may impose the penalty in the following manner:
a- If the penalty originally prescribed for the crime is a fine, its maximum limit may be doubled or a jail sentence may be imposed.
b- If the penalty originally prescribed for the crime is jail sentence, its maximum limit may be doubled.
c- If the penalty originally prescribed for the crime is temporary imprisonment which upper limit is less than fifteen years, the penalty may reach the upper limit.
d- If the penalty originally prescribed for the crime is temporary imprisonment that reached the maximum limit, the penalty may be replaced by life imprisonment
Article 104 -
Unless otherwise provided by law, if a crime, not penalized by a fine, is perpetrated with a motive of profit, the perpetrator may be penalized, in addition to the penalty originally prescribed for the crime, to a fine not exceeding the profit realized.
Article 105 -
In case aggravating circumstances are present, in a single crime, with extenuating circumstances, the court shall first apply the aggravated circumstances, then the extenuating excuses followed by the extenuating circumstances.
Should the aggravating circumstances vary in their effect with those of the excuses, the court may, however, give preponderance to the stronger of the two.
CHAPTER 3
RECIDIVISM
Article 106 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be considered a recidivist:
First- Whoever is condemned by a decisive judgment to a criminal penalty and then perpetrated a crime thereafter.
Second- Whoever has been condemned by a decisive judgment to a jail sentence for a period of six months or more and then perpetrates a misdemeanour before the lapse of three years from the date of complete execution of this penalty.
Recidivism is not available except in crimes united in premeditation and mistake.
The court may, in these cases, refuse to consider recidivism an aggravating circumstance.
Article 107 -
If a recidivist has previously been sentenced to two penalties restricting freedom, both of them for one year at most, or three penalties restricting freedom, one of which is for one year at least, because of theft, swindling, breach of trust, hiding objects obtained there from or attempt to perpetrate such crimes, and then he commits or attempts to commit a misdemeanour, in one of the mentioned punishable crimes, after he has been sentenced to the last of these penalties, the court shall condemn him to temporary incarceration for a period not exceeding five years in lieu of applying the provisions of the preceding article.
Article 108 -
The court shall, in accordance with the provision of the preceding article, sentence the perpetrator of a misdemeanour mentioned therein, after he has been sentenced in one of the crimes mentioned in Articles 305, 424, 426 and 428 to two penalties restricting freedom, both for one year at least, or to three penalties restricting freedom, one of them at least is for a period of one year.
TITLE 7
CRIMINAL MEASURES
CHAPTER 1
KINDS OF CRIMINAL MEASURES
Article 109 -
Criminal measures are either restricting freedom, depriving of rights or material punishments.
SECTION 1
MEASURES RESTRICTING FREEDOM
Article 110 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016, and became as follows:
Custodial measures are:
1- Prohibiting visiting certain public places.
2- Prohibiting residing in a certain place.
3- Surveillance.
4- Community service.
5- Expulsion from the State.
Article 111 -
The court shall prohibit the condemned from frequenting the public places specified by it should the crime be perpetrated under influence of intoxication or narcotics as well as the other instances provided for in the law. Prohibition shall be for a minimum period of one year and a maximum of five.
Article 112 -
Prohibition of residence in a specific place is depriving the convict to reside or frequent, subsequent to his release, this place or the places specified in the judgment for a minimum period of one year and a maximum of five.
Article 113 -
If a person has been sentenced to a death penalty or life imprisonment and a special pardon has been granted forfeiting whole or part of this penalty or exchanging it for a milder penalty, the public prosecution must submit his case to the court that rendered the judgment in order to decide whether to prohibit him from residing in the place or places it specifies for a period of five years; unless the pardon decision stipulates otherwise.
In case of rendering a temporary imprisonment, the court may order prohibiting the convict from residing in specific place or places for the period of the sentence provided it does not exceed five years. If the jail sentence was imposed in a felony, the court may decide to prohibit residence for a period of maximum two years.
Article 114 -
The court that has rendered the judgment may, upon request of the public prosecution or the convict, shorten the period of the sentence decided under the preceding articles, exempt the convict from the remaining period or modify the places in which the criminal measures are to be executed.
Article 115 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016, and became as follows:
Surveillance means requiring the convicted person to comply with all or some of the following restrictions according to the judgment:
1- Not to change his residence unless after the approval of the competent administrative authority. In case he has no place of residence then the authority shall designate a residence to such person.
2- To present himself to the competent administrative authority regularly within the periods specified by such authority.
3- Not to visit the places specified by the judgment.
4- Not to leave his residence at night except with an authorization from the competent administrative authority.
In all cases, the rules specified by decision of the Minister of Interior in this regard shall be applicable.
Article 116 -
If a person has been sentenced to a death penalty or life imprisonment and a special pardon has been granted forfeiting whole or part of this penalty or exchanging it for a milder penalty the convict shall ipso jure be subject to the surveillance restrictions provided for in paragraphs 1, 2 and 4 of the preceding article for a period of five years, unless otherwise provided in the pardon order.
Article 117 -
If a person has been sentenced to life or term imprisonment for a felony violating the State internal or external security, he must be put under surveillance for a period not exceeding five years. Where the court renders a judgment in a felony imposing a penalty restricting freedom for a period exceeding one year, it may put the convict under surveillance for a period not exceeding five years and not beyond the period of the penalty.
Article 118 -
The surveillance period shall start from the date fixed in the judgment for its execution but the date fixed for its expiry shall not be extended should the execution thereof become impossible.
Article 119 -
The court shall supervise the execution of the surveillance through periodic reports, submitted to it by the competent administrative body, every three months at least, on the behaviour of the convict. The court may amend the surveillance restrictions or allow total or partial exemption there from.
Article 120 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016, and became as follows:
Community service means requiring a convicted offender to perform any of the community works specified by a Cabinet Decision, in any of the establishments or premises indicated by decision of the Minister of Justice in agreement with both the Minister of Interior and the Minister of Human Resources and Emiratisation, or by decision of the president of the local judicial authority.
A community service shall be imposed in misdemeanours only in substitution of the jail sentence of which period does not exceed six months or a fine, where the period of community service shall not exceed three months.
The text of a new Article was added under No. 120 (bis) (1), by virtue of Article 2 of Federal Decree-Law No. 7/2016, to read as follows:
Article 120 (bis) (1)
The community service shall be served in such entity or entities selected by the public prosecutor or by his delegate in accordance with the decision mentioned in Article 120 of the present Law, in coordination with such entity or entities, under the supervision of the public prosecution.
The text of a new Article was added under No. 120 (bis) (2), by virtue of Article 2 of Federal Decree-Law No. 7/2016, to read as follows:
Article 120 (bis) (2)
The entity where in the community service is to be served shall file, with the public prosecution, a detailed report on the activity of the convict, his conduct, discipline and the extent of compliance with the performance of the service assigned to him.
The text of a new Article was added under No. 120 (bis) (3), by virtue of Article 2 of Federal Decree-Law No. 7/2016, to read as follows:
Article 120 (bis) (3)
If the convict fails to comply with the execution requirements of the community service, then the court may, at the request of the public prosecution, decide to apply the jail sentence for such a period similar to the community service period or to complete the remaining period, and the public prosecution may, if necessary, postpone the execution of the community service, providing all measures to ensure such execution are taken.
The text of a new Article was added under No. 120 (bis) (4), by virtue of Article 2 of Federal Decree-Law No. 7/2016, to read as follows:
Article 120 (bis) (4)
The provisions of Articles 295, 296, 297, 298 and 299 of the Federal Criminal Procedure Law shall apply to the community service.
Article 121 -
The text of Article 121 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
A foreigner who is sentenced for a felony by a custodial punishment or for crimes involving sexual assault, shall be expelled from the State.
In other misdemeanours, the court may order that he must be expelled from the country or that the expulsion be as an alternative penalty to the custodial punishment.
SECTION 2
MEASURES DEPRIVING FROM RIGHTS AND MATERIAL MEASURES
Article 122 -
The measures of deprivation of rights and material measures are:
1- Forfeiture of tutorship, trusteeship, curatorship or proxy on the absentee.
2- Prohibition to practice a specific work.
3- Withdrawal of the driving licence.
4- Closing the premises.
Article 123 -
Forfeiture of tutorship, trusteeship, curatorship or proxy on the absentee is depriving the convict from exercising such authority whether it concerns the person or the property.
Forfeiture shall be for the period fixed by the court.
The court may restrict forfeiture to some of the authorities resulting from tutorship, trusteeship, curatorship or proxy on the absentee.
Article 124 -
In case the tutor, trustee, curator or proxy on the absentee is condemned for a crime perpetrated in breach of the duties of his authority, the court may order the forfeiture of his tutorship, trusteeship, curatorship or proxy on the absentee.
The order of forfeiture becomes mandatory if he perpetrates a crime disqualifying him of becoming a tutor, trustee, curator or proxy on the absentee.
Article 125 -
Prohibiting the practice of a work is the deprivation of the right of practicing a profession, craft, an industrial or a commercial activity which practice requires a licence from the public authority.
Article 126 -
If a person perpetrates a crime in violation of his profession, craft, industrial or commercial activity for which he was sentenced to a penalty restricting his freedom for a minimum period of six months, the court may upon conviction prohibit him from practicing his work for a maximum period of two years. In case of recidivism of such crime during the five years following the issuance of a decisive judgment of prohibition, the court must order the prohibition for a minimum period of one year but not exceeding five.
The period of prohibition shall commence the date on which the execution of the penalty has been completed or expired for any reason.
Such a measure may suffice in lieu of the principal penalty prescribed for the crime.
Article 127 -
Withdrawal of the convict’s driving licence may result in suspending its effects for the period fixed by the court which should not be less than three months and not more than two years.
Such a measure may be ordered upon sentencing the convict to a penalty restricting freedom for a crime perpetrated through a transport mechanical device in violation to the obligations imposed by law.
Article 128 -
Excluding the special instances where the law provides for the closing of the premises, the court, in prohibiting a person from practicing his business in accordance with Article 126, may order the closure of the premises where he practices this business for a minimum period of one month and a maximum of one year.
The closure shall entail the prohibition of carrying on the same business, trade or industry in the same place whether directly by the convict or through a member of his family or any other person to whom the convict has leased or assigned the premises subsequent to the perpetration of the crime. This prohibition does not apply to the owner of the premises or any person having a real right there on, if he has no relation with the crime.
CHAPTER 2
GENERAL PROVISIONS
Article 129 -
Measures provided for in this Title may not be taken against a person without establishing that he has perpetrated an act that the law considers a crime and his condition requires taking such measure for the safety of the society.
The condition of the convict is considered dangerous to society if his circumstances, past, behaviour, the crime’s circumstances or motives show a serious probability that he is going to perpetrate another crime.
Article 130 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016, and became as follows:
Without prejudice to the provisions of Article 120 (bis) (3) of the present Law, any person who violates the terms of the criminal measure imposed, shall be punished by a jail sentence for no more than one year or a fine of not more than not five thousand dirhams.
The court may order that a measure be extended to no more than one-half of the period of the sentence, and not to exceed, in any case, three years as an alternative punishment to the penalty prescribed in the preceding paragraph, or it may order that such penalty be replaced by another measure specified in the preceding Chapter.
Article 131 -
Measures provided for in this Title may not be subject to a stay of execution.
Article 132 -
The court may, upon request of the concerned person or the public prosecution, order the termination or the amendment in scope of any of the inflicted measures from among those provided for in the preceding articles, deportation excepted, as it may upon the public prosecution’s request cancel at any time the measure
Should the request, referred to in the preceding paragraph, be rejected, it may not be submitted again except after three months at least from the date of its rejection.
TITLE 8
COLLECTIVE DEFENSE
CHAPTER 1
CASES OF SOCIAL DEFENSE
SECTION 1
MENTAL OR PSYCHIC DISEASE
Article 133 -
Should the act constituting the crime be perpetrated by a person under the influence of lunacy, mental handicap or a psychic illness that made him lose absolute control of his acts, the court shall order his reclusion in a treatment house, in accordance with a decision taken by the Minister of justice in consultation with the Minister of Health.
The same measure shall be adopted with regard to whoever is, subsequent to the judgment, in one of these conditions
SECTION 2
REGULAR CRIMINALS
Article 134 -
Should recidivism occur in accordance with the two Articles 107 and 108, the court may, in lieu of inflicting the penalty prescribed therein, decide to consider the recidivist a regular criminal and shall in this case order to detain him in one of the labour institutions to be formed and organized by a regulation, issued by the Minister of Labour and Social Affairs, in which the manner of treating the detainees in it shall be determined.
Where the recidivist has previously been sentenced to the penalty prescribed in Articles 107 and 108 and then perpetrates a felony, the court may, instead of inflicting the penalty which the perpetrator deserves, consider him a regular criminal and order his detention in one of the labour institutions.
SECTION 3
SOCIAL DANGER
Article 135 -
A person may constitute a social danger if he is lunatic, mentally disabled
or afflicted by a psychic disease disabling him from controlling his acts so as his personal safety or that of others are endangered, he shall in this case be detained in a treatment asylum by order of the competent court upon request of the public prosecution.
CHAPTER 2
SOCIAL DEFENCE MEASURES
Article 136 -
Social defence measures are the following:
1- Detention in a treatment asylum.
2- Detention in one of the labour institutions.
3- Surveillance.
4- Obligating him to reside in his domicile of origin.
Article 137 -
Whoever is sentenced to be detained in a therapeutic asylum shall be sent to a health institution specialized for the purpose where he shall receive the care that his condition requires.
Health institutions shall be determined by a regulation to be issued by the Minister of Health in agreement with the Minister of Justice.
Should he be sentenced to detention in a therapeutic asylum, the competent court shall examine the medical reports on the condition of the convict at periodic intervals not to exceed six months each. The court may, after consulting the public prosecution, may order the release of the convict if it appears that his condition so permits.
Article 138 -
In instances where the law provides for the detention in one of the labour institutions, the court shall order such measure without fixing the detention period.
Persons in charge of the administration of the institution have to submit to the competent tribunal through the public prosecution periodical reports on the condition of the convict within periods not exceeding six months each. The court may after seeking the opinion of the public prosecution order his release if it finds that his condition has improved.
The period of detention for the regular criminals may not exceed five years in misdemeanours and ten in felonies.
Article 139 -
The provisions of Article 115 of this Title shall apply to surveillance which period may not exceed three years.
Article 140 -
The obligation to reside in the domicile of origin consists in having the person return to his domicile where he was residing prior to his move to the place where it is established that he became a social danger. This obligation may not last for less than six months and not more than three years.
Article 141 -
Upon violation of the measures taken according to this Title, the court may extend the period of the measure for a term not exceeding half of the sentence period.
Article 142 -
The execution of the social defence measures may not be stayed.
TITLE 9
GENERAL AMNESTY, REMISSION FROM PENALTY AND JUDICIAL PARDON
Article 143 -
General amnesty for a specific crime or crimes shall be granted by a law and result in the extinction of the criminal action or deletion of the judgment of conviction rendered in it, considering these crimes or this crime as non-existing and forfeiture of all principal and accessory penalties and criminal measures, without having any effect on all penalties and criminal measures that have been previously executed.
Article 144 -
If a general amnesty law has been enacted for part of the penalties adjudged, it shall be considered as a special pardon and its provisions shall apply thereto.
Article 145 -
Special pardon shall be granted by decree that includes forfeiture of the adjudged penalty, from the federal judiciary point of view, totally or partially or replace it by a milder penalty prescribed by law.
A special pardon does neither entail forfeiture of the accessory penalties nor the other criminal effects or criminal measures unless provided otherwise in the decree.
The special pardon shall be of no effect on the penalties previously executed.
Article 146 -
Forfeiture of the penalty or criminal measure by special pardon shall be considered as if executed.
Article 147 -
As amended by Federal Law no. 34 dated 24/12/2005:
In addition to the instances for which a special provision is prescribed, the judge may pardon the convict for a misdemeanour in one of the following cases:
a- If the convict did not reach twenty-one years of age when perpetrating the crime and he has not been condemned for another crime.
b- Where the misdemeanour is one of insult or battery and the assault was reciprocated, or the assault was minor if the victim desisted himself of his personal right to sue.
In case of pardon, the judge shall address the perpetrator whatever advice and guidance he deems appropriate and warn him that he will not benefit in future of a pardon anew.
Article 148 -
Pardon of any kind a not prejudice whatever rights the litigants or third parties may have.
BOOK 2
CRIMES AND THEIR PENALTIES
TITLE 1
CRIMES AGAINST STATE SECURITY AND INTERESTS
CHAPTER 1
CRIMES AGAINST STATE EXTERNAL SECURITY
Article 149 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
A citizen who joins in any manner the armed forces or the security bodies of an enemy country or a country in state of war with the State, or who joins an armed force of a group that is an enemy to the State or seeks to prejudice the security of the State shall be sentenced to death.
Article 149 (bis) (1)
The text of a new Article was added under No. 149 (bis) (1), by virtue of Article 2 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who intentionally commits an act that may prejudice the sovereignty, independence, unity or safety of the State, shall be sentenced to death or life imprisonment.
Article 149 (bis) (2)
The text of a new Article was added under No. 149 (bis) (2), by virtue of Article 2 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who carries weapons against the State, or commits any attempt or incitement of the same shall be sentenced to death or life imprisonment.
Every citizen joining, in any manner, the armed forces of a country in a state of war with the State or the armed forces of a group hostile to the State shall be sentenced to capital punishment.
Article 150 -
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Shall be sentenced to death:
1- Any person who acts, in any way for the benefit of an enemy, any enemy country or group or that seeks to prejudice the security of the State, so as to corrupt the fidelity of the armed forces or weakening their morale or their resistance force.
2- Any person who incites members of the armed forces, police or security bodies, in time of war, to engage in the service of any country or a hostile group or a group with intent to prejudice the security of the State, or facilitates such a matter.
3- Any person who intentionally participates in any way, in raising members of the armed forces, police or security bodies, men, funds, supplies or ordnance or who plans any of the same for the benefit of a country in state of war with the State or for the benefit of a hostile group or a group with intent to prejudice the security of the State.
Article 151
The text of Article 151 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who facilitates the entry to the State of an enemy, country or a hostile group or a group with intent to prejudice the security of the State, or hand over any part of its territories, cities, ports, a fortress, an entity, a site, a warehouse, a factory, a vessel, an aircraft or any means of transportation, weapons, ammunition, explosives, ordnance or military equipment, intended for the defence of the country or used for such purpose, shall be sentenced to death.
The punishment shall be life imprisonment if the persons mentioned in the preceding Paragraph hand over supplies or food or any other issues, intended for the defence or used for such purpose.
Article 152
The text of Article 152 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who assists the enemy or a country or a hostile group or a group with intent to prejudice the security of the State, by giving information or assists as a guide thereof shall be sentenced to death.
Any person who serves any of those mentioned in the preceding Paragraph aiming to obtain a benefit or interest or a mere promise of the same either from himself or for another specified person, whether directly or indirectly and whether such benefit or interest is corporeal or incorporeal, shall be sentenced to life imprisonment.
Article 153
The text of Article 153 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who knowingly assists or aids a prisoner of war or any of the soldiers or citizens of the enemy or agents in detention, or the individuals of a hostile group or a group with intent to prejudice the security of the State, or who lodges or provides food, clothes or any means of transportation or any other means of assistance, or who hides him after his escape from the detention camp, shall be sentenced to life imprisonment.
Shall be sentenced to the same punishment if the assistant or associate offers resistance to the authority seeking to re-arrest any of the persons mentioned. If such resistance results in the death of a person, the punishment shall be death.
Article 153 (bis)
The text of Article 153 was amended, by virtue of Article 2 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any public servant entrusted with guarding a prisoner of war or any national citizen of the enemy or agents in custody or who intentionally facilitates the escape from place of detention, shall be sentenced to life imprisonment.
If the act is committed due to negligence or recklessness, the punishment shall be detention for no less than three years and not exceeding five years.
Article 154
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who seeks or communicates with a foreign country or a hostile group or a group with intent to prejudice the security of the State or any agent of the same working on its behalf to assist in its military operations, or to prejudice the military operations of the State, shall be sentenced to death.
Any person who seeks or communicates with any of those mentioned in the preceding Paragraph or any of those working on its behalf with a view to fomenting acts of aggression against the State, shall be sentenced to life imprisonment.
Article 155
The text of Article 155 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Shall be sentenced to life imprisonment if any of the following acts is committed in time of peace, and to death if any of these acts is committed in time of war:
1- Any person who seeks or communicates with a foreign country or any of its agents working on its behalf to prejudice the military, political or economic position of the State.
2- Any person, who intentionally destroys, hides, embezzles or defaces any paper or document knowing the relevance of the same to the security of the State or any other national interest.
If the crime is committed with the intention to prejudice the military, political or economic position of the State, or with the intention to cause damage to any other national interest, or if such crime is committed by a public servant or a person entrusted with a public service, such matter shall be considered to be an aggravating circumstance.
Article 156 -
Shall be sentenced to life imprisonment, whoever is in charge of negotiating with an alien government or an international organisation in one of the State affairs and deliberately conducts such negotiations against the State interests.
Article 157
The text of Article 157 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who requests, accepts or receives, either for himself or for another person, even by an intermediary, a gift, grant or benefit of any kind, or is promised of the same, from a foreign State or group with intent to prejudice the security of the State, for the purpose of committing an act that is harmful to a national interest, shall be sentenced to life imprisonment.
Any person who gives, promises or offers any of what is previously mentioned for the purpose of committing an act that is harmful to a national interest shall be sentenced to the same punishment even if his offer, promise or proposal is not accepted.
Moreover, the same punishment shall be imposed on such person who acts as an intermediary for the commission of any of the crimes mentioned in the present Article.
If the request, acceptance, promise, proposal or intermediation is in writing, then the crime shall be completed immediately when the letter is forwarded or sent by whatsoever mean.
Article 158
The text of Article 158 was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who hands over or discloses to a foreign country, a hostile group or a group with intent to prejudice the security of the State, or to any of their agents working on their behalf, in any manner or by any means, one of the defence secrets of the State or obtains by any means any of the said secrets with the intention to hand over or disclose such secret to a foreign state, a hostile group or a group with intent to prejudice the security of the State or to any of their agents working on their behalf, as well as any person who destroys anything considered as one of the defence secrets of the State or renders it inoperative shall be sentenced to death or life imprisonment.
Article 159
The text of Article 159 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Every public servant or a person entrusted with a public service who discloses any of the defence secrets of the State shall be sentenced to life imprisonment.
Death penalty shall be imposed if such crime is committed in time of war.
Article 160
The text of Article 160 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Shall be sentenced to life imprisonment, any person who:
1- Unlawfully obtains any of the national defence secrets, yet without the intention to hand over or disclose such secret to a foreign State, a hostile group or a group with intent to prejudice the security of the State, or to any agent working on their behalf.
2- Disseminates in any way any of the defence secrets of the State.
3- Organises or uses any means of telecommunication or information technology or any other method with the intention to obtain, hand over or disseminate any of the defence secrets of the State.
Death penalty shall be imposed if the crime is committed in time of war.
Article 161
The text of Article 161 was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who intentionally destroys, damages or renders unusable a weapon, vessel, aircraft, equipment, establishment, any mean of transportation, public facility, ammunition, supplies, medicines or other issues intended for the defence of the State or used for such purpose shall be punished by life imprisonment.
Any person who intentionally manufactures or repairs any of the things mentioned in the preceding Paragraph, or who intentionally renders such thing unfit for use, even if temporarily, or injurious shall be punished by the same penalty.
The punishment shall be death if such crime is committed in time of war.
Article 162
The text of Article 162 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who exports in time of war, either in person or through an intermediary and whether directly or through another country, the goods, products or other items to an enemy country or imports any of such items from said country shall be sentenced to imprisonment for no less than ten years and no more than twenty-five years, and to a fine equal to double the value of the things imported or exported at most, but not less than one million dirhams.
Things subject of the crime shall be confiscated. If these things were not detained, then the perpetrator shall be subject to an additional fine equal to the value of these things.
Article 163
The text of Article 163 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who starts in time of war, either in person or through an intermediary, commercial activities other than those mentioned in Article (162) of this Chapter, with any of the national citizens of an enemy country, shall be sentenced to imprisonment for no less than ten years and no more than twenty-five years, and to a fine equal to double the value of the activity that is the subject of the crime, but not less than one million dirhams. In addition, the things that are the subject of the crime shall be confiscated, yet if not detained, the criminal shall be subject to an additional fine equal to the value of these things.
Article 164
The text of Article 164 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who, in time of war, intentionally fails to fulfil all or some of his obligations arising from an independent, transport or supplying contract or public works or obligation contract, or any other contracts which are concluded with the State for the requirements of the armed forces or to protect civilians or provide their needs, or if he commits a deceit in the execution of such contracts, shall be sentenced to imprisonment for no less than ten years and no more than twenty-five years.
A death penalty or life imprisonment shall be imposed if the crime is committed with the intention to harm the interest of defence of the State or the operations of the armed forces.
The provision of the two previous Paragraphs shall apply to sub-contractors, agents and intermediaries, if such default in the execution of said obligations or any deceit thereof is attributed to them.
In all cases, the criminal shall be sentenced to a fine that is equal to the amount of damage incurred to the property or interests of the State, provided that such amount shall not be less than double the amounts that he has obtained due to his default or deceit.
Article 165
The text of Article 165 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
If any of the acts set forth in the two Articles (161) and (164) of this Chapter is committed due to negligence or delinquency, the punishment shall be the jail sentence for no less than three years and no more than five years, and a fine not less than one hundred thousand dirhams to the extent of the amount of damage incurred to the property or interests of the State due to such negligence or delinquency.
Article 166
The text of Article 166 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who intentionally engages in any act against a foreign country that may prejudice the political relationships or expose the nationals, employees, property or interests of the State to the threat of reprisals, shall be sentenced to life imprisonment.
If the act results in any of the consequences mentioned in this Article, such a matter shall be considered to be an aggravating circumstance.
Article 167
The text of Article 167 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who intentionally disseminates in time of war false or malicious news, statements or rumours or disruptive propaganda intending to inflict damage to the military preparations intended for the defence of the State, or to the military operations of the armed forces or to spread fear among people or to weaken the morale of the state shall be sentenced to death.
Article 168
The text of Article 168 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Shall be punished by a jail sentence for no less than six months and no more than five years and a fine of not less than one hundred thousand dirhams, or by either one of these two penalties:
1- Any person who flies over the territory of the State in violation of the prohibition issued by competent authorities.
2- Any person who takes pictures, drawings, maps of sites or locations in violation of the prohibition issued by competent authorities.
3- Any person who gains access, without a licence from competent authorities, to a fortress or one of the defence entities, camp or oil site, or a place of armed forces, military or commercial vessel or aircraft, military vehicle, or any military site, place or factory in which an act is carried out for the interest of defence of the State and where the public is not allowed to enter.
4- Any person who attends in any of the locations where such residence or attendance is prohibited by military authorities.
If such crime is committed in time of war, or by use of any way of fraud, deceit, concealing, or by hiding identity, nationality, profession or capacity, then the penalty shall be imprisonment for no more than five years. In case of combination of both circumstances, the penalty shall be temporary imprisonment.
Any attempt to commit the misdemeanours set forth in this Article shall be punished by a jail sentence or a fine.
Article 169
The text of Article 169 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who publishes, broadcasts or hand over to a foreign country or group with intent to prejudice the security of the State or to any agent working on their behalf, in any way or by any method, news, information, things, correspondence, documents, maps, drawings, pictures, co-ordinates or other issues relating to government departments or to any of the authorities mentioned in Article (5) of this Law, that is prohibited by the competent authority to be published or broadcasted, shall be sentenced to life imprisonment.
Article 170 -
The text of Article 170 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005, then it was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016, then the text of a new Article was added by virtue of Article 2 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
Shall be considered as one of the national defence secrets:
1- Military, political, economic, industrial, scientific and security information related to the social security, or other information known only, by virtue of their nature, by persons holding such capacity for which the country’s interest requires that they be kept as secret hidden from others.
2- Correspondence, documents, deeds, drawings, maps, designs, pictures, coordinates, and other things that if revealed, would result in the disclosure of information mentioned in the preceding Paragraph, and which the country’s interest requires that they be kept as secret hidden from other than those entrusted to maintain or use them.
3- News and information on the armed forces, the Ministry of Interior, and security bodies, their formations, movements, ordnance, supplies, staff and other issues that may prejudice the military affairs, and the military and security plans, unless permitted to be published or broadcasted under a written authorisation issued from competent authority.
4- News and information relating to the measures and procedures followed for investigating the crimes set out in this Chapter, and for the apprehension of criminals, as well as news and information relating to the process of the investigation and trial if prohibited to be broadcasted by the investigating authority or the competent court.
Article 170 (bis) -
Added by Federal Law no. 34 dated 24/12/2005:
In case the convict perpetrates one of the crimes, provided for in Articles 154, 155 (clause 1, item 1 and clause 2), 157, 158, 167 and 169 of this Chapter, with a foreign group or organisation or other regardless of its denomination, or with one of those serving its interest, shall be sentenced to the penalty prescribed for this crime.
Article 171 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
Article 172 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
Article 173 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
CHAPTER 2
CRIMES IN VIOLATION OF THE STATE INTERNAL SECURITY
Article 174 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be sentenced to death, whoever attempts, or starts to execute, overthrowing or taking over the State’s system of government by use of force.
Article 175
The text of Article 175 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who attempts to commit an attack against the safety of the president of the State, or his freedom, or who wilfully, endangers his life or freedom shall be sentenced to death. The same penalty shall apply if such crime is committed or attempted to be committed.
Article 176
The text of Article 176 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who insults the President of the State shall be sentenced to imprisonment for no less than fifteen years and no more than twenty-five years.
The text of a new Article was added under no. 176 (bis), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, as follows:
Article 176 (bis)
Any person who shows insolence, or who insults or damages the reputation or dignity of the State or of its flag, national emblem or national symbols or any of its establishments shall be sentenced to imprisonment for no less than ten years but no more than twenty-five years, and to a fine of not less than five hundred thousand dirhams.
Article 177
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who uses violence, threat or any other unlawful mean to compel the President of the State to perform any of his statutory duties to omit such duty, shall be sentenced to life imprisonment.
Article 178
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who uses violence, threat or any other unlawful mean to compel the Prime Minister or his deputy, or any minister, the chairman or members of the Federal National Council, or any member of the judiciary to perform any of his statutory duties to omit such duty, shall be sentenced to life imprisonment
Article 179
The text of Article 179 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who attempts to commit, starts or commits an attack, against the safety of the president of a foreign county or his freedom, shall be sentenced to death.
The lawsuit in the crimes set forth in the present Article shall be filed by the public prosecutor only.
Article 180
The text of Article 180 was amended, by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who establishes, sets up, organizes or takes command or who joins or participates in an assembly, association, organisation, formation, group or gang or any branch thereof, of whatever name or form, with the intent to overthrow or take over the regime of the country or to subvert the provisions of the Constitution or Law or to oppose the basic principles upon which the regime of the country is based, or who prevents any of the establishments of the State or a public authority from exercising its functions or who deprives the citizens from their personal liberty or other public rights and freedoms secured by the Constitution, Law, or who injures the national unity or civil peace, shall be sentenced to death or life imprisonment.
Any person who co-operates with any of the associations, establishments, organisations or groupings set forth in the first Paragraph of this Article or who participates in any way or provides them with financial or material aids with his knowledge of its objectives shall be sentenced to the same penalty.
Article 180 (bis)
The text of a new Article was added under no. 180 (bis), by virtue of Article 2 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who promotes by speech, writing or by any other method, for any of the acts or objectives set forth in Article 180 of the present Chapter, shall be sentenced to imprisonment for no less than fifteen years and no more than twenty-five years.
Shall be sentenced to the same penalty, any person who acquires or possesses, in person or through an intermediary, any documents, publications, recordings or any other thing in favouring or promoting whatever is mentioned in the first Paragraph, if intended to be distributed or made available to third parties, as well as any person, who possesses or acquires any means of printing, recording or dissemination which are used or intended to be used, even if temporarily, in printing, recording or broadcasting any of the aforementioned.
Article 181
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who establishes, sets up, organizes, manages, joins or participates in an assembly, association, organisation, formation, group or gang or any branch thereof, of whatever name or form, intending or seeking through its activity to prejudice the security or interests of the State, shall be sentenced to death or life imprisonment.
Any person who co-operates, in any way, with any of the assemblies, associations, organisations or groupings set forth in the first Paragraph of this Article or who provides them with financial or material aids with his knowledge of its objectives shall be sentenced to the same penalty.
Article 181 (bis)
The text of a new Article was added under no. 181 (bis), by virtue of Article 2 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who establishes, sets up, organises or manages in the State without a licence from competent authorities a place for worship or religious education shall be sentenced to temporary imprisonment and to a fine of not less than two hundred thousand dirhams or either one of these two penalties.
If any of the acts mentioned in the first Paragraph causes damage to the national unity, civil peace or inflict damage to the public interest, such a matter shall be considered to be an aggravating circumstance.
The text of a new Article was added under no. 181 (bis) (2), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, as follows:
Article 181 (bis) (2)
Any person who establishes, sets up, organizes or manages in the State, an assembly, association or organisation or any branch thereof of any kind, or if the activities of the same aim to achieve unlawful objectives, shall be sentenced to temporary imprisonment and to a fine of not less than two hundred thousand dirhams.
If the licence is issued on basis of false information, then the punishment shall be temporary imprisonment for no less than five years and a fine of not less than three hundred thousand dirhams.
Any person, who joins or participates in an assembly, association or organisation or any branch of those mentioned in the first Paragraph of this Article, knowing of its unlawful objective or that it is not licensed, shall be sentenced to temporary imprisonment and to a fine of not less than two hundred thousand dirhams.
Any person who co-operates with an assembly, association or organisation or any branch of those mentioned in the first Paragraph of this Article, knowing of its unlawful objective or that it is not licensed, shall be sentenced to imprisonment for no more than ten years.
Article 182
The text of Article 182 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
In the cases indicated in Articles 180, 180 (bis), 181 and 181 (bis) of the present Law, the court shall order the dissolution of assemblies, associations, groups, branches or places mentioned therein in addition to the closure of their locations.
In all instances, the court shall order the confiscation of money, luggage, documents, tools and other issues used in the commission of the crime or found in the places allocated for the meetings of such assemblies, associations, groupings, branches or places.
In addition, the court shall order the confiscation of any property that is apparently included within the belongings of the convict, should there are sufficient presumptions or evidence that such property is in fact a revenue to be spent on said assemblies, associations, groupings, branches or places.
Article 182 (bis) (1)
The text of a new Article was added under no. 182 (bis) (1), by virtue of Article 2 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who uses religion to promote, by speech, writing or any other means, ideas that tend towards insurrection or against the national unity or the civil peace shall be sentenced to imprisonment for no less than ten years.
Article 182 (bis) (2)
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
Article 183
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who assumes the leadership of any squad or division of the army, police or part of a fleet, vessel, aircraft, military or police point, port or city unlawfully or without a government assignment shall be sentenced to life imprisonment.
Shall be subject to the same penalty whoever maintains, contrary to the order issued by the Government, a military or security command of whatever, and any commander of a military or security force who keeps his soldiers assembled, after an order is issued by the Government for their demobilisation.
Article 184
The text of Article 184 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who has the authority to command the individuals of the armed forces, the Ministry of Interior or security bodies, and requests or assigns these individuals to act to invalidate the orders of the Government with a criminal purpose, shall be sentenced to life imprisonment.
If the crime results in invalidation of the orders of the Government, such commander shall be sentenced to death. Lower-rank officers or leaders who obeyed the orders knowing of his criminal intention, shall be sentenced to imprisonment for no less than fifteen years and no more than twenty-five years.
Article 185
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who incites any member of the armed forces, police officers or security bodies to the disobedience or renunciation of their military, security or police duties, shall be sentenced to life or temporary imprisonment.
Article 186 -
Shall be sentenced to death or life imprisonment, whoever forms a gang that assaulted a group of inhabitants or offered armed resistance to the public authority officers in order to prevent the implementation of laws, as well as whoever was a leader of such a gang or has occupied a leading position in it.
As for who joined the gang but did not participate in its formation and did not occupy any leading position in it, he shall be sentenced to life or term imprisonment.
Article 187
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who assumes the leadership role of an armed gang or takes command, manages or organises such gang, aiming to engage in acts involving usurpation or robbery of lands or property owned by the State or a group of people, or offering resistance to the military force assigned to follow persons engaged in such crimes, shall be sentenced to death or life imprisonment. Other persons involved in this gang shall be sentenced to life or temporary imprisonment.
Article 188 -
Shall be sentenced to life or term imprisonment whoever knowingly provides or gives the gang referred to in the preceding Article weapons, equipment or tools that it can use to reach its purposes; provides supplies or raise funds to the said gang or enters into criminal communication of all sort with its leaders or directors; as well as provides dwellings or shelters to take refuge or hold their meetings, with knowledge of their purposes and identity.
Article 189 -
Shall be sentenced to life or term imprisonment, whoever attempts by force to occupy one of the public buildings or a building reserved for the use of the government or one of the entities mentioned in Article 5.
Should the crime be perpetrated by an armed gang, shall be sentenced to death or life imprisonment whoever formed the gang as well as its leader or one who occupies any commanding position in it.
Article 190
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who intentionally destroys public buildings or property or those allocated for government departments or to any of the entities mentioned in Article 5, shall be punished by a jail sentence.
If the crime results in impairment of a public facility or activities of public interest, or if it creates hazard to the life, health or safety of people, then the punishment shall be remand for no more than five years.
A penalty of life imprisonment shall apply if the crime is committed in time of revolt or insurrection or intended to spread fear among people or to create chaos.
Article 191 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
Article 192 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
Article 193 -
Shall be sentenced to life or term imprisonment, whoever manufactures or imports explosives without obtaining a licence therefor.
Shall be sentenced to term imprisonment, whoever possesses or obtains explosives without licence.
Shall be considered as explosive, any of its components as determined by regulation issued by the competent minister, as well as all apparatus, machinery and material used in the manufacture or explosion thereof.
Article 194 -
Shall be sentenced to death, whoever uses explosives in the perpetration of one of the crimes provided for in Articles 189 and 190.
Article 195 -
Shall be sentenced to term imprisonment, whoever deliberately uses or is about to use explosives that endangers the life of the people.
Article 196
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who intentionally uses, imports or attempts to use or import weapons, ammunition, explosives, or military ordnance, that may create hazard to the property of third parties shall be sentenced to imprisonment for no less than five years.
If the explosion causes a severe damage to these property, such a matter shall be considered to be an aggravating circumstance.
Article 196 (bis) (1)
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
Article 196 (bis) (2)
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
Article 197
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who incites another to disobey laws or tends towards an act that is considered to be a crime, shall be punished by a jail sentence and a fine of not less than one hundred thousand dirhams and not more than five hundred thousand dirhams.
Article 197 (bis) (1)
The text of a new Article was added under no. 197 (bis) (1) by virtue of Article 2 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who becomes a part of a crowd to prevent or obstruct the application of laws and regulations, where such matter may create hazard to the peace or public security, shall be sentenced to temporary imprisonment and to a fine not less than two hundred thousand dirhams.
If the purpose of taking part in a crowd is to commit a crime, the penalty shall be imprisonment for no less than five years.
The penalty shall be imprisonment for no less than ten years, in case one person or more forming a part of the crowd are carrying firearms, whether visible or concealed, even if they are authorised.
Article 197 (bis) (2)
The text of a new Article was added under no. 197 (bis) (2) by virtue of Article 2 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who uses any means of telecommunication or information technology means or any other method to publish information or news or who incites for acts that may inflict damage to the security of the State or prejudice the public order, shall be sentenced to temporary imprisonment.
Article 198
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who incites hatred against a class of people or contempt, where such incitement shall disturb the public security, shall be sentenced to temporary imprisonment and to a fine not less than two hundred thousand dirhams, and no more than five hundred thousand dirhams.
Article 198 (bis)
The text of a new Article was added under no. 198 (bis) by virtue of Article 2 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who intentionally disseminates false or malicious news, statements or rumours or disruptive propaganda intending to prejudice the public security, or to spread fear among people or to inflict damage to public interest, shall be punished by a jail sentence for no less than one year.
Shall be sentenced to the same penalty, any person who possesses or acquires, in person or through an intermediary, documents, publications, recordings of whatever kind including any of those mentioned in the first Paragraph, that are intended to be distributed or to be made available to third parties, as well as any person, who possesses or acquires any means of printing, recording or dissemination which are used or intended to be used, even if temporarily, for printing, recording or broadcasting any of the aforementioned.
If the criminal is a member of the armed forces, the Ministry of Interior or security bodies, or if the acts set forth in the preceding two Paragraphs were committed in places of worship or locations allocated for the armed forces, the Ministry of Interior or security bodies, then the penalty shall be temporary imprisonment.
Article 199 -
The court shall render a death sentence in any felony provided for in this Chapter should it be perpetrated in time of war with a view to assisting the enemy or prejudicing war operations of the armed forces should it attain its pursued objective.
Article 200 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
Article 201 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
The text of a new Article was added under number 201 (bis) (1), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, as follows:
Article 201 (bis) (1)
Any person who issues a Fatwa that may prejudice the public order or endangers the life, safety, security or freedom of a human being, shall be punished by a jail sentence for no less than one year and a fine.
The punishment shall be temporary imprisonment if the Fatwa results in a hazard of any type.
The text of a new Article was added under number 201 (bis) (2), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, as follows:
Article 201 (bis) (2)
Any citizen who participates, without an authorisation from competent authorities, in an international or non-international armed conflict shall be sentenced to life or temporary imprisonment.
Any person who incites, calls for, promotes or facilitates, without an authorisation from competent authorities, participation in an international or non-international armed conflict shall be sentenced to temporary imprisonment.
The text of a new Article was added under number 201 (bis) (3), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, as follows:
Article 201 (bis) (3)
Any citizen who violates the prohibition issued by competent authorities of the State as to entering or remaining in another country, shall be punished by a jail sentence and a fine or by either one of these two penalties.
The text of a new Article was added under number 201 (bis) (4), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, as follows:
Article 201 (bis) (4)
Any person who announces, by any means of publicity, his hostility to the State or to the ruling regime or his non-loyalty to the leaders shall be sentenced to temporary imprisonment.
A new chapter was added to this Chapter under no. Chapter 2 (bis) under the title “General Provisions on Crimes against Foreign and Internal Security of the State” by virtue of Article 3 of Federal Decree Law No. 7/2016 dated 18/09/2016, as follows:
Chapter 2 (bis)
General Provisions on Crimes against Foreign and Internal Security of the State
Article 201 (bis) (5)
The provisions of this Chapter shall apply to the crimes set forth in Chapters (1) and (2) of Title (1) of Book (2) of the present Law, and to the crimes against foreign and internal security of the State set forth in other laws.
Article 201 (bis) (6)
The provisions of Articles (96), (97) and (98) of the present Law shall not apply upon conviction in any Offence against the internal and external security of the state security of the state, except for felonies punished by death or life imprisonment, where death penalty may be reduced to life imprisonment, and life imprisonment may be reduced to temporary imprisonment for no less than ten years.
Article 201 (bis) (7)
Every conviction in a Offence against the internal and external security of the state security of the State requires that the foreigner convict be expelled from the State after the punishment rendered is served.
Article 201 (bis) (8)
1- A criminal lawsuit in crimes against the foreign or internal security of the State shall not be terminated by lapse of time limitation.
2- The punishment imposed in crimes against the foreign or internal security of the State shall not be extinguished except with complete enforcement or by general amnesty or special pardon.
3- Custodial punishments rendered by judgment in a Offence against the internal and external security of the state security of the State shall not be subject to early release set forth in the Penal Institutions Law in effect or in any other legislation.
Article 201 (bis) (9)
The text of Article 201 (bis) (9) was replaced by virtue of Article 1 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
As an exception of the provisions of Article 201 (bis) (6), the court shall, at the request of the public prosecutor or spontaneously, reduce the punishment, or replace it with a fine of not less than one hundred thousand Dirhams and not exceeding ten million Dirhams, or exempt from such punishment, for criminals who have reported to judicial or administrative authorities, information relating to any Offence against the internal and external security of the State or the crimes against the security of the State stipulated in other penal laws , when such matter has resulted in discovery of the crime or perpetrators, or in proving such crime or the apprehension of any perpetrator thereof.
The public prosecutor only shall have the right to request from the court, examining the lawsuit, to implement the provision of the preceding Paragraph in other than the cases stipulated therein, if such request is related to the supreme interest of the State or any other national interest. If a judgment is issued in the lawsuit, then the request may be submitted to the court which has issued said judgment prior or during the enforcement.
Article 201 (bis) (10)
If a person has committed more than one Offence against the internal and external security of the state security of the State, before he has been sentenced in one of them, and where the requirements set forth in the two Articles (87) and (88) of the present Law for these crime are not met, he shall be sentenced to the penalty prescribed for each of them, and all penalties imposed thereof shall be served consecutively, provided that total periods of imprisonment only, or the total combined periods of imprisonment and jail sentence shall not exceed forty years, and that in all cases, the periods of detention shall not exceed twenty years.
In case where there are several punishments, the penalty of temporary imprisonment shall be served than the jail sentence.
Article 201 (bis) (11)
The life sentence imposed in any offence against the internal or external security of the State shall cancel temporary imprisonment and jail sentence
Article 201 (bis) (12)
Shall be punished as an accomplice in the crimes against the foreign or internal security of the State, any person:
1- Who, having knowledge of the intentions of the criminal, offers him assistance, means of living, residence, shelter or a meeting place or other facilities, and who carry his letters or facilitates the search of the subject matter of the crime, or in hiding him away, transporting or notifying him.
2- Who knowingly hides things that were used or intended to be used in the commission of the crime or obtained from such crime.
3- Who intentionally destroys, embezzles, hides or changes a document which would facilitate the discovery of the crime or any evidence thereof or the punishment of its perpetrator.
In the preceding cases, the court may exempt from punishment the relatives and in-laws of the criminal up to the fourth degree, if they are not penalised by any other provision of the Law.
Article 201 (bis) (13)
Any person who participates in a criminal conspiracy whether for the purpose of committing any of the crimes against the foreign or internal security of the State or using it as a method to reach the desired objective of such criminal conspiracy shall be sentenced to temporary imprisonment for no less than ten years.
Any person who takes part in managing such conspiracy shall be sentenced to life imprisonment.
Any person who induces another to join such conspiracy, even if such inducement is not accepted, shall be sentenced to temporary imprisonment.
However, if the purpose of such conspiracy is to commit one specific crime or use it as means to reach the desired objective, where the punishment for any attempt to commit such crime is lesser that that specified in the preceding Paragraphs, then no penalty shall be imposed if it is more severe than the penalty prescribed for such attempt.
Any perpetrator who reports to the competent authorities before the commission of such crime such conspiracy or participants therein, shall be exempt from the punishments specified in the first three Paragraphs.
Article 201 (bis) (14)
Any person who incites for the commission of any of the crimes against the foreign or internal security of the State, shall be sentenced to the punishment prescribed for any attempt to commit the crime in question if the abetment has not given any effect.
Article 201 (bis) (15)
Any person who becomes aware of the commission of any of the crimes against the foreign or internal security of the State, yet fails to notify the competent authorities shall be sentenced to the punishment prescribed for the attempt to commit such crime.
If the person who fails to report such crime is the spouse of the perpetrator, or any of his relatives or in-laws up to the fourth degree, then he may be exempt from punishment.
CHAPTER 3
CRIMES AFFECTING THE NATIONAL ECONOMY
Article 202 -
Shall be sentenced to term imprisonment, whoever destroys, through any means, a factory, any of its appurtenances or utilities, raw materials warehouses, consumable products or goods or any other fixed or movable property made ready for the execution of the development plan.
Article 203
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who incites, by any means of publicity, the withdrawal of funds deposited in banks or public funds or the sale of State securities and other government bonds or to abstain from purchasing the same, shall be punished by jail sentence for no less than one year.
CHAPTER 4
FORGING CURRENCY OR GOVERNMENT SECURITIES
Article 204
The text of this Article was replaced, by virtue of Article 1 of Federal Decree Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who forges, counterfeits or falsifies in any way, either in person or through an intermediary, a banknote or coin in circulation in the State or in any other county, or a government security, shall be sentenced to life or temporary imprisonment and to a fine not less than two hundred thousand dirhams.
Counterfeiting of coins includes any reducing in the metal thereof or by coating with a dye in a way which makes it similar to other higher value currency.
A coin currency shall be considered falsified if any of its metal is diminished or if it has been coated with paint so as to make it similar to another more valuable currency.
Article 205 -
The same penalty mentioned in the preceding Article shall apply to whoever, in person or through an intermediary, brings in the State or takes out from it a currency or a security, mentioned in the preceding Article, whenever it is counterfeited or forged; as well as whoever promotes, deals or possesses any of these for the purpose of promotion or dealing, being aware of the counterfeiting, falsification or forgery.
Article 206 -
Should the crimes provided for in the two preceding Articles result in a devaluation in price of the national currency or the government securities, or in shaking financial confidence in the local or foreign markets, the penalty shall be life imprisonment.
Article 207
The text of this Article was replaced, by virtue of Article 1 of Federal Decree Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who knowingly circulates, recirculate or brings into the country, annulled banknotes or coins, shall be punished by jail sentence for no more than one year and a fine of not more than fifty thousand dirhams.
Article 208
The text of this Article was replaced, by virtue of Article 1 of Federal Decree Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who with good intention, accepts forged or counterfeit banknote or coin or Government security and then engages in trading the same after knowing of such forgery, counterfeit or falsification, shall be punished by jail sentence for no more than one year and a fine of not more than fifty thousand dirhams.
Any person, who refrains from taking the national currency in its face value as specified by Law, shall be punished by jail sentence for no more than one year and a fine of not more than five thousand dirhams.
Article 209
The text of this Article was replaced, by virtue of Article 1 of Federal Decree Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who manufactures machines, tools or the like provided for the forgery, counterfeiting or falsification of whatever is mentioned in Article 204, or who obtains the same intending to use it for such purpose, shall be sentenced to temporary imprisonment.
Any person, who acquires such machines, tools or things knowing of their purpose shall be punished by jail sentence.
Article 210 -
Any offender taking the initiative to inform the judicial or administrative authorities, before utilizing the counterfeited, falsified or forged currency or bond and prior to the detection of the crime, shall be exempted from the penalty. In case the reporting takes place subsequent to the detection of the crime, the court may exempt him from the penalty if the reporting leads to the arrest of the other culprits.
CHAPTER 5
FORGERY
SECTION 1
FORGERY AND COUNTERFEITING OF SEALS, MARKS AND STAMPS
Article 211
The text of Article 211 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who counterfeits or forges, either by himself or through another person, the seal of the State or the stamp or signature of the president of the State, or of the rulers of the Emirates, their crown princes and deputies, or any of the seals, post or revenue stamps or marks of the Government, its circuits or departments or any of the authorities mentioned in Article 5 of the present Law, or the seal, signature or marks of any of its officials thereof or the hallmark on gold, silver or other precious metals, shall be sentenced to temporary imprisonment for no less than five years.
Any person, who uses or brings into the country any of the abovementioned knowing of the forgery or counterfeiting, shall be subject to the same penalty.
Article 212 -
As amended by Federal Law no. 34 dated 24/12/2005:
In case the seals, postal or fiscal stamps or marks constituting the corpus delicti in the crimes stated in the preceding article concerns a juristic person, other than those mentioned therein, the penalty shall be jail sentence.
Article 213
The text of Article 213 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who unlawfully uses the seal of the State or the stamp of the president of the State, or rulers of the Emirates, their crown princes and deputies, or the seals, post or revenue stamps or marks of the Government, its circuits or departments or any of the authorities mentioned in Article 5 of the Present Law, or the seal of any of its officials, where such matter shall cause damage to a public or private interest, shall be sentenced to temporary imprisonment.
Article 214
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who forges or counterfeits metal plates or other marks issued by Government departments in implementation of laws, regulations or rules, shall be punished by jail sentence for no more than one year or by a fine.
Any person who uses the same knowing of the forgery or counterfeiting as well as any unlawful usage of a valid plate or mark mentioned above shall be subject to the same penalty.
Article 215 -
As amended by Federal Law no. 34dated 24/12/2005:
Shall be subject to a jail sentence for a term not exceeding one year or to a fine not in excess of ten thousand Dirhams, whoever manufactures, distributes or offers for sale printed materials or samples, regardless of their manufacturing mode, that resembles in appearance the government marks, postal or fiscal stamps, those concerning wire or wireless communications or those issued by countries forming part of the International Postal Union. International postal answering coupons shall be considered of the same nature as the mentioned marks and stamps.
SECTION 2
FORGERY OF WRITTEN INSTRUMENTS
Article 216
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Forgery of a document consists of any alteration of the truth, by any of the following methods, that is liable to cause harm with the intention to use it as a genuine document.
Shall be considered as methods of forgery:
1- Alteration of a document, whether by deleting or changing the words, numbers, marks, or pictures included in or on such document.
2- Creation of a false signature or seal or by altering a genuine signature, seal or fingerprint.
3- Taking by surprise or by fraud the signature, seal or fingerprint of a person on a document without being aware of its content or without valid consent thereof.
4- Creation or counterfeiting of a document and ascribing it to another person.
5- Filling in a blank document containing a signature, a seal or a fingerprint without the consent of the owner of such signature, seal or fingerprint.
6- Assuming or replacing the identity of another in a document designated for such purpose.
7- Alteration of the truth of a document immediately upon its preparation.
Article 217 -
Unless otherwise provided, forging an official written instrument shall be sanctioned by imprisonment for a term not exceeding ten years and the penalty as concerns forging an informal instrument shall be jail sentence.
Article 217 (bis)
The text of a new Article was added under no. 217 (bis), by virtue of Article 2 of the Federal Law 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who forges a copy of an official document where such copy is used, or who uses a copy of an official document knowing of the forgery, shall be sentenced to imprisonment for no more than five years. If the copy is for an unofficial document, the punishment shall be jail sentence.
Article 218 -
An official written instrument is the one which is written by a public official who, by virtue of his position is charged with the writing thereof or interfering in its writing in any form or to give it the official character.
Other written instruments are considered informal.
Article 219 -
Shall be sentenced to imprisonment for a period not exceeding five years, every physician or midwife knowingly issuing a forged certificate or statement concerning pregnancy, delivery, disability, death or other matters related to his profession, regardless of the fact whether this act is the result of a wish, recommendation or intermediation.
Article 220 -
Shall be subject to a jail sentence for a term not exceeding two years or to fine not in excess of ten thousand Dirhams, whoever reports, during the process of verifying death, inheritance, will prescribed by law, to the authority in charge of issuing notifications, false representations of the facts intended to be established, ignoring their truth or knowing that they are untrue, should the notification be recorded on basis of these statements
Article 221
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who gives false information of his identity in a judicial or administrative investigation shall be punished by jail sentence for no more than two years or a fine of not more than fifty thousand dirhams.
The same punishment shall apply to any person who gives false personal information to a public servant during or in the course of fulfilment of his duty.
Article 222
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who uses forgeries having knowledge of such fact, shall be subject to the statutory penalty for forgery, as the case may be. The same penalty shall apply to any person who uses a true document or his photograph in the name of another person or who unlawfully benefits of the same.
Article 223 -
The provisions of this Section shall not apply to the cases of forgery provided for in special punitive laws.
CHAPTER 6
EMBEZZLEMENT AND DAMAGE TO PUBLIC PROPERTY
Article 224
The text of Article 224 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Every public servant or a person entrusted with a public service who embezzles money, papers or other issues that are in his possession by reason of his office or assignment shall be sentenced to temporary imprisonment.
If the crime is associated with or connected to the crime of forgery or use of forged document or a forged copy of an official document by an inseparable connection, the punishment shall be imprisonment for no less than five years.
Article 225
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Every public servant or a person entrusted with a public service who abuses the power of his office and unlawfully seizes money, papers or other issues belonging to the State or to one of the authorities mentioned in Article 5 or who facilitates such matter for another person shall be sentenced to temporary imprisonment.
The text of a new Paragraph was added by virtue of Article 2 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
If the crime is associated with or connected to the crime of forgery or use of forged document or a forged copy of an official document by an inseparable connection, the punishment shall be imprisonment for no less than five years.
The text of a new Article was added under no. 225 (bis), by virtue of Article 2 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Article 225 (bis)
The text of Article 225 (bis) was replaced by virtue of Article 1 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
Any public servant who unlawfully obtains or attempts to obtain, either for himself or for another person, a profit or benefit from any activity included in his duty shall be sentenced to temporary imprisonment.
Article 226 -
Shall be sentenced to imprisonment for a minimum term of five years, every public servant or person in charge of a public service, concerned with the collection of taxes, fees, fines or other similar dues, and knowingly asks payment of the undue or of what is over and above the due sum.
Article 227
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Every public servant or a person entrusted with a public service who intentionally damages the funds or interests of the employing party or the funds or interests of a third party assigned to said employing party shall be sentenced to temporary imprisonment.
Any public servant or a person entrusted with a public service who, due to his fault, inflicts damage to the funds or interests of his employing party or to the funds or interests of a third party assigned to said employing party shall be punished by a jail sentence and a fine of not more than ten thousand dirhams or by either one of these two penalties.
Article 228 -
Shall be sentenced to term imprisonment, every public servant or person in charge of a public service concerned with the preparation, management or execution of contracting works, supplies, public works or contracts related to the State or any of the entities mentioned in Article 5, having drawn benefit, directly or through an intermediary, from any of the mentioned works or obtained for himself or for others a commission on any matter pertaining thereto.
Article 229 -
Shall be sentenced to imprisonment for a term not exceeding five years, whoever deliberately perpetrates a fraud in the execution of all or any of the obligations imposed upon him in a contracting agreement, or contract of supplies or any other administrative contract with the government or with any of the entities mentioned in Article 5. The penalty shall be term imprisonment should the crime result in a severe damage or should the objective of the contract be the satisfaction of the defence and security requirements, in case the perpetrator has knowledge of this objective.
Shall be sanctioned to any of the two above penalties, as the case may be, subcontractors, agents, intermediaries should the fraud be imputed to their act.
Article 230
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
In addition to the penalties prescribed for the crimes mentioned in this Chapter, the criminal shall be ordered to restitution and to a fine equal to the amount of property, that is the subject of the crime, or obtained from such crime, of not less than five thousand dirhams.
The text of a new Article was added under no. 230 (bis), by virtue of Article 2 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Article 230 (bis)
The provisions of this Law shall apply to any person who commits, outside the country, any of the crimes set forth in the present Chapter, and in Chapter (1) of Title (2) of Book (2) of this Law, if the criminal or the victim is a citizen of the State, or if such crime is committed by an employee in the public or private sector of the State, or involving public property.
CHAPTER 7
STRIKE AND OBSTRUCTION OF WORK PROGRESS
Article 231
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
If at least three public servants resign or intentionally abstain from fulfilment of any of their duties, upon an agreement or aiming at achieving an unlawful purpose, each one of them shall be punished by a jail sentence for no less than six months and up to no more than one year.
The penalty shall be jail sentence in case the resignation or abstention will create hazard to the life, health or security of people, or may create chaos or insurrection among people, or if it hinders another public interest, or in case the criminal is an abettor.
In all cases the court shall order that foreigner must be expelled.
Article 232 -
Shall be subject to a jail sentence, whoever violates the right of public servants to work through use of force, threat or any illicit means.
Article 233 -
Shall be subject to a jail sentence or to a fine, whoever, among the contractors or persons entrusted with the administration of a public utility, shall unjustifiably stop working thus causing disruption of dispensing a public service or its irregular functioning.
TITLE 2
CRIMES RELATING TO PUBLIC SERVICE
CHAPTER 1
BRIBERY
Article 234
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, then it was replaced by virtue of Article 1 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
Any public servant or a person entrusted with a public service, a foreign public servant or an employee of an international organisation who requests, accepts, or takes, whether directly or indirectly, a gift, benefit or other grant that is not due, or promises of the same, and whether to the benefit of the employee himself or for another person, entity or establishment, in order for such employee to commit or omit an act included in his duties, or not to comply with the obligations of his office, even if he has intended not to commit or omit such act, or not to comply with the obligations of his office, or if the request, acceptance or obtainment is made after the fulfilment or omission of such act, or the failure to comply with the obligations of his office, shall be sentenced to temporary imprisonment.
Article 235 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and then the text of a new Article was added by virtue of Article 2 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
Any public servant or a person entrusted with a public service, or a foreign public servant or an employee of an international organisation who requests, accepts, or takes, whether directly or indirectly, a gift, benefit or other grant that is not due, and whether to the benefit of the employee himself or for another person, entity or establishment, in order for such employee to commit or omit an act mistakenly assumed or presumed to be included in his duties, shall be sentenced to temporary imprisonment.
Article 236 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and then the text of a new Article was added by virtue of Article 2 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
In applying the provisions of Articles 234 and 237 of the present Law, the arbitrators, experts and investigators shall be deemed same as the public employee to the limits of the duty assigned to them.
Article 236 (bis)
The text of a new Article was added under no. 236 (bis), by virtue of Article 2 of the Federal Law 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who administers an entity or establishment that pertains to the public sector, or is employed by either one of whatever capacity, who requests, accepts, either directly or indirectly, a gift, benefit or a grant that is not due, or is promised of the same, and, whether to the benefit of himself or another person, in order for such person to commit or omit an act that is included in his duties, even if he has intended not to fulfil or omit such act, or if the request, offer or promise is made after the fulfilment or omission of such act, shall be sentenced to imprisonment for no more than five years.
The text of a new Article was added under no. 236 (bis) (2), by virtue of Article 2 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Article 236 (bis) (2)
Any person who promises another person managing an entity or establishment of the private sector, or who is employed by him of any capacity, with a gift, benefit or grant that is not due, or who offers or grants the same, either directly or indirectly, whether to the benefit of the person himself or for another person, in order for that person to perform or to omit an act that is included in his duties or constitutes a violation thereof, shall be sentenced to imprisonment for no more than five years.
Article 237
The text of Article 237 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005, it was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, then it was replaced by virtue of Article 1 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
Any person who promises, offers or gives a public servant or a person entrusted with a public service, or a foreign public servant or an employee of an international organisation, a gift, benefit or grant that is not due, either directly or indirectly, and whether to the benefit of the employee himself or for another person or entity, in order for such employee to commit or omit an act included in his duties against the obligations of his office, shall be sentenced to imprisonment for no more than five years.
Article 237 (bis)
The text of a new Article was added under no. 237 (bis), by virtue of Article 2 of the Federal Law 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who promises, offers, grants or gives, either directly or indirectly, a public servant or any other person, a gift, benefit or grant that is not due, to abet that public officer or person to abuse his power, whether actual or presumed, in order to obtain, from a public department of authority, an unlawful benefit for the benefit of the original abettor of such act or for the benefit of any other person.
Any public servant or any other person who requests or accepts a benefit, gift or grant that is not due, whether for himself or for another person, either directly or indirectly, so as such public servant or person abuse his power, whether actual or presumed, in order to obtain, from a public department or authority, that unlawful benefit.
The text of a new Article was added under no. 237 (bis) (2), by virtue of Article 2 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Article 237 (bis) (2)
An intermediary between the briber and a bribe-taker to offer, request, accept, take a briber or any promise thereof shall be sentenced to imprisonment for no more than five years.
Article 238
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
In all the cases indicated in the preceding articles of the present Chapter, the criminal shall be sentenced to a fine equal to what is requested, offered or accepted, but no less than five thousand dirhams.
Confiscation of the gift accepted by or offered to a public servant or person entrusted with a public service shall be ordered.
Article 239 -
As amended by Federal Law no. 34 dated 24/12/2005:
The briber or intermediary taking the initiative to report the crime to the judicial or administrative authorities, before it is discovered, shall be exempted from the penalty.
The text of a new Article was added under no. 239 (bis) (1), by virtue of Article 2 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Article 239 (bis) (1)
The provisions of the present Law shall apply to any person who commits, outside the country, any of the crimes set forth in the present Chapter, if the criminal or the victim is a citizen of the State, or if such crime is committed by an employee of the public or private sector of the State, or involving public property.
The text of a new Article was added under no. 239 (bis) (2), by virtue of Article 2 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Article 239 (bis) (2)
A criminal lawsuit shall not be terminated by lapse of time limitation in any of the crimes set forth in this Chapter, and the punishment imposed shall not be extinguished. Moreover, civil actions either arising or related thereto shall not be terminated by the lapse of time limitation.
CHAPTER 2
ABUSE OF OFFICE AND MISUSE OF AUTHORITY
Article 240 -
Shall be sentenced to a jail sentence, every public servant or person in charge of a public service arresting a person, detaining or confining a person in cases other than those provided for by Law.
Article 241
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any public servant or person entrusted with a public service who searches a person, a house or establishment in other than the cases prescribed by Law or contrary to the rules indicated in such Law, with his knowledge of such fact, shall be subject to a jail sentence.
Article 242 -
Shall be sentenced to term imprisonment, every public servant using, in person or through others, torture, force or threat with the accused, a witness or an expert in order to have him confess a crime, make a statement or give information concerning it or to withhold any relevant matter.
Article 243 -
Shall be sentenced to imprisonment for a term not exceeding five years, every public servant who sentences the condemned or orders that he be sentenced to a penalty more severe than that adjudged or to a penalty to which he has not been sentenced.
Article 244 -
Shall be subject to a jail sentence for a term of not less than one year and not more of five years, every public servant concerned with the administration or superintendence of a penitential establishment or any other establishment or institution made ready to execute the penal or social defence measures should he accept to detain a person therein without an order from the competent authority or to maintain his detention after the period specified in the order or abstains from implementing the order by setting him free.
Article 245 -
Shall be subject to a jail sentence for a minimum term of one year and/or to a minimum fine of ten thousands Dirham, every public servant, or person in charge of a public service, using force on a person, basing himself on the power granted to him by virtue of his office, dishonouring or causing him bodily pain.
Article 246 -
Shall be subject to a jail sentence, every public servant exploiting the power of his office to stop or delay implementation of the laws, regulations, rules, decisions or orders issued by the government or any judgment or decision rendered by a competent judicial body or delay collecting funds, taxes or dues in favour of the government.
Article 247
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any employee of postal, telegraph and telephone authorities who opens, destroys or hides away a letter, telegram, or information that were deposited or handed over to said authorities, or who facilitates such a matter to another person, or who discloses the content of such letter, telegram or telephone call, shall be punished by jail sentence.
The text of a new Article was added under no. 247 (bis), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, to read as follows:
Article 247 (bis)
Any public servant or a person entrusted with a public service in other than the preceding Article, who unlawfully gives, destroys, hides away or facilitates to another, data or information that came to his knowledge of or that he has extracted by reason of his office shall be sentenced to temporary imprisonment.
CHAPTER 3
ASSAULT ON EMPLOYEES
Article 248
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who uses force, violence or threat against a public servant or a person entrusted with a public service, to unlawfully compel him to perform or omit any of his duties, even if his objective was not reached, shall be punished by jail sentence for no less than six months. If such person reaches his objective, the penalty shall be a jail sentence for no less than one year.
Article 249
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who, by force or violence attacks or offers resistance to a public servant or a person entrusted with a public service, in the course of or by reason of the fulfilment of his duty or service shall be punished by a jail sentence for no less than six months and a fine of not less than fifty thousand dirhams.
If the act is associated with assault or resistance by beating, then the punishment shall be a jail sentence for no less than one year and a fine of not less than fifty thousand dirhams.
If any of the crimes set forth in the present Article is committed with premeditation, or by more than one person, by a person carrying a visible weapon, or if the public officer attacked is any member of the security or police forces, then the punishment shall be temporary imprisonment
CHAPTER 4
UNDUE ASSUMPTION OF OFFICE AND ATTRIBUTES
Article 250 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be subject to a jail sentence for a term not exceeding five years, whoever unduly assumes one of the public functions. The same penalty shall apply to whoever interferes in a public function or service, or performs an of its acts or prerequisites, without having competence or being charged to do so, aiming at achieving an illicit objective or to obtain for himself or for others any kind of advantage.
Article 251
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who publicly and unlawfully wears a uniform or clothing assigned by law to a category of people, or wears a uniform of a higher rank, or who bears a decoration, ribbon, badge or mark of office, or who falsely uses honorary, official, scientific or academic titles officially recognised, or any military rank or a public representative capacity, shall be punished by a jail sentence for no more than one year and a fine of not less than ten thousand dirhams.
This provision shall apply also to the uniform, decoration or whatever mentioned of a foreign country.
Article 252 -
In the instances provided for in the two preceding articles, the court may order the publishing of the judgment, or an excerpt thereof, in the appropriate manner on the convicted part’s expense.
TITLE 3
CRIMES AFFECTING THE JUSTICE PROCESS
CHAPTER 1
FALSE TESTIMONY, PERJURY, ABSTENTION OF TESTIFYING
Article 253 -
Shall be subject to a jail sentence for a minimum period of three months, whoever gives a false testimony before a judicial authority or a competent organisation having jurisdiction to hear witnesses after oath, denies the truth, or keeps silent about all or part of the relevant facts of the case known to him, regardless of whether the witness is admitted to testify or not, and of whether his testimony was accepted or not in such proceedings.
Should he perpetrate such act during the investigation of a felony or trial thereof, he shall be sentenced to term imprisonment. In case the false testimony leads to death sentence or life imprisonment, the author thereof shall be sentenced to the same penalty.
Article 254 -
Shall be exempted from penalty:
a- The witness who gives his testimony during a criminal investigation, if he retracts his false testimony prior to the closing of the investigation and before he is denounced.
b- The witness who gave his testimony in any trial, should he retracts his false testimony prior to any decision, even if not final, in the substance of the case.
Article 255 -
Shall be exempted from penalty:
- The witness who, if he tells the truth, shall be subject to a severe prejudice in his freedom, honour or shall expose to such severe prejudice his spouse, even if divorced, one of his ascendants, descendants, brothers, sisters or in-laws of the same degrees.
- The witness who reveals before the court his name, surname and nickname and who had not to be heard as a witness or if he had to be told that he has the right, if he wishes, to abstain from testifying.
- In the two above instances, if such perjury exposes another person to legal prosecution or to a judgment, the author shall be subject to a jail sentence for a minimum term of six months.
Article 256 -
The sanction shall be halved for the person having instigated the false testimony should the witness undoubtedly expose him or a relative thereof to danger by saying the truth, and such as clarified in the first paragraph of the preceding article.
Article 257
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, then it was replaced by virtue of Article 1 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
Any expert, translator or investigator who is assigned by the judicial authority in a civil or criminal lawsuit, or by the administrative authority, and who knowingly proves an incident against the truth, or gives false interpretation, shall be sentenced to imprisonment for a period not less than one year and not exceeding five (5) years.
If the task assigned to said categories is related to a felony, then the punishment shall be temporary imprisonment.
Said categories shall be banned from being re-assigned to such tasks, and they shall be subject to the provisions of Article 255 of the present Law.
Article 258 -
Shall be sentenced to imprisonment for a term not exceeding five years, ever physician or midwife asking or accepting, for themselves or for others, a grant or privilege of any kind or a promise thereof in return of giving a false testimony as concerns pregnancy, birth, illness, disability or death or if he gives such testimony as a result of a request, recommendation or intercession.
In this case, the provision of paragraph two of Article 253 shall apply.
Article 259
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Without prejudice to the provision of Article 242 of the present Law, any person who uses torture, force or threat against another person, or who offers a gift or a benefit of any kind, or makes a promise of the same to induce another person to conceal a matter or to declare false statements or information or to hide away evidence from a judicial authority, shall be punished by jail sentence and a fine.
Article 260 -
Shall be subject to a jail sentence for a term not exceeding two years and to a fine not in excess of ten thousand Dirhams, any litigant in a civil case forced to give oath or, if reverted to him, has sworn contrary to the truth.
The offender shall be exempted from penalty if he goes back to truth after he has taken the untrue oath and prior to rendering the judgment the case in which oath was taken.
Article 261 -
Shall be subject to a jail sentence for a term not exceeding one year and/or to a fine not in excess of five thousand Dirhams, whoever was asked to testify before one of the judicial bodies and he refused to take oath or to give his testimony unless his refusal was justified.
The offender shall be exempted from the penalty if he retracts his refusal prior to the issue of the judgment on the merits of the case.
CHAPTER 2
PREJUDICIAL INFLUENCE ON THE JUDICIARY
Article 262
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who, by any means of publicity, shows lack of respect for a judge or a member of the public prosecution with respect of or in the course of any lawsuit, shall be punished by jail sentence and a fine or by either one of these two penalties.
Article 263 -
Shall be subject to a jail sentence or to fine, whoever publishes by any publicity media matters intended to influence the judges in charge of deciding a case submitted to them or the members of the pubic prosecution or others from among those in charge of investigation, experts or the witnesses who may be asked to give their testimony in a case or in an investigation. Shall be sentenced to the same penalty, whoever publishes by any means of publicity matters intended to prevent a person from disclosing information to the competent bodies or to influence public opinion for the benefit of the litigants in the case, or the investigation, or against him.
Should the published material be untrue, the offender shall be subject to a jail sentence and a fine.
Article 264
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Shall be punished by a jail sentence of no more than two years or a fine, any person who publishes by any means of publicity:
1- Information about an ongoing investigation on a crime or any of the documents of such investigation where the investigating authority has prohibited any publication thereof.
2- Information on investigations or procedures regarding claims of paternity, marriage, fostering, divorce, alimony, separation, adultery, defamation “Qazf” or disclosure of secrets.
3- The names or pictures of juveniles convicted of crimes.
4- The names or pictures of victims of sexual assaults.
5- The names or pictures of convicts upon whom suspended sentences have been imposed.
6- The deliberations of courts.
7- Information on lawsuits that courts have decided to examine in a closed session or prohibited its publication.
Article 265
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who publishes, maliciously and without integrity, by any means of publicity, the incidents of open court sessions shall be punished by a jail sentence for no more than one year or a fine of not more than ten thousand dirhams.
CHAPTER 3
DELAYING LEGAL PROCESS
Article 266 -
Shall be subject to a jail sentence, whoever, with the intention of misleading justice, changes the condition of persons, places or things, conceals evidence of the crime or submits false information in their respect knowing that they are not true.
Article 267
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who conceals, destroys or takes possession of any document, deed or any other issue which is submitted to the investigating authorities or in a lawsuit in front of a judiciary authority, with the intention to mislead the courts or the investigating authority, shall be punished by jail sentence or a fine.
The same provision shall apply even if the document, deed or thing is left in the hands of the person who has filed it until it is requested.
Article 268 -
Shall be subject to a jail sentence for a term not exceeding six months or to a fine not in excess of five thousand Dirhams, whoever is legally asked to submit a writing or anything else useful to establish a fact submitted to the courts and abstains there from in cases other than those allowed by law.
Article 269 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be subject to a jail sentence for a term not exceeding two years and/or to a fine not in excess of one hundred thousand Dirhams, whoever perpetrates in bad faith an act likely to obstruct the execution proceedings, on a property seized by order of the court, whether by moving or concealing it, disposing thereof, destroying it or changing its features.
The above penalty shall be inflicted even if the act is perpetrated by the owner of the property or its custodian.
Article 270 -
The penalty provided for in the preceding article shall apply on every public servant or person in charge of a public service deliberately and unduly abstains from executing a judgment or order issued by one of the courts within eight days following the official warning to execute served upon him; whenever the execution of the judgment or order falls within his jurisdiction.
Article 271 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be sentenced to imprisonment, whoever conceals the corpse of a person who passed away as a result of an accident and shall be subject to a jail sentence whoever buries the corpse before being authorised to do so by the competent authorities.
Whoever buries the body of a person having died a natural death without a permit from the pertinent authorities shall be subject to a jail sentence for a period not exceeding three months or to a fine.
CHAPTER 4
ABSTENTION FROM REPORTING A CRIME
Article 272
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any public servant who is entrusted with investigating or detection of crimes yet neglects or has postponed reporting such crime which came to his knowledge shall be punished by jail sentence or a fine.
Any employee who is not entrusted with investigating or detection of crimes yet neglects or has postponed reporting such crime, to the competent authority, and which came to his knowledge in the course or by reason of his office, shall be punished by jail sentence for no more than one year or a fine.
No punishment shall apply if the lawsuit in the two cases set forth in the preceding two Paragraphs is conditional upon a complaint.
An employee who is the spouse of the perpetrator of the crime, or any of his ascendants, descendants, sisters or brothers, or whoever is deemed the like by reason of affinity, may be exempt from the punishment set forth in the second Paragraph of the present Article.
Article 273 -
Shall be subject to a jail sentence for a term not exceeding one year and/or to a fine not in excess of twenty thousand Dirhams, whoever, during the practice of his medical or health profession, examines a corpse or gives medical assistance to a severely injured person showing signs that his death or injury is due to a crime or if it is revealed from other circumstances that there is a reason to suspect the cause of death or injury and fails to report this to the authorities.
Article 274
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who has knowledge of a crime, yet fails to report such matter to competent authorities shall be punished by jail sentence for no more than one year or a fine.
If the person who fails to report such crime is the spouse of the perpetrator of the crime, or any of his ascendants, descendants, sisters or brothers, or whoever is deemed the like by reason of affinity, may be exempt from this punishment.
CHAPTER 5
FALSE REPORTING
Article 275
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who reports to judicial or administrative authorities of accidents or hazards which do not exist at such time or of a crime knowing that is not committed, shall be punished by a jail sentence for no more than six months and a fine or by either one of these two penalties.
Article 276 -
Shall be subject to a jail sentence and/or to a fine, whoever falsely and with bad faith makes a false report to the judicial or administrative authorities that a person committed something which deserves a criminal penalty or an administrative sanction even if it did not entail filing a criminal or disciplinary action, as well as whoever fabricated false material evidence that a person has perpetrated a crime, or caused taking legal measures against a person knowing that he is innocent.
The penalty shall be a jail sentence and fine should the fake crime be a felony. In case the false accusation result in inflicting a felony penalty, the slanderer shall be sanctioned to the same adjudged penalty.
CHAPTER 6
UNSEALING AND TAMPERING WITH PRESERVED ITEMS
Article 277 -
Shall be subject to a jail sentence for a period not exceeding one year and/or to a fine not in excess of ten thousand Dirham, whoever break off or destroys one of the seals put by order of the judicial or administrative authority on the premises, papers or anything else, or if by any means deviated from the purpose for which the seal was put.
The penalty shall be a jail sentence should the culprit be the custodian.
In case the culprit used in the perpetration of the crime acts of violence on persons, this shall be considered an aggravating circumstance.
Article 278 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be subject to a jail sentence for a period not exceeding five years, whoever tears out, destroys or unduly appropriated papers, documents or other things deposited pursuant to a judgment, court or administrative order in places designed for their custody, or handed over to a person in charge of their preservation. Penalty shall be term imprisonment should the culprit be the custodian or the person in charge of preserving such things.
In case the culprit uses, in the perpetration of the crime, acts of violence on persons, this shall be considered an aggravating circumstance.
Article 279 -
Shall be subject to a jail sentence for a term not exceeding six months and/or to a fine not in excess of five thousand Dirhams, whoever was entrusted with the conservation of seals put pursuant to a judgment or court or administrative order and caused, through his negligence, the perpetration of an of the crimes provided for in the two preceding articles.
CHAPTER 7
EVASION OF THE ACCUSED AND THE CONVICTED
Article 280 -
Shall be subject to a jail sentence for a term not exceeding two years, whoever escaped after he was arrested, detained or placed under preventive custody in accordance with the law.
The penalty shall be jail sentence should the crime be perpetrated by two or more persons by means of threat or violence on persons or objects.
The penalty shall be imprisonment for a term not exceeding five years in case the crime is perpetrated through the use or threat to use a weapon.
The text of a new Article was added under No. 280 (bis), by virtue of Article 2 of Federal Decree-Law No. 24/2018 dated 23/09/2018, and became as follows:
Article 280 (bis)
Shall be subject to imprisonment for a period not exceeding two years, any person who is put under the electronic surveillance by virtue of a decision or judgment yet has escaped such surveillance imposed.
Any person who is put under the electronic surveillance by virtue of a decision or judgment, and who by any means, impairs or damages the remote monitoring device which allows to identify his location or absence from the residence specified in the decision of the public prosecution or the competent court, as the case may be, shall be subject to the same punishment stipulated in the preceding Paragraph.
Imprisonment for a period not less than one year and a fine not less than twenty thousand (20,000) Dirhams, and not exceeding thirty thousand (30,000) Dirhams shall be imposed, if the act mentioned in the preceding Paragraph results in full or partial destruction of the electronic reception and monitoring devices, in addition to sentencing him to pay the value of damaged devices.
Article 281 -
Whoever was entrusted with the guard, control, transport or escort of an arrested person who escapes due to the negligence of the former, shall be subject to a jail sentence for a term not exceeding two years and to fine not in excess of twenty thousand Dirhams, should the fugitive be condemned for, or accused of, a felony; as for the other instances, the penalty shall be a jail sentence for a term not exceeding six months or to a fine not in excess of five thousand Dirhams.
Article 282
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who is assigned to guard, control, transport or accompany a person under arrest yet who deliberately enables him to escape or facilitates such matter or who negligently allows such escape shall be punished according to the following provisions:
- If the escapee is sentenced to death, the penalty shall be temporary imprisonment for no less than five years.
- If the escapee is sentenced to life or temporary imprisonment or if he is a defendant in a crime to which the death penalty shall apply, the penalty shall be imprisonment for no more than seven years.
- In other cases, the punishment shall be a jail sentence for no less than one year.
Article 283 -
Every public official or person charged with a public service entrusted to arrest a person and neglect to execute such order in view of assisting such person to escape from justice, shall be sentenced to the sanctions set forth in the sanctions set forth in the preceding article as per the conditions state therein.
Article 284
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who enables, assists or facilitates a person under arrest to escape, in other than the cases set forth in the preceding articles, shall be punished according to the following provisions:
- If the escapee is sentenced to death, the penalty shall be imprisonment for no less than five years.
- If the escapee is sentenced to life imprisonment or temporary imprisonment or if he is a defendant in a crime to which the death penalty shall apply, the penalty shall be imprisonment for no more than five years.
- In other cases, the penalty shall be jail sentence.
If the crime is committed by two persons or more, by threat or violence against persons or things or by the use of weapons or the threat of such use, such a matter shall be considered to be an aggravating circumstance, providing the punishment shall not exceed the statuary maximum penalty for the crime committed by the escapee.
Article 285
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who provides a person under arrest with weapons or equipment to assist him in his escape, shall be sentenced to imprisonment for no more than seven years.
Article 286 -
Whoever knowingly hides or shelters, in person or through an intermediary, a fugitive after his arrest, an accused of a crime or a person in respect of whom a warrant of arrest was issued, as well as whoever assisted him, by any means, to escape from justice, shall be punished in accordance with the following provisions:
- In case the hidden person, the assisted to be sheltered or to escape from justice was condemned to a death sentence, the penalty shall be imprisonment for a term not exceeding seven years; or if sentenced to life or term imprisonment or was accused of a crime punished by a death sentence, the penalty shall be imprisonment for term not exceeding five years.
In other instances, the penalty shall be a jail sentence for a term not exceeding three months.
- Should the crime be perpetrated by two or more persons through the use of threats or violence on persons or on objects, or by the use, or threat to use, a weapon, this shall be considered an aggravating circumstance.
Article 287 -
Whoever is aware of the perpetration of a crime and helps the perpetrator to escape from justice through concealing any evidence of the crime, giving related information, knowing that they are not true, or assist him by any means, shall be sentenced in accordance with the following provisions:
- In case the fugitive from justice is accused of a felony punished by a death sentence, the penalty shall be a jail sentence.
In other instances, the penalty shall be a jail sentence or fine.
TITLE 4
CRIMES OF PUBLIC HAZARD
CHAPTER 1
ASSAULT ON MEANS OF COMMUNICATION AND PUBLIC UTILITIES
Article 288 -
Shall be sentenced to life imprisonment whoever attacks an airplane or a sea vessel with the intention of capturing it or misappropriating all or part of its cargo or of causing prejudice to one or more of its passengers or of deviating its routing without reason.
The same penalty shall apply in case the act is perpetrated by a person on board the airplane or vessel.
Should the wrongdoer return the airplane or vessel immediately after its capture, to its lawful pilot or skipper or to whoever is legally entitled to possess it, and his act did not cause any prejudice to it, to its cargo or prejudice any of the passengers on board, the penalty shall be imprisonment for a term not exceeding five years.
Article 289 -
Shall be sentenced to term imprisonment, whoever deliberately exposes to danger, by any means whatsoever, the safety of the airplane or vessel or any other means of public transport.
The penalty shall be life imprisonment, should the act result in any disaster to any of the above-mentioned.
Article 290
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who destroys or damages any public road, airport, harbour or land port-of-entry, a bridge or a navigation channel shall be punished by a jail sentence and a fine.
If the criminal uses fireworks or explosives in the commission of the crime, the punishment shall be temporary imprisonment or life imprisonment.
Article 291 -
Shall be sentenced to imprisonment for a term not exceeding seven years, whoever deliberately disrupts the functioning of a land, sea or air public communication means.
Article 292 -
Shall be subject to a jail sentence and/or to a fine, whoever caused by his own fault the occurrence of an accident to one of the sea, air or land public communications means which may disrupt its functioning or expose persons to danger.
The penalty shall be imprisonment, should the act result in a disaster.
Article 293
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who intentionally endangers, in any way, the safety of private means of transportation shall be punished by a jail sentence.
The punishment shall be temporary imprisonment, if the act is committed intentionally on the means of transportation pertaining to security or police forces.
Article 294
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who intentionally removes, breaks, damages, renders unfit or impairs by any way, equipment, tools or signs necessary to prevent accidents or surveillance cameras shall be punished by a jail sentence for no less than one year and a fine of not less than fifty thousand dirhams.
The punishment shall be temporary imprisonment if the crime results in a catastrophe.
In all cases, the criminal shall be sentenced to pay the amount of all damage caused by him.
Article 295 -
Should the offender, for the purpose of perpetrating one of the crimes provided for in this chapter, take advantage of a state of turmoil or conspiracy, or perpetrated the crime by force or threats, this shall be considered an aggravated circumstance.
Article 296
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who transports or initiates to transport weapons, ammunition, fireworks, military ordnance or explosives, chemical, biological, radiological or nuclear products in any land, sea or air means of transportation or in postal means or packages contrary to laws, regulations or rules shall be sentenced to temporary imprisonment and to a fine of not less than one hundred thousand dirhams.
In all instances, confiscation of materials seized and the mean of transportation and that the foreigner be expelled shall be ordered.
Article 297 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be sentenced to imprisonment for a term not exceeding five years, whoever deliberately disrupts a wire or wireless communication means or any other service reserved for public utility, cuts or destroys some of its wires, apparatuses or deliberately prevents is repair.
Penalty shall be imprisonment for a term of not less than five years if the crime is perpetrated in time of war, turmoil, commotion or by the use of pyrotechnics or explosive material.
Article 298 -
Shall be subject to a jail sentence for a term not exceeding one year or to a maximum fine of ten thousand Dirhams, whoever deliberately causes a nuisance to others through using wire or wireless telecommunication apparatuses.
Article 299
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who intentionally endangers the human life or their safety using substances, germs or other things that may result in death or serious injury to the public health, shall be sentenced to life imprisonment.
Article 300 -
Shall be subject to a jail sentence and to a fine, whoever contaminates water in a well, a reservoir or any general water cistern, or anything else of the sort destined for public use, so as to make the water unfit for consumption.
Article 301 -
Shall be sentenced to imprisonment for a term not exceeding ten years, whoever deliberate breaks, destroys or do similar acts to machines, pipes or installations concerning the water, electricity, gas, petroleum or other public utilities, should this lead to disruption of such utility.
Article 302
The text of Article 302 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who intentionally demolishes, impairs, destroys or damages fixed or movable health premises and units, materials or appliances existing therein, or who intentionally damages or renders the same unfit for use, shall be sentenced to temporary imprisonment.
Article 303
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who intentionally damages, in any way, a device, appliance or other objects intended for medical aid, fire extinction, life guarding or to avoid other accidents shall punished by a jail sentence for no less than one year and a fine of not less than fifty thousand dirhams.
The punishment shall be temporary imprisonment if the crime results in a catastrophe.
In all cases, the criminal shall be ordered to pay the amount of damage caused by him.
CHAPTER 2
FIRE
Article 304
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who intentionally sets fire to buildings, factories, workshops, warehouses, inhibited or uninhabited buildings located in a city or village, or to vehicles, railway stations, or wagons carrying one or more persons pertaining to a train carrying one or more persons, or ships sailing or at anchor in any port, or to flying aircraft or perching at an airport, or to buildings established or intended for habitation located outside inhabited areas whether all of that is owned by the criminal or not, shall be sentenced to imprisonment for no less than seven years.
If it is indicated that the fire was intended to gain advantage either for the criminal himself or for another person, such a matter shall be considered to be an aggravating circumstance.
In all cases, the criminal shall be sentenced to a fine equal to the amount of damage caused by him.
Article 305 -
Shall be sentenced to term imprisonment, whoever deliberate sets fire to:
1- Wood areas or forests for firewood supply, plantations or crops before being harvested; if owned by other than the wrongdoer.
2- Wood areas or forests for firewood supply, plantations or crops before being harvested; if owned by the wrongdoer and if the fire spreads to the property of other person causing damage thereto.
Article 306 -
Shall be sentenced to term imprisonment, whoever deliberately sets fire to buildings that are neither occupied or nor used for dwelling, lying outside populated areas, to crops, stocks of hay, harvest left over in its place or firewood stocked, piled or left over in its place, regardless of whether these things are owned by him or not and the fire spreads to the property of others causing damage to it.
Article 307
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who sets fire, in other than the cases set forth in the preceding Articles, intending to inflict physical damage to third parties, or to gain an unlawful advantage, either for the criminal himself or for another person, shall be punished by a jail sentence and a fine of not less than ten thousand dirhams.
Article 308 -
Should the fire result on the death of a human being, the author thereof shall be sentenced to death, in the instances provided for in Articles 304 and 305 and to life imprisonment, in the instances stated in Articles 306 and 307.
Article 309
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
The use of an explosive material to damage any of the things mentioned in the preceding Articles of this Chapter, even if partial damage shall be considered to be an aggravating circumstance.
Article 310 -
Whoever causes, by his fault, the burning of something owned by someone else, shall be subject to a jail sentence for a term not exceeding one year and/or to a fine not in excess of ten thousands
Dirhams.
Article 311
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who, by virtue of Law or regulations, is under the duty to possess a fire extinguisher, yet he fails to install the same properly or fails to keep it fit for use at all times, shall be punished by a jail sentence for no less than one year or a fine of not less than ten thousand dirhams.
Any person who removes a fire extinguisher or changes its location or renders it unfit for use shall be punished by a jail sentence for no less than one year or a fine of not less than fifty thousand dirhams.
TITLE 5
CRIMES VIOLATING RELIGIOUS CREEDS AND RITES
Article 312 -
Shall be subject to a jail sentence and/or to a fine whoever perpetrates one of the following crimes:
1- Offense to any of the Islamic sacred beliefs or rites.
2- Insult to any of the divine recognized religions.
3- Approving, encouraging or promoting sin or do any act that tempts towards committing it.
4- Knowingly eating pork meat by Moslems
Should any of these crimes be perpetrated publicly, the penalty shall be jail sentence for a minimum period of one year in addition to a fine.
Article 313
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Shall be punished by a jail sentence for no more than one month or a fine of not more than ten thousand dirhams:
1- Any person who eats or drinks or have any other fast-breaking items in a public place during daytime of Ramadan.
2- Any person who compels, incites or assists in such open flouting. The court may order the closure of the public place used for this purpose for no more than one month.
Article 313 (bis)
The text of a new Article was added under No. 313 (bis) (1), by virtue of Article 2 of Federal Law No. 52/2006 dated 14/12/2006. It was then replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
1- The Hadd related to drinking alcohol shall not apply to non-Muslim.
2- Without prejudice to the cases authorized, any person who drinks alcohol or who obtains, possesses, brings into or outside the country or manufactures alcoholic beverages for the purpose of personal use or offering the same to their parties shall be punished by a jail sentence for no less than six months and a fine of not less than ten thousand dirhams or by either one of these two penalties.
3- Without prejudice to the cases authorized, any person who obtains, possesses, brings, manufactures, imports or re-export, promotes or advertises alcoholic beverages for trading purposes shall be punished by a jail sentence for no less than two years and a fine of not less than fifty thousand dirhams or by either one of these two penalties.
The penalties set forth in this Article shall not prejudice the punishments specified for any violation of permits, licences or their requirements.
Article 314
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
The Minister of Interior, in coordination with competent authorities, may give decisions on the closure of public places during the daytime of Ramadan in order to prevent open flouting mentioned in Article 313 of the present Law.
In case of any violation to the closure decision, the manager in-charge of the public place shall be punished by the penalty set forth in Article 313 of the present Law.
Article 315 -
Shall be subject to a jail sentence and/or a fine, whoever offends the sacred beliefs or rites prescribed by the other religions whenever these beliefs and rites are protected according to the rules of the Islamic Sharia.
Article 316 -
Shall be subject to a jail sentence for a term not exceeding one year or to a fine not in excess of ten thousand Dirhams, whoever violates or profanes the sanctity of a place reserved for the burial of the dead or the preservation of their corpses, or whoever knowingly violates the sanctity of a human corpse or the remains of a dead body.
The text of a new Article was added under no. 316 (bis) (1), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, as follows:
Article 316 (bis) (1)
1- Any person who practices acts of sorcery or witchcraft acts, whether are true or deceptive, with or without consideration shall be punished by a jail sentence and a fine of not less than fifty thousand dirhams.
2- Shall be considered to be acts of sorcery: The use of words or actions in violation of the Islamic Sharia with the aim to influence the body, heart, mind or will of others, either directly or indirectly, and whether it is real or an illusion.
3- Shall be considered to be as witchcraft acts:
a- Acts involving optical illusion or controlling minds or hearts of people in any way to induce them to see things that are not true with the aim of exploiting them or influencing their beliefs or minds.
b- Claiming to have magical prescience, knowledge of secrets or conscience reading in any way with the aim of exploiting people.
4- The court shall order that the foreigner convict be expelled from the State.
5- In all cases the court shall order confiscation of the things seized.
The text of a new Article was added under no. 316 (bis) (2), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, as follows:
Article 316 (bis) (2)
Shall be punished by a jail sentence and a fine or by either one of these two penalties, any person who:
1- Seeks the assistance of a magician with the aim to influence the body, heart, mind or will of others.
2- Bringing or importing to the State, having possession, acquiring or disposing by any means of disposition of books, talismans, materials or tools intended for sorcery or witchcraft.
3- Promoting by any means acts of sorcery or witchcraft acts.
Article 317 -
Whoever establishes, organizes or administers an association, organisation or society, or a branch thereof, aiming at resisting or vilifying the foundations or teachings on which the Moslem religion is based or whatever he essentially knows of, preach another religion or advocates for a doctrine or ideology that embraces any of the abovementioned matters, or to commend or propagate any of these, shall be sentenced to imprisonment for a minimum term of five years but not exceeding ten.
Article 318 -
Whoever joins an association or other among those mentioned in the preceding article, participates in or assists it, under any form whatsoever, with knowledge of its objectives, shall be sentenced to imprisonment for a term not exceeding seven years.
Article 319 -
Whoever opposes or vilifies the foundations or teachings on which is based the Moslem religion, or whatever he essentially knows of, offends this religion, preaches another religion, advocates for a doctrine or ideology that embraces any of the matters mentioned above, or commend or propagate any of these, shall be sentenced to imprisonment for a term not exceeding five years.
Article 320 -
It is prohibited to hold any conference or meeting, in any place in the State, by a group, organisation or society in case any of these aims, directly or indirectly from such meeting to oppose or vilify the foundations or teachings on which is based the Moslem religion, or whatever he essentially knows of, or to preach another religion.
The public authority is entitled to disband such a conference or meeting, with the use of force if required.
Whoever takes part in the preparation of such a conference or meeting or participates in it, shall be sentenced to imprisonment for a minimum term of five years but not to exceed ten.
Article 321 -
Should any of the crimes provided for in Articles 318 and 320 of the present Law be perpetrated by the use of, or threatening to use, force or if the use thereof is anticipated in its perpetration, the offender shall be sentenced to imprisonment for a minimum term of seven years.
Article 322 -
Whoever is in possession of written instruments, printings or recordings that include commend or propagation of any of the things stipulated in Article 320 and where these writings, printings or recordings are meant for distribution or perusal by others, shall be subject to a jail sentence for a minimum period of one year and/or a fine not in excess of five thousand Dirhams.
Shall be sentenced to the same penalty provided for in the preceding paragraph, whoever is in possession of any means of printing or recording or publicity that have been used to print, record or diffuse slogans, hymns or propaganda for a doctrine, association, organisation or society that aims at one of the objectives provided for in Article 320.
Article 323 -
Shall be sentenced to the penalty provided for in the preceding article, whoever obtains or receives funds, directly or indirectly, from an individual or organisation inside or outside the State whenever this is for the purpose of perpetrating any of the acts stipulated in Article 320.
Article 324 -
The penalty for attempting to perpetrate the crimes provided for in this Chapter shall range within the limits of half the maximum and minimum penalty prescribed for each crime.
Article 325
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Without prejudice to the penalties set forth in the preceding Articles, the court shall, in the cases indicated in Article 317 of the present Law, order the dissolution of assemblies, associations, organisations or said branches and closure of their places.
The court may order the closure of the places if the crimes set forth in Articles: 320 and 323 of the present Law are committed therein.
In all the cases referred to in the preceding two Paragraphs, the court may order the confiscation of money, luggage and other items used or intended for use in the commission of the crime, or that exist in the places designed for the meetings of these assemblies, organisations or branches.
The court shall order that the foreigner be expelled after the enforcement of the penalty imposed upon him.
Article 326
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any perpetrator of any of the crimes specified in Article 312 and Articles from (317) to (324) of the present Law, who notifies the competent judicial or administrative authorities of the crime before the discovery of such crime shall be exempted from the penalty. If such notification is carried out after the discovery of such crime, the court may decide to exempt such perpetrator from the punishment when such notice has resulted in the apprehension of any perpetrator.
TITLE 6
CRIMES AGAINST THE FAMILY
Article 327 -
Shall be sanctioned to imprisonment, whoever abducts a new-born child from his legitimate guardian conceals him, substitutes him with another or falsely attributes him to other than his parents.
Should it be established that he was born dead, the penalty shall be jail sentence for a term not exceeding two months and/or to a fine not in excess than one thousand Dirhams.
Article 328 -
Shall be subject to a jail sentence and to a fine, whoever was in charge of a child and abstains to deliver him to the person entitled to claim the child by virtue of a judgment rendered by a judicial body.
Article 329
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any parent or grandparent who kidnaps his child or grandchild, either by himself or through an intermediary, even if such crime is committed without circumvention or coercion, from the person who, by a court decision or ruling, has the right of custody or guardianship of the child, shall be punished by a jail sentence or a fine.
The text of a new Article was added under no. 329 (bis), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, as follows:
Article 329 (bis)
The criminal lawsuit in Articles 328 and 329 of the present Law shall be terminated if waiver or conciliation has been reached after the commission of the crime yet before an irrevocable court decision was issued; if such a matter occurred after the court decision has become irrevocable, then its enforcement shall be suspended.
Article 330 -
Shall be subject to a jail sentence for a term not exceeding one year and/or to a fine not in excess of ten thousand Dirhams, whoever was condemned, by virtue of an executory judgment, to pay an alimony to his wife, to one of his relatives or to any other person to whom he is bound to sustain, or to pay tutelage, suckling or housing fees, and abstains from payment despite his ability to do so.
A court action may not be filed except upon complaint from the person concerned.
In case the sentenced party pays the accumulated arrears or if he produces a surety accepted by the concerned person, the penalty shall not be implemented.
TITLE 7
CRIMES PERPETRATED AGAINST PERSONS
CHAPTER 1
TRESPASS UPON THE LIFE OF A HUMAN BEING AND THE SAFETY OF HIS BODY
Article 331 -
Without prejudice to the right to the legally due blood money, the crimes stated in this Chapter shall be sanctioned to the penalties provided for therein in cases the coercive punishment is not allowed.
Article 332
The text of Article 332 was amended by virtue of Article 1 of Federal Law No. 34/2005 dated 24/12/2005. It was then replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
1- A person who intentionally kills a human being shall be sentenced to life imprisonment.
2- Death penalty shall be imposed if it is a murder with premeditation and deliberation, or if the murder is associated with or related to another crime, or if the victim is a lineal ascendant of the perpetrator, or if the murder is committed against a public officer or a person entrusted with a public service, in the course, due to or by reason of the fulfilment of his duty or service, or if the murder is committed by the use of toxic or explosive material.
3- If the avengers of blood heir forgive at any stage of the lawsuit or before the enforcement is completed, the penalty shall be imprisonment for no less than seven years.
Article 333 -
Premeditation means the intended determination prior to the perpetration of the crime on any person and minutely arranging for the necessary means to perpetrate the act.
Laying in means lurking for a person, in one or several places for a long or short period, in order to murder a person or assault him by any act of violence.
Article 334 -
Shall be sanctioned to term imprisonment, whoever surprises his wife, daughter or sister committing adultery and instantly kills her or the adulterer or both of them; he shall be subject to a jail sentence in case of assault on her or him leading to death or disability.
Shall be sanctioned to term imprisonment, the wife who surprises her husband committing adultery in the conjugal domicile and instantly kills him or his female companion in adultery or both of them; she shall be subject to a jail sentence in case of assault on him or his companion leading to death or disability.
The right of lawful self-defence may not be used against the beneficiary of such excuse.
Article 335 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be subject to a jail sentence for a minimum period of six months and/or to a fine not in excess of five thousand Dirhams, whoever attempts to commit suicide. Shall be subject to a jail sentence, whoever abets another or assists him, in any manner whatsoever, to commit suicide, if it occurs thereupon.
Should the victim of suicide below eighteen years of age or partially incapacitated, in his will or discernment, this shall be considered an aggravating circumstance.
The instigator shall be sentenced to the penalty prescribed for deliberate murder or attempt thereto, as the case may be, in case the person committing suicide or attempting thereto has totally lost his free will of choice or discernment.
Article 336 -
Shall be sentenced to imprisonment for a period not exceeding ten years, whoever assaults the body safety of others, in any means without intention to kill him but the assault resulted in the death of the victim.
Should any of the circumstances mentioned in paragraph two of Article 332 be available, this shall be considered an aggravating circumstance.
Without prejudice to the provisions of Articles 60 and 61, shall also be considered an aggravating circumstance, perpetration of the act by the offender under the influence of intoxication or stupefaction.
Article 337 -
Shall be sentenced to imprisonment for a period not exceeding seven years, whoever deliberately causes to another a permanent disability. The occurrence of any of the circumstances, stated in paragraph two of Article 332, shall be considered an aggravating circumstance.
There is a permanent disability if the injury results in severance or dismemberment of an organ or its partial amputation or the loss or diminution of use thereof, or to permanent total or partial failure of the functioning of any senses.
Any serious deformity which is not likely to disappear shall be considered as a disability.
Article 338 -
Without prejudice to the provisions of Articles 60 and 61, shall be sentenced to imprisonment for a term not exceeding five years, whoever assaults by any means the body safety of others and the assault results in an unintended permanent disability. The penalty shall be imprisonment for a term not exceeding ten years should any of the circumstances stated in paragraph two of Article 332 be present, or if the offender be under influence of intoxication or stupefaction.
Article 339 -
Shall be subject to a jail sentence and to a fine, whoever assaults by any means the body safety of others and the assault resulted in his illness or disability to attend to his personal business for a period exceeding twenty days.
The penalty shall be a jail sentence for a term not exceeding one year and to a fine not in excess of ten thousand Dirhams, if the assault did not reach the degree of seriousness mentioned in the above paragraph.
In case the assault is perpetrated on a pregnant woman resulting in abortion, this shall be considered an aggravating circumstance.
Article 340 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be subject to a jail sentence for a term not exceeding one year and/or to a fine not in excess of ten thousand Dirhams, any pregnant woman who deliberately aborted herself by any means whatsoever.
The penalty shall be a jail sentence for a minimum term of two years or to a minimum fine of ten thousand Dirhams the person who deliberately aborted her, by any means, with her consent.
Should the person causing abortion be a physician, surgeon, pharmacist, midwife or a technician, the penalty shall be imprisonment for a term not exceeding five years, without prejudice to a more severe penalty provided for in any other law.
Shall be sanctioned to imprisonment for a term not exceeding seven years, whoever wilfully aborted a pregnant woman without her consent.
The attempt to perpetrate any of the acts provided for in the present article shall be sanctioned to half the penalties prescribed therein.
Article 341
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
If the attack mentioned in Articles 336, 337, 338 and 339 of the present Law and Paragraph (4) of the preceding Article, is committed by the use of any weapon, stick or another tool, by one or more within a band that is constituted from at least three persons, who agreed to engage in such attack and injury, then each one shall be punished by a jail sentence and a fine, all that without prejudice to the most severe penalty to which is subject any participant in the attack or to any other penalty prescribed by law.
Article 342 -
Shall be subject to a jail sentence and/or to a fine, whoever caused by his own mistake the death of a person.
The penalty shall be jail sentence for a minimum term of one year and a fine in case the crime is committed as a result of failure by the offender to observe the ethics as dictated by his employment, profession or craft, or if he was under the influence of intoxication or stupefaction when the accident occurred or if he abstains then from assisting the victim or call for help though he was in a position to do so.
The penalty shall be a jail sentence for a minimum term of two years but not exceeding five years and a fine if the act caused the death of more than three persons. Should any of the circumstances mentioned in the preceding paragraph be present, the penalty shall be a jail sentence for a minimum term of three years but not exceeding seven and a fine.
Article 343 -
Shall be subject to a jail sentence for a term not exceeding one year and/or to a fine not in excess of ten thousands Dirhams, whoever transgress through his fault the body safety of others The penalty shall be a jail sentence for a term not exceeding two years and/or a fine, should the crime result in a permanent disability or if the crime is committed as a result of failure from the offender’s part to observe the ethics of his employment, profession or craft or if the offender is under the influence of intoxication or stupefaction when the incident occurred, or if he abstains from assisting the victim or call for help though able to do so.
The penalty shall be a jail sentence and a fine if the crime transgresses the safety of more than three persons. Should any of the circumstances mentioned in the preceding paragraph be present, the penalty shall be a jail sentence for a minimum term of six months but not exceeding five years and a fine.
CHAPTER 2
VIOLATION OF FREEDOM
Article 344 -
Shall be sentenced to term imprisonment, whoever illegally kidnaps, arrests, confines or deprives from freedom, a person by any means whatsoever and whether by himself or through the intermediary of others.
The penalty shall be life imprisonment in the following instances:
1- If the act takes place by impersonating a public capacity, pretending the performance or assignment of a public service or to contact under a false representation.
2- In case the act is performed by use of subterfuge or accompanied by use of force, threat of killing, inflicting severe body harm or by acts of physical or psychological torture
3- If the act is perpetrated by two or more armed persons.
4- If the period of kidnapping, arresting, confining or depriving from freedom exceeds one month
5- In case the victim is of female sex, a juvenile, an insane or imbecile person.
6- In case the purpose of the act is to draw profit, revenge, rape of the victim, disgrace him, injure him or have him perpetrate a crime
7- If the act is perpetrated against a public servant during, or because of, the discharge of his duties.
Should the act lead to the death of the victim, the sanction shall be the death penalty or life imprisonment. Shall be sanctioned to the same penalty prescribed for the principal perpetrator, any of the intermediaries in the perpetration of any of the crimes provided for in this article as well as whoever knowingly hides a kidnapped person.
Article 345 -
Shall be exempted from the penalty for the crimes prescribed in the preceding article, the person who wilfully indicates to the judicial or administrative authorities, prior to its detection of the place of the kidnapped person, the whereabouts of this latter and reveals the identity of the other offenders thus resulting in the rescue of the kidnapped.
Article 346 -
Shall be sentenced to term imprisonment, whoever brings in or out of the country a human being for the purpose of possessing, or disposing of, him as well as whoever purchases, sells, offers for sale or otherwise disposes of a human being as a slave.
Article 347 -
Shall be subject to a jail sentence for a term not exceeding one ear and/or to a fine not in excess of ten thousand Dirhams, whoever forces a person to work with or without pay to serve a personal interest in cases other than those admitted by law.
CHAPTER 3
EXPOSURE TO DANGER
Article 348 -
Shall be subject to a jail sentence and/or to a fine, whoever deliberately perpetrates an act that exposes the life, health, security or freedom of human beings to danger.
Without prejudice to any more severe penalty prescribed by law, the penalty shall be a jail sentence in case the act results in a prejudice of any kind.
Article 349 -
Shall be subject to a jail sentence for a term not exceeding two years, whoever personally or through an intermediary exposes to danger a juvenile who did not complete fifteen years of age or a person unable to defend himself because of his health, mental or psychic condition. The penalty shall be a jail sentence if the crime is perpetrated through abandoning the juvenile or the disabled person in a deserted place, or by one of the offender’s ascendants, by a person in charge of his custody or of taking care of him. Should a permanent disability result there from to the victim or unintentionally cause his death, the offender shall be sentenced to the penalty prescribed for the assault leading to permanent disability or to death, as the case may be. The same penalty shall apply if the exposure to danger occurs through deliberately depriving the juvenile or the disabled from nurture or care required by his condition whenever the offender is legally required to provide same.
Article 350 -
Shall be subject to a jail sentence or to a fine not exceeding ten thousand Dirhams, whoever, personally or through others, exposes to danger a child, who did not complete seven years of age in a crowded place.
CHAPTER 4
THREAT
Article 351 -
Shall be sentenced to imprisonment for a term not exceeding seven years, whoever threats another person, in writing or verbally, to perpetrate a felony against his person or property or against the person or property of others, or by attributing or divulging dishonouring matters, where all these are accompanied by a demand, instructions to do or abstain from doing something or if so intended.
Article 352 -
Shall be subject to a jail sentence, whoever threatens another to perpetrate a felony on his person or property or on the person or property of others, by attributing or divulging dishonouring or disrespectful matters in instances other than those stated in the preceding article.
Article 353 -
Whoever threatens another by words, acts or signs, in writing or verbally or through another person and in instances other than those stated in the two preceding articles, shall be subject to a jail sentence for a term not exceeding one year or to a fine not in excess of ten thousand Dirhams.
CHAPTER 5
CRIMES PERPETRATED AGAINST HONOR
SECTION 1
RAPE AND DEBASEMENT
Article 354 -
Without prejudice to the provisions of the law on juvenile delinquents and displaced(1), shall be sentenced to death penalty, whoever used coercion in having sexual intercourse with a female or sodomy with a male. Coercion shall be considered existent if the victim is below fourteen years of age when the crime is perpetrated.
Article 355 -
Attempt to perpetrate the crimes stipulated in the preceding article shall be sanctioned to life imprisonment
Article 356 -
Without prejudice to two preceding articles, the crime of voluntary debasement shall be punished by a jail sentence for a minimum term of one year, but if the said
crime is perpetrated on a male or female below fourteen years of age or if committed by coercion, the penalty shall be term imprisonment.
Article 357 -
Should death of the victim result from one of the crimes provided for in the preceding articles, the penalty shall be the death sentence.
SECTION 2
FLAGRANT INDECENT ACTS
Article 358
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who publicly commits a disgraceful act shall punished by a jail sentence for no less than six months.
The same penalty shall apply to any person who says or commits any act against the public morals.
Any person, who commits an indecent act with a woman or a boy under the age of fifteen years even if not in public, shall be punished by a jail sentence for no less than one year.
Article 359 -
As amended by Federal Law no.34 dated 24/12/2005:
Shall be subject to a jail sentence for a term not exceeding one year and/or to a fine not in excess of ten thousand Dirhams, whoever molests a female in an indecent way by words or acts in a public road or in a frequented place.
Shall be sentenced as well to the same penalty, any male disguised in a female apparel and enters in this disguise a place reserved for women or where entry is forbidden, at that time, for other than women. Should he perpetrate a crime in this condition, this shall be considered an aggravating circumstance.
SECTION 3
ENTICEMENT TO LEWDNESS AND PROSTITUTION
Article 360 -
Shall be subject to a jail sentence for a minimum term of six months, whoever is found on a public road or frequented place enticing the passers-by, by words or signs, to debauchery.
Article 361 -
Shall be subject to a jail sentence for a term not exceeding six months and/or to a fine not in excess of five thousand Dirhams, whoever publicly makes an appeal or utters a song, yelling or speech that is immoral or publicly prompts others by any means to debauchery.
Article 362
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who manufactures, imports, exports, acquires, possesses or transports with the intention of exploitation, distribution or display of writings, drawings, pictures, movies, symbols or other things against public morals shall be punished by a jail sentence and a fine of not less than five thousand dirhams or by either one of these two penalties.
The same penalty shall be imposed on any person who publicizes any of the aforementioned issues.
Article 363 -
Shall be subject to a jail sentence for a minimum term of one year and to a fine, whoever entices, induces or tempts, by any means, a male or female to commit debauchery or prostitution or assisted him to this end.
In case the age of the victim is below eighteen years, then the penalty shall be a jail sentence for a minimum term of two years and the payment of a fine.
Article 364 -
Shall be sentenced to imprisonment for a term not exceeding ten years, whoever entices a male or female to debauchery or prostitution by means of coercion, threat or subterfuge.
The penalty shall be imprisonment for a minimum term of ten years, should the age of the victim be below eighteen years of age. The foregoing penalties, as the case may be, shall apply to whoever detains a person against his will by means of coercion, threat or subterfuge in a place with the intention of enticing him to perpetrate one or more acts of debauchery or prostitution.
Article 365
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who establishes or manages a house of fornication or prostitution or facilitates such practice or assists in its establishment or management shall be sentenced to temporary imprisonment and to a fine that is not less than one hundred thousand dirhams.
In all cases, an order shall be given for the closure of the place, which shall not be authorised to re-open except for a legitimate purpose after the approval of the public prosecution.
Article 366 -
Shall be subject to a jail sentence for a term not exceeding five years, whoever exploits by any means the lewdness or debauchery of a person.
Article 367 -
Should the offender, in the crimes provided for in Articles 363, 364 and 366, be an ascendant of the victim, an unmarriageable person to him, his custodian or whoever has an authority on him or be a servant to him or to one of the above mentioned, this shall be considered an aggravating circumstance.
Article 368 -
Shall be sanctioned to term imprisonment, whoever habitually practices debauchery or prostitution.
Article 369 -
In one of the crimes provided for in this section, where the offender is condemned by judgment to a penalty restricting his freedom for a period of one year or more, the condemned shall be put under the control of the police for a period equal to that adjudicated.
Article 370 -
The offender is presumed to know the age of the victim in the articles included in this section.
CHAPTER 6
CRIMES PERPETRATED AGAINST REPUTATION, LIBEL, INSULT AND DISCLOSURE OF SECRETS
Article 371 -
Without prejudice to the constitutive elements and conditions of the crime of libel that is punishable by castigation, shall be sanctioned, according to the characterization of the crime, whoever abstains from inflicting castigation on himself, according to the following Articles.
Article 372 -
Shall be subject to a jail sentence for a term not exceeding two years, or to a fine not in excess of twenty thousand Dirhams, whoever attributes to another, through a means of publicity, a fact that makes him object of punishment or of contempt.
The penalty shall be a jail sentence and/or a fine in case the libel is perpetrated against a public servant, or a person in charge of a public service, during or because of the discharge of his duties or performing the public service, or if it affects honour or the reputation of the families, or if it is expected to fulfil an illicit purpose.
In case the libel is done by means of publication in one of the newspapers or printed material, this shall be considered an aggravating circumstance.
Article 373
The text of this Article was replaced by virtue of Article 1 of the Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who insults another person, by any means of publicity, which harm his honour or dignity, without attributing any specific incident, shall be punished by a jail sentence for no more than one year or a fine of not more than ten thousand dirhams.
Any person who insults a public servant or a person entrusted with a public service, in the course of, due to or by reason of fulfilment of the public duty or service, or if such insult harms the honour or damages the reputation of families, or aiming to achieve an unlawful purpose, shall be punished by a jail sentence for no more than two years and a fine of not more than twenty thousand dirhams, or by either one of these two penalties.
If the defamation is committed by way of publication in any newspaper or publications, such a matter shall be considered to be an aggravating circumstance.
Article 374 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be subject to a jail sentence for a term not exceeding six months or to a fine not exceeding five thousand Dirhams in case the libel or insult takes place through the telephone or facing the victim in the presence of others
The penalty shall be a fine not exceeding five thousand Dirhams if the libel or insult takes place facing the victim without the presence of a third party or in a letter dispatched to him by any means whatsoever.
Shall be considered an aggravating circumstance if the libel or insult, in the instances stated in the two foregoing paragraphs, is addressed to a public servant or a person in charge of a public service, during or because of discharging his duties or performing his service, or if affecting his honour or the reputation of the families, or if expected to reach an illicit objective.
Article 375 -
There shall be no crime if the offender establishes that the fact attributed is true, whenever its attribution is addressed to a public servant or a person in charge of a public service and the fact is connected to his employment or service.
In this case also, the insult may be established if it emanates from the offender himself and is associated with the libel.
Evidence may not be established if the fact occurred more than five years ago or if the crime has been foreclosed for any foreclosure reason or if the judgment rendered has been forfeited.
Article 376 -
There shall be no crime for the libel or insult included in the verbal or written defence of the parties to the litigation before the courts or investigation authorities, provided it is within the limits allowed to the right of defence.
Article 377 -
There shall be no crime in reporting, in good faith, to the judicial or administrative authorities a matter calling for the responsibility of its author.
Article 378 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be subject to a jail sentence and to a fine, whoever violates the private or familial life of individuals, by perpetrating one of the following acts, unless authorized by law, or without the victim’s consent:
a- If he lends his ear, records or transmits, through an apparatus of any kind, conversations that took place in a private place or through the telephone or any other apparatus.
b- Captures or transmits, through any kind of apparatus, the picture of a person in a private place.
Should the acts, referred to in the two preceding paragraph, be perpetrated during a meeting in front of the attending persons, their consent shall be presumed.
Shall be sentenced to the same penalty, whoever publishes through any means of publicity, news or pictures or comments related to the secrecy of private or familial life of the individuals, even if correct.
Shall be subject to a jail sentence for a period not exceeding seven years and to a fine, the public servant who perpetrates one of the acts mentioned in the present article on the strength of the authority of his position.
The apparatuses and other objects that may have been used in perpetrating the crime shall, in all cases, be confiscated and order shall be given to erase all relative recordings and destroy same.
Article 379 -
Shall be subject to a jail sentence for a minimum period of one year and/or to a minimum fine of twenty thousand Dirhams, whoever by virtue of his profession, craft, position or art is entrusted with a secret and divulge it in cases other than those allowed by law or if used for his own personal interest or for the interest of another person, unless authorized by the confiding person to disclose or use it.
The penalty shall be imprisonment for a term not exceeding five years in case the perpetrator is a public servant or a person in charge of a public service who was confided the secret because or on the occasion of discharging his duties or performing his service.
Article 380 -
Shall be sentenced to minimum fine of three thousand Dirhams, whoever opens a letter or cable without the consent of the recipient or listened to a telephone conversation.
The perpetrator shall be subject to a jail sentence for a minimum term of three months or to a minimum fine of five thousand Dirhams, if he discloses the contents of the letter, cable or conversation to other than the addressee thereto and without his consent, whenever such act results in a prejudice to others.
The text of a new Article was added under no. 380 (bis), by virtue of Article 2 of Federal Decree-Law No. 7/2016 dated 18/09/2016, to read as follows:
Article 380 (bis)
Any person who unlawfully reproduces, distributes or provides others with the content of a telephone call, message, information, data or other issues which came to his knowledge by virtue of his work shall be punished by a jail sentence.
TITLE 8
CRIMES AGAINST PROPERTY
CHAPTER 1
THEFT
Article 381 -
Should the application of the penalty imposed on theft by the Sharia be impossible, the offender shall, according to the classification of the crime, be subject to the provisions of this Law.
Article 382 -
Theft occurs by illegal appropriation movable property owned by a person other than the offender and it shall be subject to the following provisions.
Article 383 -
Shall be sentenced to life imprisonment, whoever perpetrates a crime of theft grouping the following circumstances:
1- It is perpetrated at night.
2- It is perpetrated by two or more persons
3- One of the perpetrators is armed.
4- It is perpetrated in an inhabited or habitable space or one of its annexes by climbing the fence, breaking in, use of fabricated keys, by impersonation of a public or false attribute, by pretending carrying out or being in charge of a public service or by any other illicit means.
5- To be perpetrated by duress or threat or by use of arms.
Article 384 -
Shall be sentenced to life or term imprisonment, whoever perpetrates a crime of robbery on public roads or one of the land, sea or air transport means in any of the following circumstances:
1- If it is perpetrated by two or more persons, one of whom is armed.
2- If it is perpetrated by two or more persons by duress.
3- If it is perpetrated by one armed person during night time.
4- If it is perpetrated by an armed person by means of duress or threat through the use of arms.
Article 385 -
Shall be sentenced to term imprisonment, whoever perpetrates the crime of theft by duress or threat through the use of arm whether the purpose thereof is to obtain, keep it in his possession or run away with it.
Article 386 -
Shall be sentenced to term imprisonment, whoever perpetrates the crime of theft during night time by two or more persons, one of whom is armed.
Shall be sentenced to the same sanction, whoever perpetrates armed theft at night and in an occupied location.
Article 387 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be sentenced to term imprisonment, whoever perpetrates the crime of theft of arms, or its ammunitions, belonging to the armed forces or to the police. The penalty shall be life imprisonment, if one of the circumstances provided for in Article 384 of this law, is present.
The penalty shall be a jail sentence for a minimum term of one year but not in excess of five if the theft is perpetrated on equipment or material used or to be used in wire or wireless telecommunications or other services installed by the State or licensed by it for installation for public utility purposes.
Article 388 -
Shall be subject to a jail sentence for a minimum term of two years but not in excess of seven, should the theft be perpetrated in any of the two following instances:
1- At night.
2- By a person carrying arms.
The sentence shall be imprisonment for a minimum term of five years but not in excess of seven if the theft is perpetrated by a person employed in the premises or to the prejudice of his employer.
Article 389 -
Shall be subject to a jail sentence for a minimum term of one year, if the theft is perpetrated in one of the following instances:
1- In one of the worship places.
2- In one of the inhabited or habitable places or its annexes.
3- In one of the transport means or in a station, harbour or airport.
4- Through climbing over the fence, breaking from outside, use of duplicated or genuine keys without their owners’ consent.
5- By a person impersonating a public or fake attribute or pretending that he is performing or in charge of a public service.
6- By two or more persons.
7- On wounded persons during wartime
8- On property owned by one of the bodies mentioned in Article 5.
9- On cattle or on carrying or riding animals.
Article 390 -
Shall be subject to a jail sentence for a minimum term of six months or to a fine, whoever perpetrates the crime of theft in which one of the circumstances stated in the preceding articles in the present chapter is missing.
Article 391 -
Shall be subject to a jail sentence or to a fine, whoever, by any means whatsoever, misappropriates a telephone service or any other wire and wireless telecommunication services, any other government services or unduly exploits, uses, diverges or emptying any of these services or any electric current, or other, used to link or transmit such services.
Article 392 -
The attempt to commit the misdemeanour of theft shall be penalized by half the penalty prescribed for the consummated crime.
Article 393 -
In sentencing to a jail sentence for one year or more, for a theft or an attempt thereto, the court shall, in case of recidivism, order to put the infringer under control for a maximum term of two years provided it does not exceeding the adjudicated penalty.
Article 394 -
Shall be subject to a jail sentence for a term not exceeding one year and/or to a fine not in excess of ten thousand Dirhams, whoever utilizes a car or scooter or the like without permission or approval of its owner or its rightful utilize.
Article 395
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who obtains food or drinks in a place provided for such purposes even if he is a resident therein, as well as any person who occupies a room or more in a hotel or the like, or who rents a vehicle or a trailer intended for rent, yet he fails to pay due amounts without excuse or absconded without paying, shall be punished by a jail sentence for no more than six months and a fine of not more than five thousand dirhams or by either one of these two penalties.
Article 396 -
In the perpetration of any of the crimes provided for in the preceding articles of this Chapter, if the perpetrator takes advantage of the opportunity of turmoil a commotion, fire or any other disaster, it shall be considered an aggravating circumstance.
Article 397 -
Shall be sanctioned to term imprisonment, whoever obtains by force or threat a deed, a signature on it, amendment or cancellation thereof or destruction.
Article 398 -
Shall be subject to a jail sentence and to a fine, whoever obtains from another by way of threat to hand over money or things other than those mentioned in the preceding article.
Should the threat to divulge or publish matters breaching the honour, such shall be deemed an aggravating condition.
And the attempt to carry out such actions shall be sentenced with half the sanction decided for the complete crime.
CHAPTER 2
DECEIT
Article 399 -
Shall be subject to a jail sentence or to a fine, whoever succeeds in appropriating, for him or for others, movable property, a deed or a signature thereon, cancellation, destruction or amendment thereof through deceitful means or use of false name or capacity, whenever this leads to deceit the victim and have him give away shall be sentenced to the same penalty, whoever disposes of an immovable or movable property being aware that it is not his property, that he is not entitled to dispose of it or disposes of it knowing that he previously disposed of, or contracted, it whenever such act of disposition causes prejudice to others.
Should the object of the crime be the property or a deed belonging to the State or tone of the bodies mentioned in Article 5, this shall constitute an aggravating circumstance.
Attempt shall be punished by a jail sentence for a term not exceeding two years or a fine not in excess of twenty thousand Dirhams. When condemning the recidivist to a jail sentence for a period of one year or more, the court may order putting him under control for a maximum period of two years provided it does not exceed the period of the adjudicated penalty
Article 400 -
Shall be subject to a jail sentence or to a fine, whoever exploits the need of a minor or a person condemned to remain under guardianship or custody, or exploits his whim or lack of experience and obtains, to the detriment of the victim or to others, a property, a deed or a signature on it, or an amendment, cancellation or destruction thereof Shall be considered as a minor, the insane, the imbecile and the interdict. In case the crime is perpetrated by the guardian, custodian or curator of the victim or any person having authority over him or his caretaker, this shall be considered an aggravating circumstance.
Article 401 -
As amended by Federal Law no. 34 dated 24/12/2005:
Shall be subject to a jail sentence or to a fine, whoever draws in bad faith a cheque without sufficient funds or who, after giving the cheque withdraws all or part of the funds, so that the remaining balance is insufficient to cover the amount of the cheque, or gives order to the drawee to stop payment, or if he deliberately writes or signs the cheque in such a manner as to make it non payable.
Shall be sentenced to the same penalty whoever endorses to another or delivers to him a bearer draft knowing that it has no available sufficient funds in consideration thereof or that it is not drawable.
The penal action shall be precluded in case of payment or its withdrawal subsequent to the perpetration of the crime but prior to the settlement of the case by a decisive judgment otherwise stay of execution shall be ordered
In case the court orders the withdrawal of the check book from the condemned person and the prohibition to give him new check books, according to the provisions of Article 643 of the Commercial Transactions Law, the public prosecution shall notify this order to the Central Bank in order to generalize it on all banks.
Should any bank violate this order, it shall be liable to pay a fine amounting to one hundred thousand Dirhams.
Shall be liable to the same penalty whoever endorses to another or deliver a bearer draft knowing that against the deed there are no available sufficient funds to pay its amount or that it is not drawable.
Article 402 -
The drawee who declares in bad faith that the funds held with him are less than the actual drawable balance shall be subject to a jail sentence or to a fine.
Article 403 -
The provisions of the two preceding articles shall apply to postal debit orders (postal cheques).
CHAPTER 3
BREACH OF TRUST AND RELATED MATTERS
Article 404 -
Shall be subject to a jail sentence or to a fine, whoever embezzles, uses or dilapidates amounts, bills or any other movable property to the prejudice of those entitled whenever the said movable property are delivered to him on bases of deposit, lease, pledge, loan for consumption or proxy.
In the application of this provision shall be considered as a proxy, the partner in a joint property, the officious on the property of the interested owner and whoever received something to be used in a specific matter for the benefit of its owner or of others.
Article 405 -
Shall be subject to a jail sentence for a term not exceeding two years or to a fine not exceeding twenty thousand Dirhams, whoever knowingly misappropriated, with the intention to own, a lost property owned by someone else or if the said property was in his possession by mistake or by force majeure.
Article 406 -
Shall be sentenced to the penalty prescribed in the preceding article, whoever embezzles, or attempt to do so, a movable property that he pledged as bailment for a debt owed by him or by others.
The owner appointed guardian on his movables, seized by judicial or administrative order, shall be subject to the same penalty should he embezzle any of it.
CHAPTER 4
CONCEALMENT OF THINGS OBTAINED FROM A CRIME
Article 407
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who knowingly acquires or conceals the proceeds of a crime without any participation on his part in the commission of such crime, shall be punished by the statutory penalty for the crime of which he knows they are obtained from.
A penalty of jail sentence for no more than six months and a fine of not more than twenty thousand dirhams or either one of these two penalties shall apply if the perpetrator does not know that such things are the proceeds of a crime yet he obtains such things in circumstances which lead him to believe their source to be unlawful.
The lawsuit shall be terminated by the extinguishment of the original crime lawsuit, from which the things are obtained, by conciliation.
The court shall order restitution if the things are public property.
Article 408 -
The offender, under the provision of the preceding article, shall be exempted from the penalty if he takes the initiative to report the crime from which originated these objects, to the judicial or administrative authorities as well as the perpetrators of the crime prior to its discovery.
Should the reporting take place subsequent to the discovery of the crime, the court may exempt him from the penalty whenever such reporting leads to the arrest of the perpetrators.
CHAPTER 5
USURY
Article 409
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any physical person who deals with another physical person by the delay usury of any kind in civil and commercial transactions, shall be punished by a jail sentence for no less than one year and a fine of not less than fifty thousand dirhams. Shall be included in such transactions, any condition involving Explicit or Implicit Usury .
Shall be considered as a latent interest, any commission or benefit of any kind stipulated by a creditor, if it is proved that such commission or benefit is not in return for a lawful and true benefit or service rendered by the creditor.
The origin of debt and latent interest may be proved by all means.
If the criminal makes use of the needs, weakness or inclination of a debtor for the commission of the crime specified in this Article, such a matter shall be considered to be an aggravating circumstance.
Article 410 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.
Article 411 -
The text of this Article was abrogated by virtue of Article 4 of Federal Decree-Law No. 7/2016 dated 18/09/2016; therefore, a mention is in order.م
Article 412
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any physical person who is used to lend money for usury shall be sentenced to imprisonment for not more than five years and to a fine that is not less than one hundred thousand dirhams.
CHAPTER 6
GAMBLING
Article 413 -
Gambling games are those games in which every party agrees to pay, in case of losing, to the other party, the winner, an amount of money or anything else agreed.
Article 414
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who gambles shall be punished by a jail sentence for not more than two years or a fine of not more than fifty thousand dirhams.
The penalty shall be a jail sentence or a fine if the crime is committed in a public place or a place that is open to the public or in a gambling place or house.
Article 415
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who opens or manages a gambling place intended to receive people, as well as any person who organizes such gambling game in a public place or a place that is open to the public or in any place or house provided for such purpose shall be sentenced to imprisonment for not more than ten years and to a fine of not less than one hundred thousand dirhams.
Article 416 -
Under all circumstances, money and tools used in gambling shall be seized and confiscated by order of the court which shall also order the closing of the premises or place prepared for gambling which shall not be allowed to reopen unless it is to be used for a licit purpose and pursuant to the approval of the public prosecution.
CHAPTER 7
BANKRUPTCY
Article 417 -
the provisions of the present Article were abrogated by virtue of Clause (1) of Article 230 of Federal Decree-Law no. 9/2016 dated 20/09/2016, thus a mention is in order.م
Article 418 –
The provisions of the present Article were abrogated by virtue of Clause (1) of Article 230 of Federal Decree-Law no. 9/2016 dated 20/09/2016, thus a mention is in order.م
Article 419
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and abrogated by virtue of Clause (1) of Article 230 of Federal Decree-Law no. 9/2016 dated 20/09/2016, thus a mention is in order.م
Article 420 –
The provisions of the present Article were abrogated by virtue of Clause (1) of Article 230 of Federal Decree-Law no. 9/2016 dated 20/09/2016, thus a mention is in order.م
Article 421 -
The provisions of the present Article were abrogated by virtue of Clause (1) of Article 230 of Federal Decree-Law no. 9/2016 dated 20/09/2016, thus a mention is in order.م
Article 422 -
The provisions of the present Article were abrogated by virtue of Clause (1) of Article 230 of Federal Decree-Law no. 9/2016 dated 20/09/2016, thus a mention is in order.م
CHAPTER 8
FRAUD IN COMMERCIAL TRANSACTIONS
Article 423 -
Without prejudice to any more severe penalty, shall be subject to a jail sentence and/or to a fine, whoever fraudulently misrepresents to a contracting party the truth about a merchandise, its nature, characteristics, components, its kind or origin, whenever these are considered basic reasons for contracting, or about the quantum of the merchandise, its quantity, measurement, dry measure, weight, capacity or identity, in case the merchandise delivered is different from that contracted.
Shall be subject to the same penalty, whoever imports, purchases or promotes this merchandise for trading purposes being aware of the truth about it.
CHAPTER 9
IMPAIRMENT OF PROPERTY AND TRESPASS ON ANIMALS
Article 424 -
Shall be subject to a jail sentence for a term not exceeding one year and/or to a fine not in excess of ten thousand Dirhams, whoever destroys or impairs a movable or immovable property owned by others, making it unfit for use or impairs it in any other manner.
The penalty shall be a jail sentence if the crime results in disruption of a public utility or a public benefit installation thus exposing the life of people or their security to danger.
Penalty shall be imprisonment for a term not exceeding five years if the crime is perpetrated by a gang composed of at least three persons.
Article 425 -
Shall be subject to a jail sentence and/or to a fine, whoever:
1- Cuts down, deracinates or damages a tree or a graft in a tree or peels its bark rendering it lifeless.
2- Damages growing crops, plants or fields sown with seeds or disseminate noxious substance or plant in it.
3- Damages an agricultural machine or any agricultural tools or makes it unfit for use in any manner.
In case the damaged objects mentioned in the preceding paragraphs are owned by others
The penalty shall be imprisonment for a term not exceeding five years if the crime is perpetrated by three persons or more or by two persons one of whom is armed.
Article 426 -
Shall be subject to the penalty prescribed in the preceding article, whoever:
1- Deliberately and unjustifiably kills or seriously impairs a riding, towing or carrying animal or cattle.
2- Annihilates or poisons any of the fishes in a water source or in a pool.
Article 427 -
The attempt to perpetrate any of the misdemeanours provided for in the two preceding articles shall be sanctioned by half the penalty prescribed for the consummated crime.
Article 428
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who damages, moves or removes a fence or a mark intended for lands levelling or surveying, demarcation of limits or for the separation between properties shall be punished by a jail sentence for no more than one year or a fine of not more than fifty thousand dirhams.
If the crime is committed for the purpose of misappropriation of any of the aforementioned lands, the penalty shall be a jail sentence.
Article 429 -
Should any of the crimes stated in the preceding articles of this Chapter be perpetrated at night time or by an act of violence against persons, or if the perpetrator carries an arm, or if the latter takes advantage, in perpetrating the crime of the opportunity of a riot, insurrection or common disaster, this shall be considered an aggravating circumstance.
Article 430 -
Where a recidivist is subject to a jail sentence for a term of one year or more, in one of the crimes stated in the preceding articles of this chapter, the court shall order putting him under control for a period of two years provided that does not exceed the duration of the adjudicated penalty.
Article 431 -
Shall be subject to a jail sentence for a term not exceeding one year or to a fine not in excess of ten thousand Dirhams, whoever deliberately and without justification kills or poisons or seriously harms domestic or tamed animal other than those mentioned in Article 426.
Article 432
The text of this Article was replaced by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person who overburdens, tortures or abuses any reclaimed or domestic animal shall be sentenced to a fine of not more than five thousand dirhams.
Article 433 -
Whoever, by his mistake, causes an injury to an animal or cattle owned by others shall be sentenced to a fine not exceeding one thousand Dirhams. Should his mistake result in the death of the animal, the penalty shall be a fine not exceeding two thousand Dirhams.
CHAPTER 10
TRESPASS ON THE PROPERTY OF OTHERS
Article 434
The text of this Article was replaced, by virtue of Article 1 of Federal Decree-Law No. 7/2016 dated 18/09/2016, and became as follows:
Any person, who repulses at night an entry to an inhabited place, a place intended for habitation or any of its appurtenances or intended to safeguard money, without the consent of the concerned person, and in other than the cases indicated by Law, shall be punished by a jail sentence for no more than one year or a fine of not more than five thousand dirhams, as well as any person who remains in such property against the will of the rightful person, or if he has concealed himself away from the rightful person. The court may order the convicted person to be evicted from the place of the crime.

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