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Assault and Fights in the UAE: Legal Penalties and Procedures
What is the penalty for assault and battery in the UAE?
Penalties for physical assault in the UAE vary significantly depending on the severity of the harm caused; what may seem like a single blow can constitute a crime with penalties ranging from a minor fine to ten years in prison. These matters are governed by Federal Law No. (31) of 2021 regarding crimes and penalties, specifically Articles (389), (390), and (391).
First: Degrees of Assault and Their Penalties
1. Simple Assault — Article (391)
This article applies to any assault on another person's bodily integrity by any means that does not result in a lasting injury or disability, such as slapping, pushing, or light hitting that does not require an extended medical leave.
2. Assault Resulting in Injury Exceeding 20 Days — Article (390)
If the assault results in the victim being ill or unable to perform personal tasks for more than twenty days, the legal description of the crime escalates, and the penalty becomes stricter. If the injury does not reach this degree, the lighter paragraph applies.
| Condition | Penalty |
|---|---|
| Assault resulted in incapacity or illness exceeding 20 days | Imprisonment and fine (without specifying a maximum limit for imprisonment in the text) |
| Assault did not reach the mentioned degree of severity | Imprisonment for a period not exceeding one year and a fine not exceeding 10,000 dirhams |
| The assault on a pregnant woman resulted in miscarriage | This is considered an aggravating circumstance for the penalty. |
3. Permanent Disability — Article (389)
If the assault results in a permanent disability — such as the loss of a limb, sight, hearing, or permanent disfigurement — and the perpetrator did not intend to cause it, the penalty is increased to temporary imprisonment.
| The case | The penalty |
|---|---|
| Permanent disability without aggravating circumstances | Temporary imprisonment for a period not exceeding 5 years |
| Presence of an aggravating circumstance, or if the perpetrator was under the influence of alcohol or drugs | Temporary imprisonment for a period not exceeding 10 years |
Secondly: The effect of the medical report in determining the legal description
The medical report issued by an accredited authority is the fundamental basis on which the judiciary builds the description of the crime and determines the penalty. The report specifies:
- The nature and severity of the injury.
- The duration of the disability or illness resulting from the assault (less than 20 days or more).
- Whether the injury is permanent or temporary.
- The causal relationship between the assault and the injury.
Frequently Asked Questions
Does dropping the charges end the assault case?
This depends on the nature of the crime. Simple assault crimes (Article 391) and some forms of Article (390) are considered private rights crimes that depend on the complaint of the victim. If the victim drops the charges before a final judgment is issued, the criminal case is terminated. However, if the injury reaches a significant degree of severity or the assault results in a permanent disability, the case may turn into a public crime that the public prosecution will pursue independently of the withdrawal, although the withdrawal is considered a mitigating circumstance.
Does the victim have the right to claim civil compensation?
Yes, and there are two available pathways:
- Civil claim before the criminal court:The victim has the right to intervene in the criminal case as a civil claimant, and the judge rules for compensation alongside the criminal penalty.
- Independent civil claim:A separate compensation claim may be filed before the competent civil court for material damages (treatment costs, loss of income) and moral damages resulting from the assault.
The issuance of a criminal judgment or the withdrawal of the criminal complaint does not prevent the claim for civil compensation in many cases, as the paths of the two lawsuits differ.
Is the aggravation of the penalty automatic in the presence of intoxication or drugs?
Yes, Article (389) explicitly states that the perpetrator being under the influence of alcohol or drugs is considered an aggravating circumstance that raises the maximum penalty from five years to ten years in cases of permanent disability.
What is the difference between an assault that requires a medical report and one that does not?
Any physical assault requires filing a report regardless of whether there is a visible injury or not. However, the medical report determines the legal description and degree of the crime: assault without documented injury remains within the scope of Article (391), while the description rises to Article (390) or (389) in the presence of a medical report proving the severity of the harm. This difference makes a substantial difference in the penalty.
Does assault between spouses fall under the same provisions?
Yes, the provisions of Articles (389), (390), and (391) apply to physical assault regardless of the relationship between the perpetrator and the victim. However, personal status law and related legislation may be added in the context of family disputes to provide double protection.
Summary — Comparative Table
| Case | Article | Penalty |
|---|---|---|
| Minor assault without lasting injury | 391 | Imprisonment for up to one year or a fine of up to 10,000 dirhams |
| Injury without disability exceeding 20 days | 390 Paragraph 2 | Imprisonment for up to one year and a fine of up to 10,000 dirhams |
| Disability or illness exceeding 20 days | 390 Paragraph 1 | Imprisonment and fine |
| Permanent disability | 389 | Temporary imprisonment for up to 5 years |
| Permanent disability + aggravating circumstance or alcohol/drug | 389 | Temporary imprisonment for up to 10 years |
If you are a victim in an assault case or a party in a physical dispute and need to know your rights or legal representation, our office team is fully prepared to provide the necessary advice.