What makes someone criminally liable?
Under Article 39 of the Federal Decree-Law No. 31 of 2021 (Crimes and Penalties Law), the moral element of a crime consists of the intention or the error. Intention exists when the perpetrator's will is to commit or omit an act that the law makes a crime, aiming at a result the law makes a crime and which they expected to occur.
Error exists when the criminal result happens because of the perpetrator's mistake, whether negligence, lack of vigilance, lack of precaution, recklessness, imprudence or breaking laws, rules or orders. Some offences need intention, others can be committed by error.
Does motive matter?
Not as a rule. Article 41 says the motive for committing a crime is not taken into consideration unless the law says otherwise.
Motive can matter for the sentence. Article 97 lists committing the crime for non-malicious motives as an extenuating excuse.
What if I made a mistake about the facts?
Article 40 limits your liability to the facts you believed existed, if those facts would remove or reduce your liability, provided your belief was based on reasonable grounds and a real effort of search and investigation.
If the mistake came from your own negligence or lack of precaution, you can be held responsible for a non-premeditated offence if the law punishes the act as such.
When is there no liability?
Article 62 removes liability for a person who lost perception or will because of insanity, mental deficiency, or unconsciousness caused by substances given by force or taken without awareness. Article 65 removes liability for a person forced to commit a crime to protect themselves or others from serious and imminent danger beyond their control, or physically or morally constrained.
Article 63 says voluntary intoxication is not an excuse: you are punished as if you were sober. Article 64 says no criminal action can be filed against a person who has not completed eleven years of age.
What should I do first?
Write down what you knew and when
Intent and knowledge are decisive.
Gather medical or other records if relevant
Capacity and constraint claims need evidence.
Do not explain your motive to the police without advice
It is recorded.
Call us before giving a statement
How you describe your state of mind matters.
Call us on +971 50 653 1334 or message us on WhatsApp. We answer at any hour.
Frequently asked questions
What is the difference between intention and error?
Intention is a will to commit the act aiming at a criminal result. Error is a criminal result caused by negligence, recklessness or breaking rules (Article 39).
Is being drunk a defence?
No, if you took the substance voluntarily and knowingly (Article 63).
Is a mistake of fact a defence?
It can be, if it was reasonable and based on real effort to check (Article 40).
At what age is there no criminal action?
No action can be filed against a person who has not completed eleven years of age (Article 64).
Related guides
Dubai Criminal Law overview
The main points, the process and your first steps.
Read the overviewCriminal Penalties
The principal, accessory and complementary penalties in the Crimes and Penalties Law, and the ranges that apply unless a specific offence says otherwise.
Read the guideCriminal Sentencing
How courts move from the penalty range to the actual sentence: stay of execution, extenuating and aggravating factors and recidivism.
Read the guideSources
Source: Federal Decree-Law No. 31 of 2021 (Crimes and Penalties Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 7 September 2026. The Arabic text prevails over translations.
This page is general information, not legal advice.