The UAE courts can freeze them now and take them later. That surprises people, but it’s the reality I see across fraud, AML, drugs, and cyber cases.
Why this matters right now
Authorities move fast: they can seize or freeze property during investigation to preserve evidence or suspected proceeds, then the court can confiscate on conviction—and sometimes even when the owner isn’t the accused, depending on the item and the law.
What I’ve seen in practice
I’ve handled files where a car, a phone, or a bank balance became the “instrument” or “proceeds” of crime. The pattern is consistent: early seizure to lock things down; final confiscation if the link to the offence is proven. Good-faith owners (think rental companies) can still fight for return—but timing and evidence are everything.
Seizure vs. Confiscation (Plain English)
- Seizure = temporary control during investigation or trial. It preserves evidence or suspected criminal property. Ownership doesn’t change, but you can’t use or dispose of it until the court decides.
- Confiscation = final penalty in judgment. Ownership transfers to the state without compensation once liability is decided.
Timing: seizure comes first (often pre-conviction); confiscation typically follows a conviction—though some regimes allow confiscation even if the perpetrator is unknown, once the property’s criminal link is established.
Third-party rights: good-faith owners can apply for return; the law protects them against losing property for someone else’s crime.
When can the court order confiscation?
Courts must or may confiscate on conviction when property is:
- Proceeds of crime (e.g., funds from fraud, bribery, drugs, money laundering).
- Instruments/means used or intended for the offence (vehicles, phones, computers, etc.).
- The direct subject of the crime (e.g., trafficked items, counterfeit goods).
If dirty money was mixed with clean assets or converted (say, into real estate), courts can still confiscate the tainted value or order an equivalent-value fine.
Legal hook: Article 83 of the Penal Code empowers the court to confiscate property used in, intended for, constituting, or resulting from the crime—and makes confiscation mandatory for items whose very possession is criminal; if the items can’t be seized, the court may impose a fine equal to their value.
Can vehicles and similar assets be taken?
Yes. Vehicles, boats, and other transport can be confiscated if used to commit the crime, intended to be used, or bought with criminal proceeds (drugs, AML, organized crime). Even before judgment, they can be seized or frozen and placed under a disposal ban; innocent owners can argue for return.
Example: A car allegedly used to transport drugs may be seized at arrest; if the court later convicts and finds it was an instrument of the crime, it can be confiscated—unless it truly belongs to a good-faith third party, who can secure its return.
Quick guide: Criminal vs. Civil/Non-Conviction Forfeiture
- Criminal forfeiture: follows a conviction; focuses on proving the crime and the property’s role; may include an equivalent-value fine if property is unavailable.
- Civil/non-conviction forfeiture: can run independently (e.g., suspicious AML assets), with freezing and possible forfeiture after separate proceedings.
What you should do (practical steps)
- Map the link: Document how the property is (or is not) connected to the offence—proceeds, instrument, or subject? This shapes your defence and any third-party claim.
- Act early on seizure: File for return or variation of the disposal ban if you’re a good-faith owner; delay weakens your position.
- Prepare for value-based exposure: Even if the asset is gone, courts can order equivalent-value fines; plan liquidity and settlement strategy accordingly.
- Anticipate transport risks: If a vehicle could be viewed as an “instrument,” build evidence of legitimate use and ownership separation (leases, logs, policies).
- Separate clean from tainted: Trace lawful funds to counter “mixing” arguments that enable value-based confiscation.
Bottom line: If your property is linked to a crime, expect quick seizure and possible final confiscation. But here’s the thing—you’re not powerless. Move fast, document ownership, and use the legal protections for good-faith parties to protect what’s yours.
Disclaimer: This article is for general information only and does not constitute legal advice. The author assumes no responsibility or liability for actions taken based on its contents. For advice on your specific situation, consult a qualified lawyer.
Call Lawyers at +971506531334 +971558018669
https://www.lawyersuae.com/
