UAE criminal judges start with the plurality rules in Federal Decree-Law No. 31 of 2021. They ask whether the case shows one act that breached several provisions or several distinct acts inside the same episode. That choice drives how many penalties apply and how they run.
Here is the core framework they use:
- Ideal plurality. One act violates multiple provisions. The court applies the harshest penalty and does not add lesser ones.
- Real plurality. Several acts occur in the same incident. The court may aggregate penalties but stays within set caps. As a guide, the total should not exceed double the maximum for the gravest offense.
- Concurrent vs consecutive terms. UAE law does not fix a rigid rule. Judges apply the totality principle to keep the outcome proportionate. Linked acts from one transaction often run concurrently. Separate and truly distinct acts can run consecutively within legal limits.
- Discretionary factors. Courts weigh aggravating and extenuating factors, any repeat offending, and the defendant’s overall criminality before fixing the structure of the sentence. The aim balances punishment with rehabilitation.
- Execution rules. Pretrial detention is deducted from the total under Article 296. Where penalties of different types appear, Article 302 guides how to adjust and align them.
How judges choose concurrent or consecutive terms
- Concurrent when crimes arise from a single transaction or closely connected conduct. This keeps the total proportionate to the real offending.
- Consecutive when offenses are distinct or unrelated. Even then, courts avoid totals that exceed the statutory caps tied to the most serious crime.
Two quick examples
- One act, many labels. A driver sends one falsified document that breaches forgery and IT misuse provisions. The court imposes the severest single penalty and does not add the rest.
- Several acts in one episode. In a 30-minute brawl, a defendant commits assault on two victims and destroys property. The court may add terms but will cap the total near twice the maximum for the gravest count, apply credit for remand, and often run linked counts together.
Practical steps if you face multi-count charging
- Map the acts. Separate each physical act from legal labels. Argue for ideal plurality when the facts show one act.
- Rank the counts. Identify the gravest offense and its maximum. Use this to challenge any excessive aggregation.
- Press totality. Ask the court to structure concurrency for connected counts and to keep any consecutive terms within proportion.
- Apply credits and mix rules. Seek deduction of remand time under Article 296 and fair alignment of different penalty types under Article 302.
- Argue mitigation. Present extenuating factors and rehabilitation plans to support a unified and fair sentence.
Smart charge mapping and clear submissions on totality move cases from stacked exposure to measured outcomes. That is how you turn a messy indictment into a manageable sentence plan.
‘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.
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