The Complementary Penalties Enforced to Combat Corporate Crimes in UAE Law
Naser Al-Sherman1, Ahmed Moustafa Aldabousi2
https://doi.org/10.62271/pjc.16.3.635.648
Introduction
The study delves into corporate crimes, a distinct category from typical crimes, as they intersect with various economic and financial realms. This divergence from conventional criminal law norms has reshaped perspectives on privacy, criminalization, and punishment. A corporation represents a collaborative endeavour for profit among individuals, pooling resources and sharing gains or losses across diverse economic sectors like commerce, finance, industry, agriculture, and real estate. Legislation governing corporate crimes emphasizes
actions over omissions, often categorized as negative crimes. Many don’t necessitate specific criminal outcomes, classified as crimes of danger. Moral culpability in corporate crimes is diminishing, focusing more on offender conduct for evidence, challenging traditional burden of proof principles. The UAE’s legal approach adopts a deterrent strategy, favouring fines over imprisonment for corporate wrongdoing. Complementary penalties like confiscation, business
closure, or license revocation augment primary penalties, raising questions about their effectiveness against complex corporate offenses.
Keywords: Commercial Companies, Complementary Penalties, Confiscation, Licensing.