Physical Coercion (Imprisonment for Non-Payment of Fines)

Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants.

In many instances, criminal courts impose fines or financial penalties on convicted individuals. Numerous provisions in the UAE Penal Code and related criminal laws stipulate punishment by fine, or by imprisonment and fine, or even imprisonment in lieu of a fine.

But what happens when a convicted person is unable to pay the imposed fine?

According to the Federal Law on Criminal Procedure, the solution lies in the mechanism of physical coercion, which allows the imprisonment of the convicted person at a rate of one day for every one hundred dirhams of the unpaid fine, provided that the total period of imprisonment does not exceed six months.

The law specifies the duration of physical coercion as follows:

• If the fine does not exceed AED 20,000, the term of imprisonment may not exceed 60 days.
• If the fine exceeds AED 20,000 but does not exceed AED 50,000, the term may not exceed 120 days.
• If the fine exceeds AED 50,000, the term may not exceed six months in all cases.

It is evident that the UAE legislator adopted a humane and balanced approach toward convicted persons facing financial penalties. By limiting the maximum duration of physical coercion to six months, the law ensures that such punishment remains proportionate and does not permanently disrupt the individual’s life. After completing the period of imprisonment, the convicted person can return to normal life, resume work, and reunite with family, without being indefinitely burdened by financial incapacity.

This approach reflects the legislator’s intent to balance justice and compassion, ensuring that the enforcement of penalties maintains both the deterrent effect of criminal sanctions and respect for human dignity.