The penalty for concealing items derived from a crime

By Legal Researcher: Sara Abdullah

In the realm of justice, responsibility for a crime does not stop at the one who committed it only, but extends to reach those who choose to be silent partners in the continuation of its effects. Concealing items derived from a crime is not just a passing act or a secondary action, but rather an extension of the crime itself that gives it a cover of disguise and hinders the hand of justice from reaching the truth.

From this standpoint, Federal Law No. 31 of 2021 in the United Arab Emirates came to set a clear limit for anyone who allows themselves to conceal a crime by hiding its proceeds, whether this is motivated by interest, loyalty, or even ignorance of the consequences of the act, in accordance with the provisions of the law, clarifying the legislator’s philosophy in combating crime from its roots and drying up its indirect sources.

The UAE legislator specified the penalty for concealing items derived from a crime in Article (456) of Federal Law No. (31) of 2021 on the issuance of the Crimes and Penalties Law:
“Whoever possesses or conceals items derived from a crime with knowledge thereof and without having participated in committing it shall be punished with the penalty prescribed for the crime he knows the items were derived from.
And if the perpetrator does not know that the items were derived from a crime, but obtained them in circumstances that suggest the illegitimacy of their source, the penalty shall be imprisonment for a period not exceeding six (6) months and a fine not exceeding twenty thousand (20,000) dirhams or one of these two penalties.”

The case shall also be terminated upon the termination of the case of the original crime from which the items were derived by reconciliation.
The court must order restitution if the items are public funds.

And in Article (457), the perpetrator under the previous article shall be exempt from punishment if he takes the initiative to inform the judicial or administrative authorities about the crime from which the items were derived and its perpetrators before it is discovered.
If the report occurs after the crime is discovered, the court may exempt him from punishment if the report leads to the arrest of the perpetrators.

In light of the aforementioned legal texts, we must be cautious so as not to contribute to the commission of the crime of concealing items derived from a crime.