The Penalty for Appropriating Another’s Property in the UAE

One of the most frequently asked legal questions concerns the crime of appropriating another's property and its penalty under UAE law. This inquiry primarily revolves around the prescribed punishment for this crime in the UAE Penal Code. My curiosity led me to explore the reasons behind the frequent questioning of this topic, despite the existence of numerous articles on the internet titled similarly to this one.

It soon became clear that these articles often do not address the crime of appropriating another’s property from its specific legal perspective. Instead, each focuses on different angles: some equate it with theft, others with fraud, or breach of trust. This divergence creates confusion and leaves researchers unsatisfied, as it highlights varying interpretations without providing clarity on the actual penalty.

Thus, this article aims to provide a clear and unambiguous explanation of the penalty for appropriating another’s property in the UAE, avoiding any subjective perspectives.

Understanding the Crime of Appropriating Another’s Property in the UAE

The differing views on the crime of appropriating another’s property—whether it constitutes theft, fraud, or breach of trust—stem from the fact that appropriation forms the material element of these crimes and other offenses against property in general.

Appropriation refers to the act of seizing another’s property without their consent and with the intent to claim ownership. By doing so, the perpetrator takes control of the property and appears as its owner. The method by which the appropriation occurs determines how the crime is categorized and subsequently penalized.

For example:

• If appropriation is carried out through fraudulent means, it is classified as fraud, and the perpetrator faces the penalty for fraud.

• If the act is concealed and surreptitious, it constitutes theft, subject to penalties prescribed for theft.

• If the property was entrusted to the perpetrator and they converted it to their ownership, it constitutes breach of trust, and the penalty aligns with that crime.

Appropriation in Theft

The UAE legislator defines theft in the Penal Code as the act of unlawfully taking movable property belonging to another. While "embezzlement" differs from "appropriation" in some legal writings, they are often treated as synonymous terms. In essence, theft is a form of appropriation but requires that the act be clandestine and involve movable property.

Penalties for theft-related appropriation are outlined in Articles 436–450 of the UAE Penal Code, with variations depending on the circumstances surrounding each case.

Appropriation in Fraud

The UAE legislator indirectly defines fraud in Article 451 of the Penal Code. Fraud involves the appropriation of movable property—either for personal gain or on behalf of another—accompanied by deceptive methods such as impersonating a false identity or using fraudulent tactics.

This description highlights that fraud is a specific form of appropriation that requires the use of deceitful methods to obtain another’s property.

The penalty for this type of appropriation is stipulated in Articles 451 and 452 of the Penal Code.

Appropriation in Breach of Trust

The UAE legislator outlines multiple forms of breach of trust, as stated in Article 454 of the Penal Code. These include acts of appropriation involving lost property or property mistakenly or forcibly entrusted to the offender, where the perpetrator is aware of the true owner.

This provision confirms that breach of trust, as described, is essentially a crime of appropriation. However, the appropriation in this case involves lost property, mistakenly entrusted property, or property in the perpetrator's possession by coincidence or force majeure.

The penalty for this form of appropriation is imprisonment for no more than two years or a fine of at least AED 20,000.

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