Property offences are the most frequently reported to the prosecution — and the most frequently mischaracterised. The distinction between theft, breach of trust and fraud does not rest on the value of the property, nor on the offender's intent alone, but on the route by which the property came into his hands. From that single distinction flow the applicable article, the penalty, the competent court and the effect of any waiver.
This article indexes the offences against property set out in the Federal Crimes and Penalties Law and its amendments, arranged in the order of the Law itself, stating for each offence the applicable article and its classification. It forms part of a series covering the offences of the Law in full, each offence having its own dedicated article detailing its elements, its penalty and the defences available.
Legislative reference: Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law, issued on 20 September 2021, published in Official Gazette No. 712 of 26 September 2021, in force as of 2 January 2022, and its amendments. The offences against property appear in Part Eight of Book Two of the Law, in Articles 435 onwards.
The test of distinction: Theft is the taking of movable property owned by another out of its holder's possession without his consent. Breach of trust is the dissipation of property handed to the offender with its owner's consent under one of the contracts of trust. Fraud is obtaining property by a consent vitiated by deception. The test is therefore how the property reached the offender's hands, not what he did with it afterwards.
Methodological note: The article numbers set out below are taken from the text of the Law. The classification of each offence is determined by the type of penalty prescribed in the article: a felony is punishable by death or by life or temporary imprisonment; a misdemeanour by detention or by a fine exceeding 10,000 dirhams; and a contravention by confinement or by a fine not exceeding 10,000 dirhams. A single article may set out several forms carrying differing penalties, in which case the predominant classification is stated. This index does not cover matters governed by special laws, such as dishonoured cheques, cyber fraud and money laundering, each of which has its own dedicated article.
I. Theft and its Forms
1Aggravated theft with all statutory circumstances combined
Article 436Felony
2Theft on a public road or in a means of transport
Article 437Felony
3Theft by coercion or threat of using a weapon
Article 438Felony
4Theft at night by two or more persons, one of them armed
Article 439Felony
5Theft of weapons or ammunition of the armed forces or police
Article 440Felony
6Theft at night or by a person carrying a weapon
Article 441Misdemeanour
7Theft by an employee at his workplace or to his employer's detriment
Article 441Felony
8Theft in places of worship, dwellings or means of transport
Article 442Misdemeanour
9Simple theft
Article 443Misdemeanour
10Misappropriation of telecommunications and government services
Article 444Misdemeanour
11Use of a vehicle without the owner's permission
Article 447Misdemeanour
II. Coercion, Extortion, Fraud and Breach of Trust
12Obtaining a deed by force or threat
Article 449Felony
13Extortion by threat to obtain money or property
Article 450Misdemeanour
14Fraud
Article 451Misdemeanour
15Disposing of property not owned by the offender
Article 451Misdemeanour
16Exploiting the need of a minor or an interdicted person
Article 452Misdemeanour
17Breach of trust
Article 453Misdemeanour
18Appropriation of lost property or property received by mistake
Article 454Misdemeanour
19Misappropriation of mortgaged or attached property
Article 455Misdemeanour
20Concealing items obtained from a crime
Article 456Felony or misdemeanour
III. Usurious Lending and Gambling
21Lending at explicit or concealed interest
Article 458Misdemeanour
22Habitual lending at interest
Article 459Felony
23Gambling
Article 461Misdemeanour
24Opening, running or organising a gambling venue
Article 462Felony
IV. Destruction of Property and Offences against Crops, Animals and Possession
25Destruction of another's property, movable or immovable
Article 464Felony or misdemeanour
26Destruction of trees and crops
Article 465Felony or misdemeanour
27Destruction of agricultural machinery and implements
Article 465Felony or misdemeanour
28Killing livestock or beasts of burden or seriously harming them
Article 466Misdemeanour
29Destroying or poisoning fish
Article 466Misdemeanour
30Leaving an animal loose in dangerous circumstances
Article 466Misdemeanour
31Destroying or removing boundary and survey markers
Article 468Misdemeanour
32Killing or poisoning a domestic or tamed animal
Article 471Misdemeanour
33Overworking, torturing or mistreating a pet animal
Article 472Contravention
34Negligently wounding a beast of burden or livestock
Article 473Contravention
35Violation of the sanctity of another's property
Article 474Misdemeanour
V. Begging
36Begging by solicitation
Article 475Misdemeanour
37Running organised begging or recruiting persons for it
Article 476Misdemeanour
38Participating in organised begging
Article 477Misdemeanour
Practical conclusion: In property offences the characterisation is determined by the route the property took into the offender's hands and by the circumstance accompanying the act — and that is where the defence begins: settle the characterisation and the article number first, then address possession, intent and the extent of the loss. The first thing to ask for upon receiving any summons is the legal characterisation and the report number.
Have you received a summons or a report in a property case? The team of AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS reviews the legal characterisation and builds the defence from the record of preliminary enquiries, and represents clients before the Public Prosecution and the courts at every level.
Frequently Asked Questions
QWhat is the practical difference between theft and breach of trust?
The test is how the property was transferred. In theft the offender takes the property out of its holder's possession without consent; in breach of trust it was handed to him with the owner's consent under a contract of trust — deposit, lease, pledge or agency — and he then dissipated it or refused to return it. That distinction bears directly on the applicable article and on the penalty.
QWhen does the penalty for theft reach life imprisonment?
When the circumstances enumerated by the Law are combined in the same act: that it occur at night; by two or more persons; one of them carrying a weapon; in an inhabited place entered by scaling, breaking, using counterfeit keys or impersonating a capacity; and by coercion or threat of using a weapon. If any one of them is absent the penalty is mitigated accordingly.
QDoes the victim's waiver bring property cases to an end?
Not in every case. The legislator did, however, attach a particular effect to theft, fraud, breach of trust and the concealment of items obtained from them where the victim is the offender's spouse, ascendant or descendant: the Public Prosecution stays execution of the custodial penalty upon the victim's waiver or settlement with the convicted person.
QDoes this index cover cheque offences and cyber fraud?
No. It is confined to the offences against property in the Federal Crimes and Penalties Law. Dishonoured cheques, fraud committed through electronic means and money laundering are each governed by a special law and have their own dedicated articles in the series.
Legal Disclaimer
This article has been prepared to disseminate legal culture and strengthen public awareness. It does not constitute legal advice nor an opinion on any particular set of facts, and no relationship of retainer or representation arises from reading it. The names and classifications set out in the lists are concise and indicative and are no substitute for reference to the text of the article itself. The outcome of each case differs according to its facts, its documents and the provisions applicable at the time it is heard. This article is based on Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law and its amendments in force as at the date of publication, and reference to a licensed lawyer is advised before taking any step. Where translated versions exist, the Arabic text prevails in the event of any discrepancy.
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