Self-Defence Under UAE Law: When Is the Use of Force Legally Justified?

UAE law permits self-defence against immediate threats, but the necessity and extent of force can determine criminal liability.

If you are attacked, can you use force to protect yourself? And what happens if you injure the other person in the process? When someone sustains an injury during an altercation, the circumstances must be examined to determine whether a criminal offence has been committed.

UAE criminal law recognises legitimate defence as a potential justification for conduct that might otherwise attract criminal liability. However, there are limits. Attempting to stop an immediate attack may be treated differently from continuing to use force after the threat has ended.

Understanding the principles of self-defence can help residents recognise the legal limits of protecting themselves and others.

Self-Defence Under UAE Law

The principal legislation governing criminal offences and penalties is Federal Decree-Law No. 31 of 2021 on the Crimes and Penalties Law, as amended. Article 58 addresses legitimate defence.

Whether this defence applies depends on the circumstances and the relevant legal requirements. Simply claiming that you felt threatened does not establish that your actions were justified. The circumstances and available evidence must support the defence.

The nature and immediacy of the threat, the necessity of the response and the extent of the force used may all be relevant. The overall circumstances must be considered.

For example, taking a weapon away from someone who is attacking another person could amount to legitimate defence, depending on the circumstances. However, hitting the attacker after they no longer pose a threat could raise a different legal question.

The key distinction is whether force was used to prevent harm or to retaliate. Self-defence is intended to address a threat, not to justify revenge.

Excessive Self-Defence

An important factor in assessing a self-defence claim is whether the response was justified. Being attacked does not mean that every subsequent action is lawful.

The circumstances of the threat, whether the attack was ongoing, the risk of injury, the necessity of the response and whether the confrontation had ended may all be relevant.

If someone hits you with a stick, for example, attempting to disarm them or using force to prevent further blows may support a claim of legitimate defence, depending on the circumstances. However, chasing the person after they have stopped attacking you could undermine that claim.

Every situation is different, and it would be misleading to suggest that a particular action is always permitted or prohibited without considering the facts and applicable law.

This distinction can be crucial in determining whether criminal liability arises.

Defending Another Person

The principles of legitimate defence may also apply when protecting another person. This could arise during a family dispute, a public altercation or an incident in which a bystander attempts to stop an assault.

You may have a legitimate reason to protect a child, family member, colleague or stranger. However, the circumstances must justify your actions.

You should be able to explain the threat you were attempting to prevent and why you intervened. Using force to stop an ongoing assault may be assessed differently from using force after the victim is safe and the danger has passed.

The law does not provide an unrestricted right to intervene in another person’s dispute. Each situation must be assessed in light of the evidence and applicable legal requirements.

The Importance of Evidence

Evidence can play an important role when the people involved give conflicting accounts of an incident. You may claim that you acted in self-defence, while the other party alleges that you committed an assault. Establishing what happened before, during and after the confrontation can help the authorities and the court assess the competing accounts.

CCTV footage can be particularly useful in establishing the sequence of events, showing what each person did and determining whether the confrontation was ongoing. Other evidence, including mobile phone recordings, photographs, witness statements, medical reports and relevant messages, may also help.

However, no single item of evidence is guaranteed to determine the outcome. A phone recording may not capture the entire incident, while a medical report may establish the extent of an injury without explaining how it occurred or whether the conduct was justified.

Evidence should be assessed as a whole, taking into account its reliability and consistency with other material. The admissibility of recordings may also depend on the applicable legal requirements and the circumstances in which they were obtained.

If you believe that evidence supports your self-defence claim, preserve it without alteration. If CCTV footage may be overwritten or deleted, it is important to seek its preservation promptly.

What to Do After a Violent Altercation

Your safety should be the first priority following a violent confrontation. Move away from the threat where possible, seek medical attention if necessary and contact the police when appropriate.

It is also advisable to identify potential witnesses and preserve relevant recordings, photographs, messages and other material. Medical records can help document injuries, while a clear account of the incident can assist your lawyer in assessing the evidence.

Avoid deleting potentially relevant material, attempting to influence witnesses or selectively sharing recordings. Such actions could complicate an investigation. Rather than posting your account on social media, provide relevant information through the appropriate legal channels.

If you are accused of assault or believe that your actions were justified by self-defence, seek advice from a UAE-qualified lawyer. A lawyer can assess the applicable legislation, available evidence and procedural position of your case.

It is also important to distinguish between the legal burden of proof and the practical need to identify evidence supporting a defence. An accused person does not necessarily bear the ultimate burden of proving self-defence in every criminal case. The applicable evidential rules and the significance of the available material must be assessed in the context of the particular proceedings.

Conclusion

Self-defence under UAE law depends on several factors. The circumstances of the altercation, the necessity of the response, the nature and extent of the force used and the available evidence can all affect whether the conduct was justified.

The central question is whether the force was used to protect oneself or another person from an immediate threat, rather than to retaliate after the danger had passed. Legitimate defence may protect a person from criminal liability when the legal requirements are satisfied, but it does not provide automatic immunity from assault charges.

Understanding these limitations and preserving reliable evidence can be important for anyone involved in a violent confrontation.

Frequently Asked Questions