The legislative policy to combat the crime of begging in UAE law.

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

The research aimed to demonstrate the adequacy of the legal texts in the UAE legislation to confront all the means taken or invented by the perpetrators in committing the crime of begging, and the extent of the legislator’s ability to rationalize the punitive policy established for the purpose of reducing the effects of the crime of begging. The research relied on the inductive and analytical approach, in order to During the extrapolation and analysis of the legal texts related to the crime of begging contained in Federal Decree Law No. (31) of 2021 regarding crimes and punishments, the research reached several results, the most important of which is that the punitive response to the crime of begging stipulated in the Federal Decree Law regarding crimes and punishments is insufficient for deterrence of both general and specific types. The reduction of this dangerous phenomenon is that the punishment imposed on the perpetrator is considered a short-term custodial sentence and is not sufficient to implement a deterrent, corrective and corrective program for beggars, in addition to the fact that it is not sufficient to warn others against committing such a crime. Rather, it may have an adverse effect, and thus it will not be achieved. General deterrence, and specific deterrence is not achieved by inflicting this punishment, because the element of pain is not present in the three-month period for the convict. Indeed, some categories of convicts may underestimate the short-term punishment and go too far by taking the act of begging as a profitable means of earning money. The research recommended adding a clause to The text of Article (475/2) of the Federal Decree Law on Crimes and Punishments stipulates that professionalization of the act of begging is considered one of the aggravating circumstances of punishment for committing the crime of begging.

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