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The Dubai Criminal Court convicted an accused (Gulf Arab) of drug use, and fined him 30 thousand dirhams for the crime of using narcotic substances, and refused to consider him a drug addict for the third time, because the two previous times he was convicted of were before the issuance and implementation of the new law, and the Public Prosecution charged the Gulf with drug use drugs for the third time.

In detail, the facts of the case, as established in the certainty of the court, and the investigations carried out by the Public Prosecution, stated that the accused is one of the subjects of the periodic examination program at the General Department for Drug Control in Dubai Police, and if he frequented the program according to the procedure followed, he handed over a sample for examination, and it was found that it contained two types. Of drugs, “hashish” and “tramadol”, and then a permission was obtained from the Public Prosecution to arrest the accused and bring him, and he admitted to using, noting that he did so under a prescription, which is the third time he has been arrested for drug use.

The accused, through his legal representative, argued during the case that the papers were devoid of warrants, and the accusation was common, as he lived in a shared residence and had a medical prescription.

For its part, the court confirmed in the merits of its ruling that the accusation of the accused is nothing more than an objective and unsound controversy that should be ignored.

Regarding the accusation against him regarding abuse for the third time, the court clarified the rule that the UAE legislator adopted a new doctrine in Decree Law No. 30 of 2021, which differs from the articles applied in the previous Law No. 14 of 1995, which is the imposition of a certain penalty for committing the offense of abuse for the first time, then Toughening it when it is committed for the second or third time or more, according to Article 41 of the new law.

However, the court added that the application of the new rule is restricted to committing crimes after the application of the new law, and not before its issuance, noting that it is not permissible to count the times of abuse that the accused was convicted of, whether a judgment was issued or not, because it falls outside the scope of the application of the new text, especially in light of Its difference with the provisions of the previous law regarding the criminalization of drug abuse.

And it concluded that it was clear from the papers that the accused had committed only one act of abuse under the new law, after she was reassured by his previous confession in the seizure report and the investigations of the Public Prosecution, and what was proven by the report of the General Department of Criminal Evidence, stressing that she was not satisfied with the medical prescriptions provided by him. It convicted him and fined him 30 thousand dirhams.

Repeated abuse in the new law

Article 41 of Decree-Law No. 30 of 2021, regarding drug control, deals with the issue of repeated use, and first stipulates that a penalty of imprisonment for a period of no less than three months or a fine of no less than 20,000 dirhams and not more than 100,000 dirhams, shall be punished: Abused in any way, or used personally in cases other than the authorized, or took in doses more than specified in the medical prescription, any narcotic substance, or in any way or personally used a plant listed in the Narcotics Schedule.

Article 41 in the second clause stipulates that if the offender commits any of the acts stipulated in the offenses of abuse for the second time, within a period not exceeding three years from the date of committing the act for the first time, the penalty shall be imprisonment for a period of no less than six months or a fine of no less than 30 One thousand dirhams, and not more than 100,000 dirhams.

The third clause stipulates that if the offender commits any of the acts stipulated in the first clause for the third time or more, the penalty shall be imprisonment for a period of no less than two years and a fine of not less than 100,000 dirhams.

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A Gulf man was convicted of drug use and fined 30 thousand dirhams – iNews.com.ng

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