Thus, the question raised by the criminal lawyers in Dubai here is to consider the criminal accountability of parties who merely supported in the commissioning of such crime and were not directly involved or parties who were directly involved but did not commit the crime. These individuals are legally termed as Accomplices who play different roles in assisting the perpetrator in his crime. In the foregoing act, all of them involved in the crime are divided into several categories such as the one who actually committed the crime, the one who encouraged the perpetrator to commit, however, was not present at the sight like D, the one who assist in the escape of the accused and the one who made the plan or who has the knowledge of such criminal act and kept quiet. The principle of accomplice depicts that an individual can be blamed for a crime committed by another person.
The act of accomplice is secondary in nature since there is a lack of direct involvement in the crime, the liability of an accomplice requires an intention to promote or facilitate the perpetrator of an offence. The requirement of intention guarantees that the assistant has a stake in the principal’s actions. Since the accomplice’s cognizant goal is that the crime is committed and thus helps the perpetrator, it is reasonable to hold the accomplice liable for the acts of principal. The reason behind blaming or imposing liability on the secondary actor stem from an inborn sense of justice.
As understood in criminal jurisprudence and Irish mob by experience of Dubai Lawyers that one who willingly participates or assists in the commission of a criminal act is equally liable as that of the one who commits the act and thus, deserves equal punishment. The nexus between liability and penalty is the basis of criminal law and justifies the principle of accomplice liability.
The scenario under UAE Penal Code UAE Federal Law Number 3 of 1987 regarding the Penal Code (the Penal Law) under chapter 3 provides for the concept of an accomplice or criminal conspiracy. The accomplice is defined under Article 44 of the Law as a person who commits a crime alone or acts as a direct accomplice shall be referred to as perpetrator of the criminal act.
However, in order to determine if the accomplice is direct accomplice the following instances must be considered: If he perpetrates the crime with another; If he assists or participates in a criminal act which is consist of several acts and he intentionally commits one; If he aids another person to commit such act and the latter is not responsible for this act for any reason.