The act of burglary is not uncommon in any country and is certainly considered as a crime in any part of the world and so in UAE. Entering into another person’s home without his/her consent is a wrongdoing. It can be further considered as invasion of privacy, theft, trespassing which is more or less dependent on the act committed by the burglar post breaking and entering. Despite the fact that law differs in most countries, it includes breaking into another person’s living arrangement so as to carry out a criminal act inside.
In most countries, the legislators impose strict penalties on criminals invading someone else’s house, as primarily it is a breach of privacy. Most importantly, such harsh penalties are majorly used as a deterrent for criminals as in any natural circumstance; a person who will encounter an intruder in his house will utilize all means to protect himself or his family, which may lead to a violent act.
In most cases and under most legislation issued by countries worldwide, the act of burglary is completed as soon as the accused break-enters someone else’s house without consent, with or without an intention to commit any further crime.
Difference in Trespass and Burglary
Although both the criminal activities involve entering someone else’s dwelling without the owner’s consent, yet they are two different criminal acts and has different legal implications. In simple legal jargon, the criminal act of burglary means illegally entering a dwelling with a specific intention to commit a crime (mostly theft). On the other hand, a criminal trespass is when the intruder enters a property without consent and remains in the property even after knowing that his presence is unwelcomed.
The key element in both the crimes is Intent, where the intention in burglary is to enter and commit a further crime and in criminal trespass is to enter without consent and remain in the property even after being asked to leave.
UAE Penal Code
The Federal Law Number 3 of 1987 regarding UAE Penal Code regulates all major or minor crimes committed within the country and lays the down the punishment for the same. The Penal Code has laid down punishments for theft and any attempt to commit theft and especially in cases of theft committed in a residential place; however, it is not clearly referred to as burglary.
The crime of theft is punishable with an imprisonment of a maximum three years, but not less than six months and/or fine. However, an attempt to commit theft is punishable with an imprisonment for a term of 18 months (maximum) and/or fine. Any theft would be considered as an aggravated offense if the intruder were accompanied with a weapon with an intention to cause any bodily harm to the victim. In addition, theft (burglary) will be considered as an aggravating offense resulting in severe penalties, if such criminal act was committed in a dwelling, a place of worship, banks, schools or any public place and the punishment would entail imprisonment for a minimum term of one year.
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