Every individual has the right to seek legal protection and file a complaint when they believe a wrong has been committed. When the legal process is misused to make false accusations, harass others, or cause unjust harm, it can itself become a serious offence. The abuse of the right to prosecute not only harms innocent individuals but also undermines the basic principles of the justice system. False reporting refers to the act of intentionally filing a false complaint or giving misleading information to the authorities with the aim of causing legal action against another person based on a fabricated claim.

Criminal Law Perspective

Under the Federal Decree-Law No. (31) of 2021 (Crimes and Penalties Law) false police reporting is considered as a criminal offense. Article 324 discusses about false reporting of non-existent crimes. This article applies when a person:

  1. Reports a crime that never happened;
  2. False incidents or hazards and;
  3. Fabricated complaints to judicial or administrative authorities.

The main element here is that there is knowledge that the reported crime has not been committed.

Whereas Article 325 is when false accusation made with bad faith against a specific person. Where a person:

  1. is falsely accused by another person of a punishable offense;
  2. acts in bad faith and with malicious intent;
  3. submits false evidence against someone or causes legal action to be taken against a person known to be innocent.

Even if no criminal case is ultimately filed, the act itself may still amount to an offence. The most important factor under Article 325 is bad faith.

Civil Law Perspective

In the Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code the article 136 applies when a person:

  1. files a lawsuit with bad faith
  2. submits a claim knowing it has no real basis
  3. uses court procedures to harass, pressure, or financially harm the other party
  4. files unnecessary motions or applications for malicious purposes

The court has the right to penalize the party who abuses their litigation rights.

UAE Court Approach – Importance of Bad Faith

The court of first instance in one of the cases where the complainant fled a case against two people of malicious prosecution and in that one of them was a witness. The witness argued that his statement was taken after being manipulated by the police officer recording it, taking advantage of his lack of Arabic knowledge and the absence of a translator. The policeman asked for bribery to drop the charges of false accusation charges.

The Court of First Instance acquitted the witness, finding that there was no bad faith or criminal intent on his part when giving his statement. The court emphasised in this case that in a false accusation case the most important factor is bad faith. There must be clear proof that the person knowingly made a false allegation with the intention of harming another.

Penalties and Compensation for False Complaints and Malicious Prosecution under UAE Law

Criminal Penalties

  1. Article 324 – Imprisonment for up to six months and/or fine.
  2. Article 325 – Imprisonment and/or a fine. If the false accusation relates to a felony, the punishment becomes more severe. If the false report results in the innocent person receiving a felony punishment, the false accuser may receive the same punishment imposed on the innocent person.

Civil Penalties

  1. Article 136 – The court may also impose a fine between AED 1,000 minimum– AED 10,000 maximum.
  2. Broader compensation claims for malicious prosecution generally comes under the UAE Civil Transactions Law through the doctrines of harmful acts, abuse of rights, and unlawful harm.

Conclusion

The right to file a case and seek justice is granted to every individual. However, these rights must be exercised in good faith and without any malicious intent. Courts give utmost importance to bad faith in cases of malicious prosecution. There are laws addressing malicious or false complaints under both civil and criminal law. Individuals who misuse legal procedures may face imprisonment, fines, and compensation claims. The justice system protects innocent people who have not committed a crime, just as it allows victims to seek justice for wrongdoing.

Our team at Ayesha Al Dhaheri Advocates and Legal Consultants provides dedicated legal support in matters involving false complaints, malicious prosecution, and abuse of litigation rights under UAE law. We assist clients in handling criminal accusations involving false reporting, false evidence, and bad faith complaints, as well as civil claims arising from malicious litigation, wrongful travel bans, asset freezes, and abuse of legal procedures. Our firm advises on both criminal and civil remedies, including defence against false accusations, compensation claims for wrongful proceedings, and legal representation before courts and authorities across the UAE.