Does psychological illness excuse my suicide attempt?
q I’ve been having family problems and I’m in a bad psychological state. I tried to commit suicide and was arrested. Can my condition help me to avoid jail or mitigate my sentence?
a According to Article 60 of UAE Federal Criminal Law No 3 of 1987 and its amendments, “a person shall not be criminally responsible if, at the time of crime, he was unconscious or out of his senses because of madness or mental handicap, or because of unconsciousness caused by drugs, narcotics or intoxicants of any, whether given to him forcibly or taken by him unknowingly, or for any other cause which has been scientifically proven to obliterate comprehension or will”. This means that there are two psychological states that a judge must consider: whether a person is conscious and in control of his actions or whether he is unable to control his actions totally. If the latter is the case, the person would not be liable for an act such as a suicide attempt. The court has the discretionary power to determine the psychological status of the accused, with the help of medical reports and interviewing the defendant and witnesses. If you are able to prove that you were unable to control yourself, the court may decide that you are not liable for your actions and the case would be dismissed.
My husband and I are from Africa, and he has been arrested for having khat in his bag at the airport. What is the legal status of it in the UAE and what will happen to my husband?
Possession of khat – a plant native to the Horn of Africa and the Arabian Peninsula, which when chewed acts as a stimulant – is illegal in the UAE. Under the Drugs Law No 14 of 1995 and its amendments, the punishment for narcotics possession is a jail sentence of not less than two years. But the judge has discretionary power under Article 42 of the law, so the sentence could be replaced with one of the following penalties: rehabilitation at an addiction treatment unit or rehabilitation centre set out in Article 4 of the drugs law, a fine of up to Dh10,000 or community service. You should note it is very likely that his sentence will include deportation.