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orgery of Documents under the UAE Law on Crimes and Penalties: Definition, Methods, and Penalties
The legal meaning of document forgery and its required elements
Federal Decree-Law No. (31) of 2021 Promulgating the Law on Crimes and Penalties provides a specific definition of document forgery and makes it dependent on altering the truth in a document by one of the legally defined methods, in a manner capable of causing harm, together with the intention to use the forged document as if it were genuine. This concept therefore rests on interconnected elements: the material act of altering the truth, the potential harmful impact, and the special intent to use the document as a valid instrument. This definition forms the foundation for the remaining rules and penalties governing forgery and the related offenses of using forged documents or unlawfully benefiting from valid documents.
Methods of forgery recognized by the law
Article (251) – Federal Decree-Law No. (31) of 2021 sets out the methods by which forgery may be committed. These include making alterations to an existing document by addition, deletion, or modification of writing, numbers, marks, or images contained in or on it. Forgery also includes placing a forged signature or seal, or altering a genuine signature, seal, or fingerprint, showing that forgery may target authentication elements as well as the text itself. It is likewise considered forgery to obtain—by surprise or fraud—a person’s signature, seal, or fingerprint where that person is unaware of the document’s contents or has not given valid consent. The provision further covers fabricating a document or imitating it and attributing it to another person, as well as filling in a blank document that was signed, sealed, or fingerprinted without the consent of the owner of the signature, seal, or fingerprint, addressing the risk of misusing signed blank papers. Forgery also extends to impersonating a person or substituting identities in a document prepared to prove identity, and to distorting the truth in a document at the time of its preparation regarding what it is meant to prove, confirming that forgery may occur during the document’s creation, not only afterward.
Penalties depending on whether the document is official or non-official
The law draws a key distinction between official and non-official documents for penalty purposes. Article (252) – Federal Decree-Law No. (31) of 2021 provides that forgery of an official document is punishable by temporary imprisonment for a term not exceeding ten (10) years, while forgery of a non-official document is punishable by detention (imprisonment). This reflects stricter protection for official documents due to the public trust and formal reliance attached to them, while still criminalizing the forgery of private documents with a lesser penalty.
Forgery and use of copies of official documents
Criminal liability also extends to copies when linked to use. Article (253) – Federal Decree-Law No. (31) of 2021 punishes by temporary imprisonment for a term not exceeding five (5) years anyone who forges a copy of an official document where that copy is used, or anyone who uses a forged copy of an official document while knowing it is forged. If the copy relates to a non-official document, the penalty is detention (imprisonment). This demonstrates that the law treats forged copies of official documents as particularly dangerous when they enter into actual use or are knowingly used, because copies can function as substitutes for originals in practice.
Definition of official and non-official documents
The law establishes a clear criterion for an official document. Article (254) – Federal Decree-Law No. (31) of 2021 provides that an official document is one that a public officer or a person entrusted with a public service is competent, by virtue of his position, to prepare, participate in preparing in any manner, or confer official status upon. Any other document is considered non-official. This definition determines the boundary between the two categories and forms the basis for the differences in penalties.
Medical certificates: criminalizing the issuance of forged certificates
A specific provision addresses certificates related to the medical profession. Article (255) – Federal Decree-Law No. (31) of 2021 punishes by temporary imprisonment for a term not exceeding five (5) years any doctor or midwife who issues a forged certificate or statement concerning pregnancy, childbirth, illness, disability, death, or any other matter connected to his profession, while knowing it is forged, even if the act occurs due to a request, recommendation, or mediation. The provision emphasizes that knowledge is essential and that social pressure or intercession does not negate liability.
False statements in proceedings relating to death, inheritance, or compulsory wills
The law also addresses false statements made in certain formal proceedings. Article (256) – Federal Decree-Law No. (31) of 2021 provides that a person who, before the competent authority issuing the official certificate, makes incorrect statements in procedures relating to the verification of death, inheritance, or compulsory will—whether he is ignorant of their truth or knows they are false—shall be punished if the certificate is issued based on those statements. The penalty is detention for a term not exceeding two (2) years or a fine not exceeding AED 10,000, showing that liability is tied to the impact of such statements on the issuance of the certificate.
Providing incorrect personal data in judicial or administrative investigations
Article (257) – Federal Decree-Law No. (31) of 2021 punishes by detention for a term not exceeding two (2) years or a fine not exceeding AED 50,000 anyone who provides incorrect personal information in a judicial or administrative investigation. The same penalty applies to anyone who submits false personal information to a public officer during or in connection with the performance of his duties. This confirms that accuracy of personal data is protected not only in investigations but also in direct dealings with public officials in the course of their work.
Using a forged document or unlawfully using a genuine document
Because forgery commonly manifests through use, Article (258) – Federal Decree-Law No. (31) of 2021 provides that anyone who uses a forged document while knowing it is forged is punished by the penalty prescribed for forgery, depending on the circumstances. The same penalty, as applicable, also applies to anyone who uses a genuine document or its copy in the name of another person, or benefits from it without right. This reflects that the law does not confine the harm to the act of forgery alone, but also criminalizes the misuse of genuine documents, whether by using them under another person’s name or by unlawfully benefiting from them.
Scope of application and the exception for special penal laws
Finally, Article (259) – Federal Decree-Law No. (31) of 2021
provides that the provisions of this section do not apply to instances of forgery that are regulated under special penal laws. This establishes a rule on scope, ensuring that where other penal legislation contains special forgery provisions, those special rules will govern the relevant cases.
Piter Bowman
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