Incitement to Drug Abuse and Involving Others in its Offences
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First of all, the legislator was very concerned to protect the individual from the drugs’ entrapment and all its illegal activities. The first step for this entrapment is incitement the individual receives for abusing drugs. Therefore, the legislator enacted Article (44) of the Federal Law number 14 of 1995 which states:
The penalty of imprisonment for a period of not less than five years and a fine of not less than twenty thousand dirhams shall be imposed on anyone who has induced or incited another person to commit any of the offences indicated in articles 39, 40 and 41, or has facilitated for that person the perpetration of such offences in any manner.
Accordingly, imprisonment for a period not less than five years in addition to the fine is the punishment of any person induces or incites to the offence of abuse and possession with intention of drugs’ abuse and personal use for the drugs and psychotropic substances, and the legislator considered as aggravating circumstance; occurrence of the offence of inducing, inciting and facilitating the drugs’ abuse in specific cases, mentioned in Article (44) as follows:
The occurrence of the inducing, inciting or facilitating of an offence in places of public gatherings or the involvement in the offence of a female, a juvenile, a mentally ill person or a person in an apparent state of drunkenness or narcosis shall be considered an aggravating circumstance.
The legislator considered the drugs’ abuse in these cases an aggravating circumstance for its bigger effect and more serious risk on the victim as the case of the offence occurrence to a juvenile or a female, or as a result of the complete absence of the victim’s awareness as in drunkenness, anesthesia or the mental illness which results in the inciting person full liability for the drunk person or the mentally ill person turning into a drug addict.
In case the offender induces and incites to the drug abuse with the aim of harming the victim, and this results in harming the victim verily, the punishment becomes severe in this case and suits amount of harm affects the victim, and this upon Article (45) of the Federal Law number (8) of 2016 which states:
If the offender has committed any of the offences referred to in Article (44) of this law, with the intention of causing harm to a person who perpetrated the offence before him and thereby caused harm to that person, the offender shall be penalized by imprisonment for a term of not less than seven years and a fine of not less than twenty thousand dirhams. In the event of serious harm, the penalty shall be imprisonment for a period of not less than ten years and a fine of not less than twenty thousand dirhams.
If the harm is serious, the punishment shall be imprisonment for a period not less than ten years and not more than fifteen years and a fine not less than (20.000) twenty thousand dirhams.
The penalty shall be the capital punishment if the offence the offence resulted in the death of the victim. (with considering provision of Article 54).
It is clear from provision of the article that the punishment accelerates from imprisonment, a period not less than seven years to imprisonment for a period not less than ten years and shall not exceed fifteen years in the case the harm is severe, and the penalty shall be the capital punishment in case of the victim’s death, without prejudice to his heirs’ right for claiming for his blood money.
We find in some cases that the victim involvement in the drugs’ offences is not executed by inducing or inciting, but without awareness of the victim such as the offender putting drugs in the victim’s food or drink, or to make him use drugs without his knowledge that they are drugs, and the legislator determined penalty of this offence in Article (45 bis) of the Federal law number (8) of 2016 which states:
1- Whoever puts any of the narcotic or psychotropic substances, stated in any of the tables attached to this law, in others’ drink or food or makes them doping such substances without their knowledge of what they are, shall be sentenced to a period of not less than five years in prison.
Upon the second paragraph of this Article, the punishment of these acts are aggravated to be imprisonment for a period not less than seven years, and this in case the aim of this act is to commit an offence against the victim or to make him a drug addict, as the offender intends to exploit the state of unawareness following taking drugs in committing an offence against the victim such as signing official documents or exploiting the victim sexually or otherwise, as this paragraph states that:
2- The offender shall be sentenced to a period not less than seven years in prison if the acts stated in the first paragraph of this article were done with the intention of committing a crime against the victim or making them addicted to such substances.
In case the purpose of the offender has been realized means that he managed to commit an offence against the victim or the victim became a drug addict, the third paragraph determines the punishment for that:
3-If the offender committed a crime against the victim or caused them addiction to narcotic or psychotropic substances, they shall be sentenced to life imprisonment.
But if this act has ended with death of the victim, the law has determined the capital punishment for the offender in this case, upon the fourth paragraph:
4- If the acts stated in the first paragraph of this article resulted in the death of the victim, the offender shall be sentenced to death.
From the cases that may happen in the drugs’ world that is forcing the victim to take drugs, and we may estimate the aim of the offender in this case with turning the victim to a drug addict, and then he becomes a tool in the offender’s hands and helps him in his illegal acts, and the state of forcing another person to take drugs is stated upon in the fifth paragraph:
5-Any person who coerces another person to use narcotic or psychotropic substances shall be sentenced to life imprisonment.
In another state, not strange for the drug dealers, they transfer its possession to another person who does not know about the drugs. A drug dealer may send a quantity of drugs in a traveler’s bag to another country without knowing that what he carries in his bag is only drugs, and punishment of this act is determined by the sixth paragraph:
6- Imprisonment shall apply to any person who deliberately transfers the narcotic or psychotropic substances stated in the tables attached to this law and results in the possession of such substances by others without their knowledge of what the substances are.
From the aforementioned, it is clear that the legislator in the United Arab Emirates incriminates all aspects of the illegal activity related to drugs and psychotropic substances, and as law incriminates drug abuse it incriminates inducing and inciting to using drugs, and it incriminates as well any activity that may involve another person in the drug offences and determined a penalty for each act according to the harm affects the victim, according to seriousness of the act, and according to the criminal results out of the offender’s act.
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