The Crime of Manslaughter in UAE Law
What are the legal provisions related to manslaughter?
The concept of an unintentional crime is addressed by the legislator in Article 393 of the Penal Code, which stipulates:
“Anyone who mistakenly causes the death of a person shall be punished by imprisonment, a fine, or one of these two penalties.”
It is clear from this text that the legislator specifies the forms of error that lead to an unintentional crime. It is inferred that these forms of error also apply when addressing the crime of manslaughter in Article 393 of the Penal Code. Moreover, it should be noted that the crime of manslaughter shares the same elements of assault and material acts with intentional homicide.
The primary distinction between murder and manslaughter lies in the moral element. In murder, the law requires that the act be intentional, meaning the perpetrator has both the intent and knowledge of the criminal act (lethal assault) and the harmful outcome (death). In contrast, in manslaughter, there is no intent or will to commit the wrongful act or cause the harmful result (death).
In manslaughter, the occurrence of death and the causal link between the act and the death are of greater importance than in intentional homicide. If death does not occur or there is no causal relationship between the perpetrator’s actions and the death, then manslaughter cannot be established, whether in its complete form or as an attempt. This is because unintentional crimes do not recognize attempts.
The behaviour of the perpetrator in manslaughter is described as a mistake. Although the legislator does not explicitly define it, Article 393 outlines the forms of error. Jurisprudence defines the mistake as the perpetrator’s violation of the duties of care and caution mandated by law, failing to prevent the harmful result (death), despite the fact that it was within their power and duty to do so.
I. What is the criterion for breach of the duty of care?
For the crime of error to exist legally, the perpetrator must perform an act that breaches the duties of care and caution, which, had the perpetrator followed, would have prevented the death.
There are two emerging criteria used in criminal jurisprudence and case law:
1. The Subjective Criterion: The determination of whether the perpetrator violated the duties of care is based on the individual’s own level of caution. This criterion, however, has several disadvantages.
2. The Objective Criterion: This criterion measures whether the perpetrator’s actions violated the duties of care in comparison to the average person’s conduct, who would reasonably be expected to act cautiously.
II. What are the forms of fault in UAE legislation?
The legislator defines the forms of fault, which describe the perpetrator’s behaviour leading to death, as follows:
1. Negligence and Inattention: These two terms refer to a failure to take the necessary precautions required of anyone in similar circumstances. They represent a passive attitude that includes errors of omission, where the perpetrator fails to carry out a duty imposed on them.
2. Recklessness: This refers to the lack of skill, poor judgment, and lack of training. The perpetrator’s ignorance or mistake regarding the circumstances of the incident is central here.
3. Lack of Precaution: In this case, the perpetrator is aware of the potential harm of their actions but fails to anticipate the death that occurs because they did not use the necessary foresight. This is a positive error, where the perpetrator’s failure to consider the potential consequences results in death.
4. Failure to Observe Laws, Regulations, and Orders: This refers to a specific fault that can independently establish liability. It does not require proof of other incidents but focuses on violating laws, such as traffic regulations, that directly lead to death.
III. How is the relationship between the perpetrator and the material element of manslaughter established?
Liability for manslaughter is not established unless it is proven that the perpetrator is at fault. This moral element forms the basis of their responsibility. If there is no fault, then there is no liability, as the error occurs when the perpetrator breaches the duties of caution while performing their voluntary actions. These duties stem from the law, which mandates certain behaviours through legislation, regulations, and orders.
IV. What is the criterion by which the breach of duty of care and caution is determined in manslaughter?
It is important to identify the standard by which the breach of duty of care and caution is assessed. There are three potential standards:
1. Personal Standard: This evaluates the perpetrator’s behaviour based on their own personal circumstances and habits.
2. Objective Standard: This standard compares the perpetrator’s actions to those of an average, reasonable person, taking into account the circumstances surrounding the act.
3. Mixed Standard: This combines both personal and objective standards, assessing the behaviour of the perpetrator against the reasonable actions of an average person in similar circumstances.
VI. What is the penalty for manslaughter?
The crime of manslaughter is punishable by law, as stated in Article 393 of the Penal Code:
“Anyone who mistakenly causes the death of a person shall be punished with imprisonment and/or a fine.”
However, these legal provisions may require the expertise of a legal professional for detailed advice and assistance in drafting legal memoranda. Our centre offers specialized legal expertise in dealing with various types of cases.
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Mustafa Ahmed Abdulsalam
Ahkam Transaction Legal Consultancy.