A verdict obliges a fraudster to return 40 thousand dirhams to his victim

The Dubai Court of Appeal upheld a ruling by the Misdemeanor Court convicting an Asian of fraudulently seizing someone else’s money and sentencing him to a fine of AED 5,000 in addition to AED 30,000, which he seized from a person who lured him with the trick of investing the amount in commercial activities, promising him an attractive monthly profit while preserving the capital.

The victim resorted to the Dubai Civil Court after a final criminal judgment was issued convicting the accused, demanding compensation for the damage he suffered. The court ruled, after examining the case, that the defendant must pay 40 thousand dirhams to the plaintiff, with 30 thousand dirhams being the amount he had seized, and 10 thousand dirhams as compensation for the damage.

In detail, an Asian person filed a civil lawsuit, demanding the return of an amount of 30 thousand dirhams that the defendant had seized, with the latter being obligated to pay 15 thousand dirhams in compensation for the damage that the plaintiff suffered due to the crime, in addition to legal interest and fees.

He based his claim on the fact that the defendant had contacted him under the false pretense of managing a number of commercial companies, and had convinced him to invest an amount in these companies in exchange for a fixed profit.

The plaintiff stated in the lawsuit memorandum that he paid the defendant 30 thousand dirhams for investment purposes, then he discovered the latter’s bad intentions, so he filed a report against him. The Public Prosecution in Dubai referred the case to the Misdemeanor Court, which ruled to convict him in absentia and then in person, and punished him with a fine of 5000 dirhams for the accusation against him, and an amount of 30 thousand dirhams, the value of the money involved in the crime.

He added that since the defendant had seized the plaintiff’s money without any right, he must return it, noting that he had suffered the most severe damage due to the crime committed against him, as it led to his loss of his money, which he was going to use for personal and commercial purposes that would benefit him, which prompted him to file this lawsuit.

He submitted as evidence a copy of the judgment issued in the criminal case, in the crime of fraudulently seizing the money of others, and assuming an incorrect identity, and a copy of the referral order showing the accused’s claim that he manages several companies, and is willing to accept an investment amount of 30 thousand dirhams from the victim, in exchange for giving him a monthly amount of 700 dirhams, while keeping the original amount, and the possibility of recovering it at any time.

In turn, the defendant submitted a memorandum in which he requested that the lawsuit be dismissed for lack of evidence, lack of justification, and lack of proof.

After examining the case and the memoranda submitted by both parties, the court explained in the grounds for its ruling that it is legally established that if the criminal court issues a final ruling, the civil court must abide by its ruling in the related rights claims and refuse to re-examine them, as doing so would result in a violation of the conclusiveness of the final criminal ruling that convicted the accused.

Since it was established by the civil court that the defendant was criminally convicted of fraudulently seizing the plaintiff’s money, and a final judgment was issued against him, this lawsuit was filed on a valid basis, and therefore the court ruled that the first defendant must pay the plaintiff the sum of 30 thousand dirhams.

Regarding the compensation claim, the civil court found that the plaintiff had suffered material damages in the form of grief and sorrow over his money, and what he had spent in his efforts to report the incident, which the court estimated at 10,000 dirhams, in moral and material compensation, in addition to 5% interest until full payment.

The accused made the plaintiff believe that he was managing a number of commercial companies and convinced him to invest an amount in them in return for obtaining a fixed profit.