Forgery in UAE Law

Forgery under UAE law is the crime of falsifying or altering an official document, signature, or record with intent to deceive, addressed under the Federal Penal Code in both its traditional and electronic forms. It is treated as one of the most serious criminal offences because it undermines public trust, official documents, and the financial and civil dealings of individuals and companies alike.

Forgery is legally defined as altering the truth in a document, deed or statement with intent to deceive, by one of the methods stipulated by law, in a manner likely to cause harm to others or to the public interest, with the intention of using it as a genuine document.

Forgery under UAE law is not limited to traditional paper documents; it also extends to electronic forgery targeting digital documents, electronic signatures, databases, and cards and official instruments issued by government or private entities.

Forgery crimes in the UAE judicial system are generally divided, based on the type of document involved, into two main categories:

For a set of facts to be legally characterised as forgery before the UAE courts, the following elements must be established:

The material element (altering the truth): This is established through one of the material forms of forgery (such as fabricating an entire document, amending an existing document by addition, deletion or erasure, impersonating another person's name, or affixing a forged signature) or the intellectual forms (such as recording false facts as true while drafting the document).

The moral element (criminal intent): The offender must have the intent to harm others and know that the act constitutes an unlawful alteration of the truth, together with the intent to use the forged document as if it were genuine.

The possibility of harm: The forgery must be capable of causing material or moral harm to an individual, a company, or the public interest of the state, regardless of whether actual harm has occurred.

The UAE imposes strict and deterrent penalties on anyone proven to be involved in forgery crimes or in using forged documents:

Custodial penalties (imprisonment): Prison sentences vary according to the nature of the document; forgery of official documents can carry lengthy prison terms, while penalties for forgery of private documents vary according to the gravity of the offence.

Substantial fines: The offender is liable to significant financial fines proportionate to the extent of the resulting harm and the unlawful gains obtained from the crime.

Deportation of expatriates: A foreign national convicted in a criminal forgery case is mandatorily sentenced to deportation from UAE territory upon completion of the sentence.

Confiscation of instruments and documents: The court orders the confiscation of the forged documents and the tools or devices used in committing the crime, and their destruction.

To protect your assets and your commercial and civil dealings from forgery attempts, the following measures are recommended:

Always verify official documents: Confirm the authenticity of official documents and contracts through approved government channels.

Use recognised digital authentication: Rely on officially recognised digital and smart authentication methods within the UAE.

Engage a licensed lawyer: Seek the assistance of a licensed lawyer or an accredited legal consultant to review and precisely draft major contracts, ensuring they cannot be tampered with.