Malicious Complaint in the UAE: Penalties and Legal Consequences

A malicious complaint in the UAE may arise when a person deliberately submits false information to the competent authorities with the intention of causing legal or administrative consequences against another person.

UAE law distinguishes between a genuine complaint that is ultimately not proven and a complaint that is knowingly false and made in bad faith.

This distinction is important. The fact that a criminal complaint ends without a conviction does not automatically mean that the complainant committed a criminal offense. For a false or malicious complaint to give rise to criminal liability, the relevant legal elements must be established.

The UAE Crimes and Penalties Law specifically addresses false reporting and bad-faith accusations under Articles 324 and 325 of Federal Law by Decree No. 31 of 2021.

What Is a Malicious Complaint in the UAE?

A malicious complaint generally refers to a complaint made against another person knowing that the allegations are false, particularly where the complaint is submitted in bad faith with the purpose or effect of exposing that person to criminal or administrative consequences.

The legal issue is therefore not simply whether the complaint was unsuccessful.

The authorities may need to examine:

• What the complainant alleged.
• Whether the allegations were true or false.
• Whether the complainant knew the allegations were false.
• Whether the complaint was made in bad faith.
• Whether false evidence was fabricated or attributed to another person.
• Whether the complaint caused legal proceedings or other consequences against a person known by the complainant to be innocent.

Article 325 of the UAE Crimes and Penalties Law addresses situations in which a person falsely and in bad faith informs judicial or administrative authorities that another person committed an act subject to criminal punishment or an administrative sanction.

Is Every Unsuccessful Criminal Complaint Considered Malicious?

No.

This is an important legal distinction.

A person may submit a complaint based on information or circumstances that they genuinely believe indicate that an offense has occurred. The authorities may subsequently conclude that there is insufficient evidence or that the conduct does not constitute a crime.

That does not, by itself, establish that the original complainant acted maliciously.

A malicious complaint generally requires evidence supporting the relevant elements of false reporting or bad-faith accusation.

Therefore, the outcome of the original complaint and the intention of the complainant are separate legal issues.

What Does UAE Law Say About False Reporting?

Article 324 of the UAE Crimes and Penalties Law provides a penalty of imprisonment for a period not exceeding six months and/or a fine for a person who reports to judicial or administrative authorities:

• A non-existent or false incident;
• A false danger or hazard; or
• A crime while knowing that the crime was not committed.

The provision therefore focuses on knowingly reporting something that does not exist or a crime that the person knows was not committed.

What Is the Difference Between False Reporting and a Malicious Accusation?

The UAE Crimes and Penalties Law contains separate provisions addressing different forms of false conduct.

False Reporting

Article 324 addresses reporting a non-existent or false incident, danger or crime while knowing that it did not occur.

False Accusation Made in Bad Faith

Article 325 addresses a person who falsely and in bad faith informs judicial or administrative authorities that another person committed an act punishable by criminal or administrative law.

The same article also addresses falsely attributing material evidence to a crime or causing legal proceedings to be taken against a person whom the complainant knows to be innocent.

The precise legal classification depends on the facts and evidence of each case.

What Is the Penalty for a Malicious Complaint in the UAE?

The applicable penalty depends on the specific conduct and the provision of law that applies.

Under Article 325, a person who falsely and in bad faith informs the competent authorities that another person committed an act subject to criminal punishment or an administrative sanction may be subject to imprisonment and/or a fine.

The law provides more serious consequences where the falsely reported offense is a felony.

If the false report leads to the imposition of a penalty prescribed for a felony, Article 325 provides that the false reporter may be punished with the same penalty imposed.

Accordingly, the consequences of a malicious or false complaint cannot be determined solely by looking at whether the original complaint was dismissed.

Can You File a Complaint Against Someone Who Made a False Complaint Against You?

Potentially, yes.

If there is evidence that another person knowingly made a false report or falsely accused you in bad faith, you may consider taking appropriate legal action.

However, the fact that the original complaint was dismissed, closed or resulted in no conviction does not automatically establish that the complainant committed false reporting.

The evidence must support the specific elements of the alleged offense.

What Evidence Can Prove a Malicious Complaint?

Evidence will depend on the circumstances of the case.

Potentially relevant evidence may include:

• The original criminal complaint.
• Statements made by the complainant.
• Official investigation records.
• Court judgments or prosecution decisions.
• Messages and emails.
• Contracts and financial records.
• Documents contradicting the allegations.
• Evidence showing the complainant knew the allegations were false.
• Evidence of fabricated or manipulated documents.
• Evidence showing a deliberate attempt to initiate proceedings against an innocent person.

The most important issue may be establishing the complainant’s knowledge and bad faith, rather than merely proving that the original allegations were unsuccessful.

Can a Person Be Prosecuted for Making a False Accusation?

Yes, where the legal elements of the applicable offense are established.

Article 325 specifically addresses false and bad-faith accusations made to judicial or administrative authorities, including circumstances where the complainant falsely attributes material evidence to a crime or causes legal proceedings to be taken against a person known to be innocent.

The competent authorities must assess the evidence and determine whether the statutory requirements have been satisfied.

What If Someone Fabricates Evidence Against You?

Fabricating or falsely attributing material evidence to another person can have serious legal consequences.

Article 325 expressly covers conduct involving the false attribution of material evidence to a crime committed by another person.

For this reason, a person who believes that evidence has been deliberately fabricated should preserve the original documents and electronic records and obtain appropriate legal advice.

Can a False Complaint Cause Legal Proceedings Against an Innocent Person?

Yes.

Article 325 specifically addresses circumstances in which a person causes legal proceedings to be taken against another person whom they know to be innocent.

This makes the complainant’s knowledge and intention particularly important.

A genuine mistake, misunderstanding or unsuccessful allegation should not automatically be treated as equivalent to deliberately causing proceedings against a person known to be innocent.

What Should You Do If Someone Files a Malicious Complaint Against You?

If you believe that a complaint filed against you is false, you should preserve all relevant evidence.

This may include:

1. Obtaining the available documents relating to the complaint.
2. Keeping copies of prosecution or police records.
3. Collecting contracts and financial documents.
4. Preserving emails, messages and other communications.
5. Preparing a chronological account of the events.
6. Identifying documents that contradict the allegations.
7. Avoiding deletion or alteration of potentially relevant evidence.
8. Seeking legal advice before making further statements or signing documents.

A structured evidentiary file can be particularly important when the allegation involves financial transactions or conflicting accounts between the parties.

What If the Complaint Was Filed Because of a Civil or Commercial Dispute?

The existence of a civil or commercial dispute does not automatically make a criminal complaint malicious.

For example, parties may disagree about:

• Payment of a debt.
• Performance of a contract.
• Delivery of goods.
• Business transactions.
• Partnership obligations.
• Employment matters.
• Ownership of property.

A party may genuinely believe that the other person’s conduct constitutes a criminal offense.

The competent authorities must therefore distinguish between a legitimate criminal allegation arising from a genuine dispute and a knowingly false accusation made in bad faith.

Can a Malicious Complaint Damage Your Criminal Record?

A complaint, investigation or accusation should not automatically be treated as equivalent to a criminal conviction.

A person may be investigated or accused without ultimately being convicted.

For this reason, it is important to distinguish between:

• A criminal complaint;
• A police investigation;
• A prosecution case;
• A criminal judgment; and
• A final conviction.

The legal consequences depend on the stage and outcome of the proceedings.

Can You Claim Compensation for a Malicious Complaint?

Depending on the circumstances, a person who suffers damage as a result of unlawful conduct may have grounds to consider a claim for compensation or other legal remedies.

The availability and scope of such remedies depend on factors including:

• The nature of the false allegations.
• Whether criminal liability has been established.
• The financial loss suffered.
• Any reputational or other legally recognized damage.
• The available evidence.
• The applicable procedural route.

A separate assessment should therefore be made before bringing a compensation claim.

Can a Malicious Complaint Be Based on WhatsApp Messages?

Electronic communications may be relevant evidence depending on their authenticity, context and legal admissibility.

Messages may help establish:

• What the parties previously agreed.
• Whether the complainant knew certain facts.
• Whether the allegations contradict earlier communications.
• Whether threats or admissions were made.
• Whether documents or information were deliberately manipulated.

The complete context should be preserved rather than relying on isolated screenshots.

What If the Complainant Withdraws the Complaint?

Withdrawal of a complaint does not necessarily determine whether an offense has been committed.

The legal effect of withdrawal depends on the nature of the alleged offense, the procedural stage and the applicable UAE law.

Similarly, withdrawing the original complaint does not automatically establish that the complaint was malicious.

The circumstances surrounding the filing and withdrawal may nevertheless become relevant evidence where bad faith or deliberate falsification is alleged.

What Is the Difference Between a Malicious Complaint and Defamation?

These are not necessarily the same legal issue.

A malicious complaint concerns false information or accusations communicated to judicial or administrative authorities in circumstances covered by the relevant criminal provisions.

Defamation-related conduct may involve communicating or publishing allegations to other persons and may be governed by different legal provisions.

The appropriate legal classification depends on what was said, to whom it was communicated, how it was communicated and the surrounding circumstances.

What Should You Do If You Are Accused of a Crime You Did Not Commit?

If you believe you have been falsely accused, you should focus on preserving objective evidence that establishes the facts.

Useful evidence may include:

• Official documents.
• Bank records.
• Contracts.
• Emails.
• Electronic messages.
• CCTV footage where lawfully available.
• Witness information.
• Location or transaction records where relevant.
• Expert reports.
• Previous communications between the parties.

You should also avoid destroying, altering or selectively editing evidence.

Professional legal advice can help determine which evidence is relevant and how it should be presented to the competent authorities.

Frequently Asked Questions

What is a malicious complaint in the UAE?

A malicious complaint generally refers to a knowingly false complaint or accusation made in bad faith, particularly where it is submitted to judicial or administrative authorities and falls within the offenses established by UAE law.

Is filing a complaint that is dismissed a criminal offense?

No. The dismissal or closure of a complaint does not by itself prove that the complainant committed a criminal offense. Evidence of the relevant false or bad-faith conduct is required.

What is the penalty for a false complaint in the UAE?

The applicable penalty depends on the specific conduct. Article 324 provides for imprisonment of up to six months and/or a fine for certain forms of knowingly false reporting, while Article 325 provides imprisonment and/or a fine for specified false and bad-faith accusations, with more serious consequences in certain felony-related circumstances.

Can I take legal action against someone who falsely accused me?

Potentially, where the evidence establishes the elements of a relevant offense. The appropriate legal action depends on the circumstances and the evidence.

Does a false accusation automatically give me the right to compensation?

Not automatically. A compensation claim depends on the applicable legal basis, the damage suffered and the available evidence.

What evidence is important in a malicious complaint case?

Evidence showing that the allegations were false and that the complainant knew they were false or acted in bad faith can be particularly important. Official records, communications, financial documents and contradictory evidence may all be relevant.

Can a civil dispute result in a malicious criminal complaint?

A civil or commercial dispute may sometimes lead to conflicting criminal allegations. However, the existence of a civil dispute does not by itself prove that a criminal complaint is malicious.

Conclusion

A malicious complaint in the UAE is legally different from a genuine complaint that simply fails to result in a conviction.

UAE law addresses knowingly false reports and false accusations made in bad faith. Article 324 deals with certain forms of false reporting, while Article 325 addresses false and bad-faith accusations and related conduct, including falsely attributing material evidence or causing legal proceedings against a person known to be innocent.

At the same time, the fact that a criminal complaint is dismissed or that an accused person is not convicted does not, by itself, establish that the complainant acted maliciously.

The central issues are the truth or falsity of the allegations, the complainant’s knowledge, the presence of bad faith and the available evidence.

If you have been the subject of a potentially false criminal complaint, or if you believe that another person deliberately submitted false information against you, obtaining legal advice can help determine the appropriate legal response based on the facts and evidence of your case.

Legal Disclaimer: This article provides general legal information about malicious and false complaints in the UAE. It does not constitute legal advice. The applicable legal provisions and available remedies depend on the specific facts, evidence and procedural stage of each case.