Question - A questioner asks: In a memorandum submitted to the court, I described my ex-husband as “very stingy.” I discovered that he had filed a criminal complaint against me in relation to this statement. Does he have the right to file a criminal complaint on these grounds? If so, what penalties could I face? Please advise.
Answer - To answer such question, I would advise the questioner that:
Article 429 of the Federal Decree Law Promulgating the Crimes and Penalties provides that no crime is committed in respect of libel or slander contained in a good-faith oral or written defence submitted before a court or an investigating authority, provided that the statement remains within the limits of the right of defence.
So, individuals and lawyers can exercise their right to a fair defence without fear of a defamation or slander charge, but the statements must be made in good faith and strictly remain within the necessary bounds of the legal defence.
Your ex-husband may have the right to file a criminal complaint alleging insult or defamation, but that does not mean you have committed a crime or that you will be convicted. The court will assess the wording of the statement, the context in which it was made, its relevance to the proceedings, and whether it falls within the scope of the legal protection afforded to statements made in good-faith defence.
Article 43, Federal Decree-Law No. 34 of 2021 (Cybercrime Law) is applied for such crimes because the memorandum is submitted through the court system. The penalty as per the mentioned Article is imprisonment and/or a fine of AED 250,000 to AED 500,000, but the court shall estimate the relevant penalty.