Lawyers and legal advisors confirmed that the legislature criminalized, in the Federal Weapons, Ammunition and Explosives Law No. (3) of 2009, holding fireworks (crackers) displays, or possessing, or trading in, or importing, or using them, without obtaining a license.
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One month imprisonment, deportation and a fine Recently, the Dubai Misdemeanor Department punished two defendants of the nationality of an Arab country with imprisonment for a month, deporting them from the country after serving the sentence, and fined them 5,000 dirhams each, for accusing them of possessing fireworks (crackers), while another department is examining a case in which a person of the nationality of an Asian country is accused of possessing a quantity Of explosives for the purpose of trafficking, in addition to other similar cases. Al Quoz fire Dubai Police confirmed that the largest fire that occurred in the last decade occurred in Al Quoz Industrial City, several years ago, due to fireworks stored in inappropriate conditions. |
They told “Emirates Today” that because of the danger of fireworks, the legislator equated their possession with the possession or acquisition of weapons, ammunition and explosives, as they are considered explosives, explaining that the law singled out a text in the Weapons and Ammunition Law related to fireworks, in which the penalty for violators reaches six months in prison. Or a fine not exceeding 10,000 dirhams, or both penalties. It is also considered the introduction or manufacture of these toys within the country for the purpose of trafficking. Aggravating circumstance.
They stated that in addition to this violation, which is punishable by law and is considered a misdemeanor, it is possible for users of these games to commit other crimes that are classified as felonies, such as those that fall under the heading of harming the life and physical integrity of a person, such as someone causing injury or death to other people. As a result of his use of these games, in this case the penalty could range between two years imprisonment and 10 years imprisonment, depending on the extent of the damage.
It is noteworthy that during the recent period, Dubai Police organized several awareness campaigns to warn of the dangers of using fireworks. They seized 9,554 cartons containing these fireworks during the last month of Ramadan and the Eid al-Fitr holiday. They also arrested a large number of their promoters and referred them to the Public Prosecution to bring them to trial.
In detail, lawyer Saeed Al-Ghailani said that fireworks are considered explosives because they are a mixture of chemical substances that interact with each other when exposed to predisposing factors such as pressure and heat.
Al-Ghailani added that Articles (2) and (28) of the Weapons, Ammunition and Explosives Law No. (3) of 2009 stipulate that these toys may not be imported, exported, traded, possessed, stored or used, except after obtaining a license. Or a permit from the licensing authority, or licensing unit, with the exception of the armed forces and the police and security forces in the country.
He stated that Article (35) of the same law stipulated that “it is not permissible to hold fireworks displays without a permit,” while Articles 57, 58, 63, and 66 of the same law stated that “without prejudice to any more severe penalty stipulated by another law, the penalty shall be imprisonment for a period.” Not exceeding six months, and with a fine not exceeding 10,000 dirhams, anyone who trades in, imports, exports, manufactures, or introduces fireworks without a license, Or attempting to introduce it, and entry or manufacture for the purpose of trafficking is considered an aggravating circumstance.
Lawyer and legal advisor, Abdullah Al Nasser, said that according to Federal Law No. (3) of 2009 regarding weapons, ammunition and explosives, fireworks have been included among the explosives that require obtaining a license from the competent authorities because they contain explosive materials.
He added that if these games are used by a person in circumstances other than those permitted by law, and that use results in wrongful injury to another person, then that second act is considered a separate crime in the law, with which the crime of using those materials is linked, and the penalty for it falls under the wrongful injury articles. Causing disability, or manslaughter, in accordance with the articles of the Federal Penal Code No. (3) of 1987 and its amendments, and whoever is harmed has the right to demand compensation for the material and moral damages he has suffered, and lost profits, in accordance with the Civil Transactions Law. Federal for the year 1985.
In turn, lawyer Shouq Al-Kathiri said that the legislator, in Article 2 of the Weapons and Ammunition Law No. 3/2009, equated the possession of fireworks and other weapons, ammunition and explosives, due to their danger, but set violators of that article with a lighter penalty than the rest of the weapons and ammunition.
She said that the law punishes the use of fireworks in the event of not obtaining a license, indicating that this was explicitly stated in Article 28 of the Weapons and Ammunition Law, as stated in the second paragraph of the same article that “the manufacture, circulation, transport, storage and use of fireworks shall be prohibited.” And trade in it in accordance with the licenses and permits regulated by the executive regulations of this law.”
It explained that Article (58) stipulates that “anyone who trades in fireworks, imports, exports, manufactures, or introduces fireworks without a license shall be punished by imprisonment for a period not exceeding six months, and a fine not exceeding 10,000 dirhams, or one of these two penalties.” Or attempting to bring it into the country, and entry or manufacture for the purpose of trafficking is considered an aggravating circumstance.
Article (53) also stipulates that anyone who trades in firearms, ammunition, or explosives, or imports, exports, manufactures, or imports any of them, or attempts to trade in firearms, ammunition, or explosives, shall be punished with imprisonment for a period not exceeding 10 years and a fine of not less than 15,000 dirhams. Bringing it into the country.
It is considered an aggravating circumstance to enter or manufacture for the purpose of trafficking, and anyone who commits any of the crimes mentioned in Clause (1) of this Article shall be punished by imprisonment for a period of not less than six months and a fine of not less than 15 thousand dirhams, whenever his crime is related to a non-firearm weapon or its ammunition.
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