DCC 18/1995
This case concerned the criminal liability of a partner in a joint business venture who embezzled company funds for personal use, raising issues around whether such conduct constituted a breach of trust.
Background
The Public Prosecution had referred the Respondent to criminal trial in Case No. 5316/1994, , on the basis that, during the period from 08/03/1993 to 27/08/1994 with, and in their capacity as partner and general attorney for their mother in the partnership contract concluded between them and the victim for a garage, they had embezzled an amount of AED 67,650.16 from the garage’s clients without the partner’s knowledge, deposited it into their personal account, having previously transferred part of the received sums into the garage’s account, and seized the remainder to the detriment of the rightful owner. The prosecution had requested their punishment under Article 121(1) and 404 of Federal Law No. 3/1987 concerning the Penal Code.
Proceedings
Court of First Instance – Decision dated 20/12/1994.