Reasonable Ignorance of the Law May be an Excuse
Type
E-journal
Date
3 Oct 2016
Jurisdiction
United Arab Emirates
Taxonomy
Prosecution & Pre-Trial Procedure, Trials, Financial & Business Offences
Copyright
LexisNexis
Relevant company
Al Tamimi & Company
Legal reference
Article 42 of Federal Law No. 3/1987
Analysis
A well-known legal principle declares that ‘ignorance of the law excuses no one'. This maxim is used by legal systems throughout the world to impose constructive knowledge of the laws of the land upon those to whom such laws apply. Although exceptions have historically been made - for example by the Canadian courts in respect of hunters who were ignorant of a change of law that was made during the hunting season when they were hunting in the wilderness and, therefore, incommunicado - this generally means that a person cannot escape liability for violating a law on the basis that the content of that law was in fact unknown to that person.
In the United Arab Emirates, the principle is codified in Article 42 of Federal Law No. 3 of 1987 (as amended) (“Penal Code”), which provides that ‘Ignorance of the provisions of this law excuses no man.'