Bribe and blackmail are two different concepts under criminal law. Bribe is generally understood to mean offering a gift or a benefit to another person who is in a position of power or who holds a public office, in exchange for a favor which may not be in line with his duties. On the other hand, blackmail may be understood as coercing a person to do certain acts by threatening adverse consequences if he does not commit such acts.
1. What is The Difference Between a Bribe and
Blackmailing?
Author: Dr. Hassan Elhais
Bribe and blackmail are two different concepts under criminal law. Bribe is generally understood to mean
offering a gift or a benefit to another person who is in a position of power or who holds a public office, in
exchange for a favor which may not be in line with his duties. On the other hand, blackmail may be
understood as coercing a person to do certain acts by threatening adverse consequences if he does not
commit such acts.
What does the UAE law say about bribe?
While the UAE does not have a separate anti-bribery law, the Federal Decree-Law No 31 of 2021 On the
Issuance of the Crimes and Penalties Law provides criminal sanctions for actions of bribery.
Articles 275 to 287 of the UAE Penal Code set out the relevant provisions related to bribery, including the
actions which constitute bribe and the penalties entailed.
In accordance with Article 275 of the UAE Penal Code, any public official, including a foreign public
official or a person assigned to a public service or an employee of an international organization, who
engages in bribery will be punished with temporary imprisonment. Temporary imprisonment is understood
to mean imprisonment between 3 years to 15 years, unless the law provides otherwise.
The act of bribery could include demanding, accepting or receiving gifts, benefits, or a promise of such gifts,
benefits, in order for the concerned public official to either act or omit to act in the course of his duties or
violate his duties. Article 275 is set out below.
"Article 275
Every public official or person assigned to a public service or foreign public official or an employee of an
international organisation who, demands, accepts, or receives, either directly or indirectly, an undue gift,
benefit, or grant, or is promised of the same, whether to the employee himself or to another person or
another entity or establishment, in order to perform or to omit an act included within the duties of his office
or in the course of such office, or to violate his duties, even if he has not intended to perform or to omit the
act or to violate the duties of his office, or if the demand, acceptance, or receipt is done after the performance
or omission of the said act or after the violation of duties, shall be sentenced to temporary imprisonment.”
Additionally, a person employed or managing an establishment in a private sector who is engaging in
bribery, whether by demanding or accepting such bribes, could also be liable for penalties. The punishment
includes imprisonment for a period not exceeding 5 years. The concept has been explained in Article 278 of
the UAE Penal Code, as set out below.