Revocation of Emirati citizenship due to committing cybercrimes

ABSTRACT

Information technology has become a tangible and influential reality in various areas of our scientific and practical lives. Its multiple uses carry out beneficial acts while harmful behaviours can also occur. Unfortunately, such harmful behaviours can be classified as crimes that lead to an ‘original’ penalty of a fine in excess of one thousand Dirhams, and /or temporary/life imprisonment. Committing some of those crimes, however, can also result in the revocation or withdrawal of the nationality from its perpetrator as an accessory penalty imposed by force of law. This research dealt with such inquiry in the context of United Arab Emirates. The study concluded that cybercrimes that may result in the withdrawal of nationality from a naturalized or affiliated citizen but not the citizen by law, are those cybercrimes stipulated in the law on combating cybercrimes related to honour and trust, and fall into eleven cybercrimes. The study also found that emerging cybercrimes that cannot be imagined to be committed without electronic means and that its commission may result in the revocation or withdrawal of nationality for everyone who holds it (citizen by operation of law, by naturalization, or by affiliation) fall into eight crimes.

KEYWORDS:

• Cybercrimes
• de-nationalization
• original/accessory penalty
• security of the state
• statelessness

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 https://hootsuite.com/resources/digital-2020

2 https://www.globalmediainsight.com/blog/uae-social-media-statistics/

3 https://industryofanonymity.com/2014/12/27/a-wine-critics-guide-to-defining-cybercrime/

4 https://www.khaleejtimes.com/news/crime-and-courts/over-500-land-in-uae-court-over-abusive-social-media-posts

5 Article 25 of the French Civil Code provides that “The individual who has acquired the status of French may, by decree taken after assent of the Council of State, be deprived of French nationality, unless the forfeiture results in make him stateless:

1. If he is convicted of an act qualified as a crime or offense constituting an attack on the fundamental interests of the Nation or for a crime or an offense constituting an act of terrorism;

2. If he is condemned for an act qualified as a crime or misdemeanor provided for and punished by chapter II of title III of book IV of the penal code;

3. If he is condemned for having avoided the obligations resulting for him from the code of the national service;

4. If he has engaged in acts incompatible with the status of French and harmful to the interests of France for the benefit of a foreign state ”.