UAE Court Orders AED 50,000 Fine and Deportation for Counterfeit Promoter
An Asian guy was found guilty by the Dubai Misdemeanour Court of advertising fake goods from a global brand.
The court ordered his deportation from the nation, fined him fifty thousand dirhams, and stipulated that the decision must be published in widely read Arabic and English newspapers.
Counterfeit product seizure and conviction:
The accused was found in possession of large quantities of counterfeit clothing, shoes, and bags from a global brand. His involvement in trading these counterfeit items was discovered through further investigations. He was found guilty in absentia after the Dubai Public Prosecution took the case to the Misdemeanour Court.
Legal Challenge and the Court's Response:
The accused contested the ruling in absentia, arguing its invalidity. He claimed that there were no investigations due to the absence of a complaint from the owner company and that the public prosecution’s permission was based on non-serious and non-existent investigations. The court, however, asserted its authority to assess investigations and issued an inspection order. It deemed the prosecution's conclusions valid and rejected the case.
Validity of Confession and Translator Issue:
The accused's lawyer argued that the confession in the evidence report was invalid due to the absence of a translator during the statement recording. The court clarified that the original evidence and trial procedures should be in Arabic. The accused's statements were translated and recorded by a policeman from the Department of Combating Economic Crimes, and the court found the procedures to be valid.
The accused's defence and the court's findings:
The accused claimed no connection to the incident and alleged an error in attribution. The court, after reviewing the case papers, found the accused's acknowledgment in the evidence collection minutes that the seized products belonged to him and that he was aware of their nature. The General Department of Criminal Evidence and Criminology also confirmed that the seized items were counterfeit.
The court upheld the opposing ruling, considering it appropriate based on valid evidence and reasoning. The accused was fined 50,000 dirhams, ordered deportation, and instructed to publish the ruling in widely circulated newspapers in Arabic and English at his expense.