Monday, September 28, 2015

Disputes involving thefts of small-value items shouldn’t end up in court





"x x x.

Ezzat Abdullah, a judge at the Dubai Criminal Court, told The National recently that disputes involving thefts of small-value items shouldn’t end up in court. Judge Abdullah, frustrated after a spate of minor offences – including the theft of four Kit Kats from an airport bag – made their way into the courts, said that employers and prosecutors should resolve disputes informally, instead of requiring the state’s legal apparatus to step in.

It is surely a waste of the court’s time to settle disputes where a few dirhams are at stake. The cost to the state of prosecuting individuals for minor acts of theft frequently exceeds the harm caused to the aggrieved party.

The financial and occupational impact of deportation, imprisonment, or even of a suspended sentence, on the livelihood on the person found guilty of petty theft is likely to be disproportionate to the crime committed.

Still, employers need to deal with petty theft in the workplace. They must think intelligently about the easiest and fairest way to deal with low-level workplace conflict. They must use their common sense before declaring themselves unable to resolve minor disputes over everyday items. Individuals, too, need to think twice about the real harm caused to them. Is it really worth mobilising the state’s machinery to punish someone guilty of, at worst, the theft of a fistful of low-denomination notes?

We must make sure not to send the message that crime is tolerated. At the same time, we must ensure that punishments remain proportional and prudently enforceable.

Some people think that small crimes are the gateways to larger acts; others favour zero-tolerance policing, on the theory that punishment is the best form of deterrence. And part of the attractiveness of the UAE is that it is a safe and secure place to live, where the crime rate is low and your home is not at risk of being robbed. But surely court resources should be reserved for bigger crimes? Common sense must prevail.

x x x."

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