Legal Law

The UAE allows the accused and the victim to resolve criminal matters amicably

Website design By BotEap.comThis significant change in the new law is the acceptance of an agreement in criminal cases between the victim and the accused, regardless of whether this agreement was signed in court, the Prosecutor’s Office or even the Notary Public. Such an agreement could be signed by a victim, their attorney, or even the heirs. This new amendment introduces a very important role of settlement in the handling of criminal matters by the prosecution. We believe, in our professional and practical experience, that the approach to seeking settlement in specific criminal offenses will have a positive impact on both victims and criminals. Agreement can be reached in specific cases even after judgment has been passed.

Website design By BotEap.comSettlement in criminal cases

Website design By BotEap.comIn its article 349, the new law gives the Prosecutor’s Office the right to offer both parties in a criminal case a settlement and gives them 15 days for said reconciliation. However, it is important that this right has been granted to a prosecutor to execute at his or her sole discretion and is not mandatory to be executed. If no agreement was reached, the prosecutor has the right to extend the grace period one time. However, if the time limit expires and the victim or their heirs refuse to reach an agreement, the prosecutor can refer the case to the criminal court to proceed with the criminal charges.

Website design By BotEap.comThe important question we have to consider here is: “Can the agreement be signed in a criminal case on condition or suspended by a certain date?” or, in other words, “Can the conciliation of a criminal case be subject to the possible conditions for its invalidation or remain inactive for an uncertain period or until a certain date for its recognition?”.

Website design By BotEap.comThe answer is no. In accordance with article 352 of the amended Law, the resolution of criminal cases will be concluded with immediate effect. It cannot be left pending of subject or date. The law took a very practical and humane approach, allowing the victim to settle a criminal case, reserving the right to present their own civil case later. The law indicates that as long as the resolution of a criminal case does not include a clause “waiving the right to claim civil compensation,” the victim will continue to have this right. From our point of view, this very humane approach simultaneously allows the victim to be compensated and does not give him any possibility of affecting the accused through criminal charges.

Website design By BotEap.comIf there is more than one victim in the case and some of them accept the settlement while others refuse, Article 353 of the amended law advises that the criminal reconciliation of the settlement will not be partially accepted by multiple victims. Everyone has to agree. The law indicated that in the case of more than one defendant, if the victim decides to withdraw the complaints against (or reconcile with) one of them, said conciliation should be extended to other defendants. Settlement could be reached on the types of cases listed even after the judgment is deemed final. However, if the reconciliation was made at this stage, its impact will only be to suspend the execution of the sentence, but it does not remove said sentence from the defendant’s criminal record.

Website design By BotEap.comReconciliation process in criminal cases

Website design By BotEap.comThe reconciliation process was considered in depth in the new amendments to the law. The law specifies what types of cases will be concluded by settlement between the parties. Such cases include, but are not limited to, the following:

Website design By BotEap.com1. Criminal cases brought against a family member based on the final judgment of the Family Court for non-payment of alimony ordered by the Family Court, as stipulated in Article 330 of UAE Federal Law No. 3 of 1987 (Penal Code);

Website design By BotEap.com2. Physical violence in the event that it results in damage or injury that requires

Website design By BotEap.comless than 20 days to heal, as stipulated in article 339 of the Penal Code;

Website design By BotEap.com3. The crime occurs when someone recklessly injures the victim and results in a permanent injury, as stipulated in article 343 of the Penal Code;

Website design By BotEap.com4. Legal threats, provided for in articles 352 to 353 of the Penal Code;

Website design By BotEap.com5. Defamation by any means of publicity, in accordance with the provisions of articles 372 to 373 of the Penal Code;

Website design By BotEap.com6. Defamation over the telephone or in private according to article 374 of the Penal Code;

Website design By BotEap.com7. The violation of privacy through the illegal recording (without consent) of private conversations or listening to those related to the private and family life of people, as well as the crime arises through the publication of such information (even if the information published was true), as stipulated in article 378 of the Penal Code;

Website design By BotEap.com8. Violation of confidentiality, and if this crime occurs mainly in practical cases in which one of the employees of a company misused the confidential information entrusted, in order to obtain a personal benefit or obtain a personal benefit , as stipulated in article 379/1 of the Penal Code. . According to the amendments, this offense could be eliminated at any stage by means of a penal arrangement;

Website design By BotEap.com9. The crime is derived from unauthorized access to messages or telephone calls without the consent of an interested person, as stipulated in article 380 of the Penal Code;

Website design By BotEap.com10. The crime originates from the use of automobiles, motorcycles or any similar vehicle without the consent of the owner, as stipulated in article 394 of the Penal Code;

Website design By BotEap.com11. The crime arises from consuming food and beverages in the restaurant, staying in hotels or renting cars without paying the due bills, as stipulated in article 395 of the Penal Code;

Website design By BotEap.com12. The crime is caused by fraud or fraud, as stipulated in article 399 of the Penal Code;

Website design By BotEap.com13. Cases of bad checks, as stipulated in article 401-403 of the Penal Code;

Website design By BotEap.com14. Cases of breach of trust, as provided in article 404 of the Penal Code;

Website design By BotEap.com15. The crime arises from taking possession of someone’s lost property, as stipulated in article 405 of the Penal Code;

Website design By BotEap.com16. The crime is derived from theft of mortgaged money, as stipulated in article 406 of the Penal Code;

Website design By BotEap.com17. The crime is derived from the fraud of a contractor, as stipulated in article 423 of the Penal Code;

Website design By BotEap.com18. The crime is derived from damage to the property of others, as stipulated in article 424 / 1-2 of the Penal Code;

Website design By BotEap.com19. The crime originates from damaging or destroying trees, plants or agricultural equipment owned by another person, as stipulated in article 425/1 of the Penal Code;

Website design By BotEap.com20. The crime is derived from damaging, relocating or removing the measurement walls destined to divide private properties, as stipulated in article 428 of the Penal Code;

Website design By BotEap.com21. The crime is derived from the slaughter of animals, as stipulated in articles 431 and 433 of the Penal Code;

Website design By BotEap.com22. The crime arises from illegal access to a private residential area or by staying in a private residential area without the consent of the owner, or hiding in said area, as stipulated in article 434 of the Penal Code.

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