What is the new amendment in the criminal law of UAE?

With the implementation of the new Law in the UAE, criminal matters now can be settled amicably if allowed by the prosecution.

What does the new amendment really mean?

As per the words of the criminal lawyers in Dubai, the recent amendment in the UAE Criminal Procedure Law has opened a window for carrying out an amicable settlement between the two parties of a criminal case- the accused and the victim.

Regardless of whether the settlement has been signed while being present at the court, the Prosecution, or the Notary Public, the changes in the law allows a settlement of criminal cases done between the two parties. The signature for the settlement can be done by either the victim, or the attorney hired by the victim, or the heirs.

This kind of approach for some of the criminal cases are bound to have a positive impact on the society at large as well as the victims and the criminals. It is not necessary to arrive at a settlement before the judgement, since specific cases can opt for a settlement even after the passing of the judgement.

According to the article 349, the new amendment allows the Prosecution with the right to both of the parties in the criminal cases a scope to settle the case within a span of 15 days within which they are to reconcile. However it is important to mention that the prosecutor is granted this right for it to be executed as per his discretion. There is no mandatory rule for the execution of the same. In cases when a settlement has not been reached, the prosecutor is also granted with the right of being able to extend the period for reconciliation. Nevertheless, the expiration of the period along with the failure of arriving at a settlement, the case may be transferred to the criminal court along with the proceedings beings that of criminal charges.

In many cases there are more than one victims which can lead to a disagreement of the settlement. In such instances, the article 353 of the amended laws have the right to advice that the settlement needs to be agreed upon by all the victims. Listed are the few criminal cases which have the scope of reconciliation-

• Filing of a criminal case that accuses a family member and that is based on the Family Court executory judgement for cases such as not paying alimony as ordered by the Family Court under the stipulation of the article 339 of the UAE Federal Law no.3 of 1987.

• A case of physical violence that has resulted in injuries that takes less than 20 days to heal which has been stipulated in article 229 of the Penal code

• A crime that has led to permanent injury owing to someone’s recklessness as specified by the article 343 of the Penal Code.

• If the threats are legal and has been stated by the articles 352 and 353 of the Penal code.

• A case of defamation in public or in private by articles 372, 373, and 374 of the Penal Code.

• Illegal recording leading to a breach of privacy or secretly listening to conversations that are private, or within the individuals of a family.

• A breach of confidentiality can also occur when an employee misuses the company’s information that are confidential for the sake of gaining personal benefit.

• Having unauthorised access to phone calls and text messages in the absence of the consent of the person involved.

However one of the most common question that might be raised in this light of the new amendment is whether the settlement can be signed in the pretext of a particular condition or even suspended for a particular date.

Dubai lawyers answer to that as a straight no. going by the article 352 of the amended law, any settlement done in criminal cases come about for with an immediate effect. There cannot be any pending on the basis of a subject or a date. The laws that have been adopted are in fact on the basis of humanitarian ground that allows the victim to get a compensation. It also allows him not to affect the accused with the help of any criminal charges.