UAE Criminal Procedure Law — articles 301–400

1. The enforcement of custodial sentence shall be postponed according to the foregoing Articles based on an order of the Advocate General or the person acting in lieu of him, whether sua sponte or upon motion of the inte…

If there are diverse custodial sentences, the harshest sentence shall be enforced first.

The sentenced prisoner may only be released before the end of his sentence term in the instances defined in the law.

1. Every convict punished by a custodial sentence may be granted conditional release if the same satisfies the requirements set forth in the Penal Institutions Law. 2. The convict granted conditional release shall be sub…

1. The judgments of committal shall be enforced by sending the sentenced convicts to a penal institution, medical treatment facility or any other designated place. 2. The convict shall be committed under an order of the …

1. The measures shall only be enforced after the custodial sentences are enforced. 2. Notwithstanding the provision of Clause [1] of this Article, the measure of committal to a medical treatment facility shall be enforce…

Upon settlement of the amounts due to the government in respect of the fines and charges, the refundable amounts and compensatory damages, the Public Prosecution shall, before initiating the enforcement procedures, notif…

1. The judgment that orders a fine penalty, refund, compensatory damages or any other form of financial penalty shall be a Writ of Execution. 2. The Public Prosecution may initiate the enforcement of the judgment imposin…

The Federal Judicial Council or the Head of the competent local judicial body, as the case may be, may assign one or more judges of the court of first instance to perform the duties of the criminal judgment enforcement j…

The enforcement of judgments awarding the amounts set forth in Article [311] of this law shall be conducted based on the request of the Public Prosecution, and the enforcement shall be preceded with a service of the Writ…

If a judgment imposing a fine, refund of amounts and compensatory damages, and the property and funds of the convict are not sufficient enough to cover all such payables, the amounts collected shall be distributed to the…

1. If a person is remanded in custody or is under provisional electronic monitoring and is only punished by a fine penalty, the amount of AED [100] one hundred dirhams shall be subtracted from the fine penalty for each d…

1. The Public Prosecution may, whenever necessary and upon motion, either grant the convict an extension of time to be able to pay the amounts due to the government, fines and other financial penalties, or permit that th…

Physical coercion may be used as a method for collecting the fines and other financial penalties, and shall take place by keeping the convict in confinement. The duration of such confinement shall be one day per AED [100…

The provisions regulating enforcement of the custodial sentences set forth herein shall apply to physical coercion enforcement.

In the event of several judgments rendered against a convict, they shall be enforced based on the aggregate value of court-ordered amounts, provided that the physical coercion period shall not exceed one year.

The physical coercion penalty shall be enforced based on an order of the Public Prosecution, and shall be commenced at any time after the convict is duly served, and after the convict has served all court-ordered custodi…

The physical coercion penalty shall be terminated once the amount corresponding to the confinement period served by the convict calculated pursuant to the foregoing articles becomes equal to the court-ordered financial p…

The convict shall be discharged from the fines and other financial penalties when the same undergoes physical coercion at a rate of AED [100] one hundred dirhams for each day.

1. Except for the criminal offenses of Qisas, Diyya and felonies on which a final judgment of the death penalty or a life sentence, the court-ordered sentence imposed on other criminal offenses shall lapse after the pass…

1. The limitation period shall be interrupted by arresting the convict punished by a custodial sentence, or based on any enforcement procedure that is conducted against the convict or of which the latter becomes aware. 2…

The running limitation period shall be suspended upon the occurrence of any impediment, whether legal or physical, that precludes enforcement.

1. The provisions regulating the limitation period set forth in the Civil Procedure Law shall apply in respect of the court-ordered compensatory damages, refundable amounts and legal costs. 2. Enforcement by way of physi…

If the convict passes away after a final against is rendered against him, the compensatory damages and refundable amounts shall be enforced against his estate.

Members of the Public Prosecution shall have the right to get access to penal institutions, detention centers, remand places and debtor jails that are located within the circuits of their territorial jurisdiction, in ord…

1. Every inmate detained at any of the places described in Article [325] hereof may, at any time, submit a written or oral complaint to the person in charge of the management of the place in order for the latter to commu…

If the judgment document is lost for whatever reason before its enforcement, or if all investigation papers are lost, in whole or in part, before a decision being issued thereon, the procedures described in the following…

If a certified copy of the judgment is available, it shall be used in lieu of the lost judgment document, and if such a copy lies in the possession of some person or entity, the Public Prosecution shall obtain an order f…

Losing the judgment document shall not give rise to retrial where the methods of challenging the judgment have been exhausted.

If the case is heard by the criminal cassation tribunal, and it is not possible to obtain a copy of the judgment, the court shall order that retrial be conducted where the methods of challenging the judgment have all bee…

If the investigation papers are lost, in whole or in part, before a decision being made in respect thereof, the investigation shall be reconducted in respect of the papers lost. If the case is pending before the court, i…

If the investigation papers are lost, in whole or in part, but the judgment document is available and the case is heard by the criminal cassation tribunal, the procedures shall only be re-conducted if so decided by the c…

1. No notice shall be served before seven in the morning [07:00 am] or after six in the evening [06:00 pm], and shall not be served on public holidays unless there is a permission to that effect by the competent in neces…

The dates and timeframes stipulated in this law shall be calculated based on the Gregorian calendar, unless otherwise provided.

1. If the law prescribes a time limit in days, months or years for appearance or for the occurrence of a particular procedure, neither the day of service, nor the date of occurrence of the event regarded by the law as gi…

The criminal order is a judicial order issued by the Prosecutor for adjudicating on the merits of the criminal action which he decides not to dismiss without prejudice nor transfer to the court of the misdemeanor and inf…

1. The provisions on criminal order shall apply to the misdemeanors and infractions described in the applicable laws in the State, and which are punished by non-mandatory detention sentences. 2. The Attorney General shal…

The following criminal offenses shall be excluded from the scope of applying the provisions on the criminal order: 1. Qisas and Diyya offenses; 2. Criminal offenses affecting the national security and interests of the St…

The prosecutor may issue a criminal order against the convict found guilty, by imposing the legally prescribed fine against him, but not exceeding half of its maximum threshold, in addition to the supplemental penalties …

The criminal order issued by the Prosecutor shall contain the following details: 1. The date of issue of the criminal order; 2. The name and personal details of the Defendant and criminal action's registration number; 3.…

1. The public prosecutor, with a rank of at least a Chief Prosecutor, and who is nominated under a decision of the Attorney General, may amend or revoke the criminal order within seven [7] days following its date of issu…

1. The Defendant may file with the Public Prosecution an objection to the criminal order issued against him within seven [7] days following its date of issue if issued in his presence, or as of the date of service of the…

The criminal order shall become final and unchallengeable with regard to the Defendant in either of the following cases: 1. In case the Defendant performs the criminal order through payment of the prescribed fine; or 2. …

1. Filing a civil action shall not preclude issuance of the criminal order, and the Plaintiff may resort to the competent civil court to claim his rights. 2. The decision made on the subject matter of the criminal action…

1. The final criminal order shall be enforced in accordance with the rules set forth in this law. 2. The enforcement of a criminal order may be objected to in the following two cases: a. If the criminal order is issued i…

The penalty prescribed by the criminal order shall not be deemed a criminal conviction that entails rehabilitation.

1. The Attorney General may amend or revoke the criminal order within thirty [30] following the date of its issue or amendment, or as of the date of waiver by the Defendant of its objection, even if the criminal order ha…

The Public Prosecution or the competent court, as the case may be, may initiate the procedures of Criminal Conciliation based on an agreement between the victim or his attorney appointed under a special power of attorney…

The provisions of Criminal Conciliation set forth in this Chapter shall apply to the following offenses: 1. Misdemeanors and infractions described in Articles 382 [Paragraph 1], 390, 394, 403, 404, 425, 426, 427, 431, 43…

1. The victim or their legal representative or attorney appointed under a special power of attorney, or their heirs or the latter's attorney appointed under a special power of attorney, may establish their conciliation w…

1. If the victim or his legal representative or attorney appointed under a special power of attorney, or his heirs or their attorney appointed under a special power of attorney, offers conciliation to the Defendant befor…

1. The Public Prosecution may, in respect of the offenses that are terminated on grounds of conciliation or waiver, and before the case is transferred to the criminal court, either sua sponte and with the consent of both…

1. Mediation procedures shall be of a confidential nature. Neither party may invoke the mediation procedures, any papers or information furnished in respect thereof, or any agreements or waivers by the parties involved, …

1. The mediator shall, if he becomes aware of any legal, ethical or other grounds that would preclude his neutrality, submit to the Public Prosecution a request to be relieved of continuing to act as a criminal mediator,…

1. The mediation procedures shall be terminated in the following instances: a. If the Defendant and the victim, or the persons in their behalf, enter into an agreement for bringing their dispute to an end by way of waive…

1. If, at the conclusion of the mediation process, the parties reach an agreement for conciliation and settlement of their dispute, in whole or in part, the mediator shall execute the Criminal Mediation agreement and sha…

1. The conciliation shall give rise to termination of the criminal action or stay of execution of the judgment rendered thereon, as the case may be. 2. If a conciliation is established with the Defendant after the crimin…

Conciliation shall have no effect on the civil rights of the victim or of the aggrieved party, or on the right of either of them to resort to the civil courts to claim final compensation for the damage sustained, unless …

1. The Minister of Justice or the Head of Local Judicial Body shall issue a resolution regulating the mediator's performance of Criminal Mediation duties and the requirements to be fulfilled by him, and disciplinary meas…

The Public Prosecution may, if the crime is actionable before the competent court, propose to the Defendant in misdemeanor cases a final out-of-court settlement of the criminal action, by accepting any of the punishments…

The Plea bargaining process shall not apply to the following offenses: 1. Qisas and Diyya offenses; 2. Criminal offenses affecting the national security; 3. Criminal offenses described in the Juvenile Delinquents and Vag…

1. Plea Bargaining in Misdemeanors shall be carried out based on a proposal of the Public Prosecution to impose one or more of the following penalties or measures: a. Payment of the fine prescribed by law for the offense…

1. The Public Prosecution shall serve the Defendant, if the same is not present, of the offered Plea Bargain, according to the methods and procedures of service set forth in this law. The served notice shall indicate the…

If the Defendant accepts the Plea Bargain, the Prosecutor shall draw up an independent report containing details of the Defendant, a description of the charges brought against him and the articles of law applicable there…

1. The Public Prosecutor shall transfer the Plea Bargain in Misdemeanors report, after the same is served upon the Defendant, to the competent criminal court. The court shall, in chambers, verify the validity of the proc…

1. If the Defendant declines, or if the court dismisses, the offered Plea Bargain in a misdemeanor, the Plea Bargain shall be deemed null and void. In which case, the Public Prosecution shall remove or withhold the Plea …

The penalty prescribed under the Plea Bargain process shall not be deemed a criminal conviction that entails rehabilitation.

The Public Prosecution may, either sua sponte or at the request of the Defendant in respect of the felonies and misdemeanors that are inseparably associated therewith, where the investigation procedures are completed and…

Without prejudice to the provisions of Article (361) hereof, the provisions of the Plea Bargain shall apply to the felonies punishable by a determinate prison sentence and the misdemeanors that are inseparably associated…

1. The Prosecution Member, with a rank of not less than a Chief Prosecutor, to be nominated under a decision of the Attorney General, shall, upon applying the Plea Bargain in felonies and the misdemeanors that are insepa…

1. The Public Prosecution shall serve upon the Defendant or whoever he decides of the Defendants – if they are not present –his offered Plea Bargain in felonies, according to the methods and procedures of service set for…

1. In case the Defendant accepts the offered Plea Bargain in felonies, the competent Prosecutor shall question the Defendant in detail, shall complete the necessary investigation procedures for reinforcing the evidence, …

The Public Prosecution shall transfer the criminal action, together with the report of thePlea Bargain in felonies, to the competent criminal court according to the procedures prescribed by law. The Court shall verify th…

The Defendant may retract his confession at any stage before the judgment is rendered. In which case, the criminal action shall be sent back to the Public Prosecution to be prosecuted and processed according to the proce…

1. The Plea Bargain in felonies shall be deemed null and void if the Defendant does not accept the proposed Plea Bargain or retracts his confession before the judgment being rendered, or if the court dismisses the same. …

1. Criminal settlement procedures shall be conducted in the presence of the attorney of the Defendant, and his presence during the Plea Bargain in felonies process shall be deemed mandatory. If, due to financial inabilit…

Without prejudice to the rights of bona fide third parties, the Defendant shall, if he accepts the Plea Bargain, shall surrender any objects or funds that are involved in, intended to be involved in, or resulting from, t…

Multiplicity of Defendants involved in the criminal action shall not prevent the Public Prosecution from initiating the Plea Bargaining procedures with any or all of them. In which case, the Public Prosecution shall disp…

1. The limitation period of the criminal action shall be interrupted based on the Plea Bargaining procedures. If there are several Plea Bargaining procedures, the limitation period shall commence as of the date of the la…

1. Subject to the provisions of Article [24.2] of this Law, the victim or the Plaintiff may file a claim with the Public Prosecution seeking provisional compensation from the Defendant for the damage sustained by him. Su…

Subject to the provisions of Article [207] of this Law, if a decision to reject the Plea Bargain is issued and the Public Prosecution decided to transfer the criminal action to the competent court, the judge, who rejecte…

1. The Public Prosecution and the convict may each challenge, by way of appeal, the judgment rendered on the Plea Bargaining in felony cases, on the grounds of invalid determination of the punishment, violation, misappli…

1. The procedure of imposing electronic monitoring on the Defendant is a situation where the Defendant or the convict is denied the right to be away, beyond the specified times, from his place of residence or any other p…

1. The Cabinet shall, based on the Minister of Interior's resolution, issue a resolution specifying the means used for enforcement of electronic monitoring and its implementation control and mechanism, or may assign the …

The Minister of Interior shall, in coordination with the relevant judicial bodies, issue the resolutions regulating the implementation of remote-control operations at the places of electronic monitoring.

1. The officers, non-commissioned officers and personnel of the police forces at the competent police stations and units shall have the competence to monitor compliance by the person undergoing electronic monitoring with…

The competent Public Prosecution may, at any time, at the request of the person undergoing electronic monitoring, engage a licensed and competent physician to verify that the electronic equipment means involved in the im…

The monitoring penalty, as well as the measures set forth in the penal codes in force in the State, may be enforced through the electronic means in accordance with the provisions and procedures set forth in both this Sec…

1. The Prosecutor may issue an order whereby the Defendant would provisionally undergo electronic monitoring, based on his approval or at his request, instead of his pretrial detention, under the same conditions set fort…

1.The Public Prosecution may, where the investigation procedures so necessitate, in-clude in the provisional Electronic Monitoring Order an Order that the accused abstain from communicating with the other defendants, his…

No order imposing provisional electronic monitoring shall be issued in respect of the criminal offenses punishable by the death penalty or life imprisonment, the offenses affecting internal or external nationality securi…

1. Provisional electronic monitoring shall be imposed after the Defendant is questioned, and shall be valid for thirty [30] days, which may be renewed only once for the same duration, subject to consent of the Defendant.…

1. The Public Prosecution may revoke the order imposing provisional electronic monitoring issued thereby, and issue an arrest warrant against the Defendant undergoing provisional electronic monitoring and keep him in rem…

The judge of the competent criminal court may, while hearing the motion for extending the electronic monitoring, order that the Defendant undergo provisional electronic monitoring, subject to the latter's consent, instea…

Appealing against or revocation of the decisions imposing provisional electronic monitoring shall be subject to the same rules, procedures and time limits prescribed for pretrial detention under Articles [133, 135, 136, …

Subtracting the provisional electronic monitoring durations upon enforcement of custodial sentences shall be subject to the same rules prescribed for pretrial detention under Articles [294, 295 and 296] of this Law.

1. When the court renders a judgment of confinement sentence for a term not exceeding two years, it may indicate in the operative part of judgment that the sentence be enforced through electronic monitoring; if it convin…

The duration of enforcement of the electronic monitoring-based punishment described in this Section shall commence as of the date of arresting the convict based on an enforceable judgment.

The court may, upon rendering a judgment indicating that the punishment would be enforced based on electronic monitoring, include in the operative part of judgment an order that the convict be subject to any of the penal…

The convict undergoing an electronic monitoring penalty shall keep the Public Prosecution having the jurisdiction to enforce the judgment notified of the following details: 1. Any changes to his occupation or place of re…