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UAE Criminal Procedure Law — articles 401–427
- Article 401 — Article (401) Enforcement of Complementary Punishments, Damages and Legal Costs
Imposing electronic monitoring on the convict shall not preclude the enforcement of complementary punishments, damages, refundable amounts and legal costs.
- Article 402 — Article (402) Supervising the Enforcement of Electronic Monitoring
1. The Public Prosecution shall supervise the enforcement of electronic monitoring based on periodic reports to be submitted thereto by the competent body on monitoring the conduct of the convict and performance of his o…
- Article 403 — Article (403) Cases of Mandatory Revocation of Electronic Monitoring Order
The Electronic Monitoring Order shall be revoked in any of the following instances: 1. If, during the enforcement of electronic monitoring, it becomes known that a final judgment imposing a custodial sentence had already…
- Article 404 — Article (404) Cases of Optional Revocation of Electronic Monitoring Order
The Electronic Monitoring Order may be revoked in either of the following instances: 1. If, during the electronic monitoring enforcement period, the convict commits a premeditated offense for which a pretrial detention p…
- Article 405 — Article (405) The Competent Authority for Revocation of Electronic Monitoring Order
1. The revocation judgment referred to in Articles [403] and [404] of this law shall be rendered by the court that ordered the electronic monitoring measure, upon motion of the Public Prosecution, and after serving a not…
- Article 406 — Article (406) Challenging and Opposing the Judgment Revoking the Electronic Monitoring Order
1. The revocation judgment referred to in the instances described in Article [403] of this law shall be final and unchallengeable. 2. Judgments of revocation rendered in absentia in the two instances referred to in Artic…
- Article 407 — Article (407) Effect of Revocation of Electronic Monitoring Order
The rendering of a judgment revoking the Electronic Monitoring Order shall require the convict to serve the court-ordered custodial sentence term which is still enforceable as of the day of undergoing electronic monitori…
- Article 408 — Section 4: Release and Imposing Electronic Monitoring on the Convict: Article (408) Motion to Undergo Electronic Monitoring for Remaining Sentence Term
Any convict punished by a custodial sentence for a term of not less than two years and not exceeding five [5] years, and who has served half of the sentence term, may file with the Public Prosecution a motion to be relea…
- Article 409 — Article (409) Verifying the Motion to Undergo Electronic Monitoring
1. The competent Public Prosecution shall examine the motion referred to in Article [408] of this law, in order to verify the convict's proper conduct during his stay at the penal institution to such an extent that sugge…
- Article 410 — Article (410) Deciding on the Motion for Release and Undergoing Electronic Monitoring
1. The court's judgment granting or dismissing the motion for release of the convict and imposing the electronic monitoring on him shall be final and unchallengeable. 2. If the Motion is dismissed, a new Motion may only …
- Article 411 — Article (411) Rules Applicable to Enforcement of Electronic Monitoring Order
Enforcement of the Electronic Monitoring Order described in this Section shall be subject to the same rules set forth in Article [402] hereof.
- Article 412 — Article (412) Rules Applicable to Procedures for and Effects of Revocation of Electronic Monitoring Order
1. The Electronic Monitoring Order described in this Section shall be revoked if any of the instances set forth in Articles [403.2, 403.3, 403.4 and 404] of this law is satisfied. 2. The procedures for, and effects of, r…
- Article 413 — Article (413) Enforcement of Release and Undergoing Electronic Monitoring
The competent authority of conditional release described in the Penal institutions Law may order that the release and electronic monitoring be enforced through the electronic means and pursuant to the provisions and proc…
- Article 414 — Article (414) Scope of Application
The law enforcement bodies vested with the authorities of detecting the criminal offenses and collecting the evidence, the Public Prosecution and the Courts may engage the remote communication technology in the criminal …
- Article 415 — Article (415) Appearance, Openness and Confidentiality
The provisions of appearance, openness and confidentiality of investigations shall be fulfilled through the use of remote communication technology if carried out according to the provisions hereof.
- Article 416 — Article (416) Conducting Procedures Remotely
The head of the competent body, or his authorized person, may conduct the procedures remotely whenever necessary at any stage of the criminal action, in such a way that facilitates fact-finding, investigation or litigati…
- Article 417 — Article (417) Remotely-Conducted Procedures beyond Territorial Jurisdiction of the Competent Emirate
The procedures may be conducted remotely beyond the territorial jurisdiction of the competent emirate, in coordination with the competent body, if the person - with whom the underlying procedures is required to be conduc…
- Article 418 — Article (418) The Defendant's Right to Object
The Defendant may, at the first hearing of trial based on the remote communication technology at any stage of litigation, request his physical appearance before the court. The court may grant or dismiss such a request in…
- Article 419 — Article (419) Attorney's Attendance Alongside the Defendant
Subject to the provisions of this Law, the attorney of the Defendant may meet or attend alongside the latter during the procedures of investigation or trial through the remote communication technology, in coordination wi…
- Article 420 — Article (420) Confidentiality of Remotely-Conducted Procedures
The remotely-conducted procedures shall be electronically recorded and kept, shall be deemed of a confidential nature, and shall only be circulated, accessed to or copied from the e-information system based on a permissi…
- Article 421 — Article (421) Application of Information Security Policy
The remote communication technology described in this law shall be subject to the information security regulations and policies in force in the State.
- Article 422 — Article (422) Writing Down the Remotely-Conducted Procedures
The competent authority may write down the remotely-conducted procedures in paper or electronic records or documents to be certified by it with no need to be signed by the persons concerned.
- Article 423 — Article (423) Use of Remotely-Conducted Procedures with Foreign States
Remotely-conducted procedures may be used for implementing the Letters rogatory and judicial assistance requests with foreign states according to the provisions of the agreements and treaties ratified by the State.
- Article 424 — Article (424) Use of Remotely-Conducted Procedures with the Juvenile and Child
Without prejudice to the Law of Juvenile Delinquents and Vagrants, the competent authority shall apply the remotely-conducted procedures with the juveniles and children.
- Article 425 — Article (425) Probative Value of Electronic Signature and Documents
1. The electronic signature shall have the same probative value of the physical signatures referred to in this law, as long as they observe the provisions set forth in the Law of Electronic Transactions and Trust Service…
- Article 426 — Article (426) Coordination and Technical and Procedural Assistance
Coordination shall be made by and between the Ministry of Interior, the Ministry of Justice, the judicial bodies and relevant entities for providing e-signature devices, preparing the rooms, and providing the modern mean…
- Article 427 — Article (427) Manual or Electronic Implementation of the Provisions of this Law
1. The crime detection and evidence-gathering bodies, investigation bodies and the courts may conduct any of the procedures set forth in this Law manually or electronically. 2. The judicial orders, decisions and judgment…