Juvenile Delinquency Law

Article (1) Definitions

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

In application of the provisions of this Law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: State: United Arab Emirates. Ministry: Ministry of Interior. Minister of: Minister of the Interior. Competent Authority: The Federal Authority concerned with Child Affairs. The Concerned Entity: The Local Authority concerned with Children Affairs. Child: Every person born alive who has not completed Eighteen Years old. Juvenile Delinquent: A Child who commits offence punishable by the offences and Penalties Law or any other law. Juvenile at Risk of Delinquency: The Child whose moral, sexual, physical, psychological, mental, intellectual or educational integrity may be exposed to risk that may lead to his being considered a Juvenile Delinquent. Juvenile Association: A place which is suitable for care of Juvenile Delinquent and Juvenile at Risk of Delinquency. Child Protection Specialist: The person licensed and assigned by the Competent Authority or the Concerned Entity – as the case may be – to maintain the rights of the Child and protect the Child within the limits of their competencies, as stated in Federal Law No. (3) of 2016 concerning the Child Rights Law (Wadeema). Guardian: The person legally responsible for the Child or he is Guardian of the Child.

Article (2) Scope of Application

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The provisions stipulated in this law shall apply to Juvenile Delinquent and Juvenile at Risk of Delinquency.

Article (3) Age Calculation

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

Pursuant to the provisions of this law, the Gregorian Calendar shall be taken into account when the Age is calculated.

Article (4) Proof of the Age

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The age shall be proved under official document. If it is unavailable, the Investigation Authority or the Court shall appoint a specialist physician to estimate the age using his techniques.

Article (5) Criminal Liability

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

Delinquent Juvenile Who has not reached the age of (12) at the time of committing the legally punishable act shall not be criminally liable. The Public Prosecution may order the appropriate administrative measures stipulated in this law to be taken in the case of a Delinquent Juvenile who has not reached the age prescribed under this article, if it deems it necessary.

Article (6) Delinquent Juvenile who has not yet reached the Age of Sixteen

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

If the Delinquent Juvenile who has reached the age of (12) Twelve years and has not reached the age of (16) sixteen years has committed offence punishable by the Law of offences and Penalties or any other law, the Court shall rule to take whatever judicial measures it deems necessary provided for in this law.

Article (7) Delinquent Juvenile who has reached the Age of Sixteen

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

If the Delinquent Juvenile who has reached the age of (16) sixteen years has committed offence punishable by the Law of offences and Penalties or any other law, the Court shall rule to take whatever judicial measures it deems necessary provided for in this law instead of the prescribed penalties.

Article (8) Judgment Rules against Juvenile Delinquent

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

In the cases in which the Juvenile Delinquent may be sentenced to a criminal penalty, the following rules shall be applied against him: 1. The Juvenile Delinquent shall not be sentenced to death or imprisonment. 2. The death penalty or imprisonment for the offence committed by the Delinquent Juvenile shall be replaced by imprisonment for a period not exceeding (10) ten years. 3. The period of imprisonment imposed on a Juvenile Delinquent may not exceed half of the maximum limit prescribed for the original penalty. In all cases, the imprisonment that may be imposed on the Delinquent Juvenile in accordance with this Article shall be executed in the Juvenile Association. If the Delinquent Juvenile has reached the age of (18) eighteen years and he still has a remaining period, the Delinquent Juvenile shall be transferred to the Penal Institution or Association to complete the rest of the punishment.

Article (9) Penal Principles for Dealing with Juvenile Delinquents

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

1. The provisions of recidivism shall not apply to the Delinquent Juvenile. 2. The Juvenile Delinquent shall not be subject to consequential or complementary penalties, except for confiscation and removal from employment, unless the Court deems it beneficial to issue a judgment thereof. 3. The Juvenile Delinquent shall not be subject to financial penalties.

Article (10) Legal Guarantees for Juvenile Trial

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The following legal guarantees shall apply to the Delinquent Juvenile upon Trial: 1. If a Juvenile Delinquent commits more than one offence before a judgment is passed against him in one of the offences, the Juvenile Delinquent shall be tried for it as a single offence, provided that the penalty prescribed for the most severe offence is passed. 2. If, after the judgment against the Delinquent Juvenile that he committed another offence prior to the issuance of the judgment, the Court may find it sufficient with the judicial measures or the penalties imposed against him.

Article (11) Judicial Measures

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The Judicial Measures that the Court may impose on the Juvenile Delinquent in the event of conviction of offence are: 1. Judicial Probationary Period. 2. Electronic Surveillance. 3. Community Service. 4. Prohibition of practice of a certain work. 5. Mandatory vocational training. 6. Placing at the Health Facility. 7. Placing at the Juvenile Association. 8. Placing at the National Counselling Centre. In all cases, the Juvenile Delinquent may be sentenced to more than one of the measures referred to in the aforementioned, whenever his interest so requires.

Article (12) Judicial Probationary Period

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

In the cases in which the Delinquent Juvenile may be sentenced to imprisonment, the Court may order the suspension of pronouncement of the conviction for a period of not less than one year and not exceeding three years, provided that the Delinquent Juvenile has not reached the age of eighteen during the period of Judicial Probationary Period, while placing him under supervision and the restrictions required by the Judicial Probationary Period. If the Juvenile successfully passes the Judicial probationary period, the case shall be deemed as if it has not existed. Otherwise, the Juvenile shall be retried in accordance with the provisions of this Law. The Executive Regulations of this law shall determine the procedures for implementing the Judicial Probationary Period measure.

Article (13) Electronic Surveillance

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The Court may place the Delinquent Juvenile under Electronic Surveillance to prevent him from visiting the places where it is proven that his visit has an effect on his Delinquency. The Executive Regulations of this law shall determine the cases in which Surveillance is obligatory, and the duration and procedures for implementing and following up this measure.

Article (14) Community Service

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The Court may decide to assign a Delinquent Juvenile who has reached the age of sixteen to perform community service within a specified period of time and for a number of daily hours. If the Juvenile Delinquent does not undertake them or fails to complete them, the Court may decide what it deems appropriate from the measures mentioned in this law. The Executive Regulations of this law shall determine the conditions of community service, its performance locations, its duration, and the procedures for implementing this measure.

Article (15) Vocational Training

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The obligation for vocational training is that the Court entrusts the Delinquent Juvenile to Government Agencies, Associations or the Private Sector for a period not exceeding (3) three years. If the Delinquent Juvenile does not undertake vocational training or fails to complete it, the Court may decide what it deems appropriate from the measures mentioned in this law. The Executive Regulations of this law shall determine the procedures for implementing of this measure.

Article (16) Placing at a Health Facility

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

If the Court finds that the Juvenile Delinquency is due to a mental or psychological illness, it may order that he be placed in a therapeutic shelter or health facility designated for this purpose until he is cured. The Court then shall decide the release the Delinquent Juvenile based on periodic reports of the doctors supervising his treatment.

Article (17) Placing at the Juvenile Association

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The Court may order the placement of the Delinquent Juvenile in a Juvenile Association for rehabilitation and correction of behaviour. The Court shall decide the release of the Delinquent Juvenile or replace the measure with another based on the periodic reports submitted by the Juvenile Association. The Delinquent Juvenile may not remain in the Juvenile Association when he reaches the age of (18) eighteen years.

Article (18) Deposit at the National Counselling Centre

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The Court may order that the Delinquent Juvenile who is convicted of terrorist danger be deposited in the National Counselling Centre. The Court shall decide to release or continue the placement of the Juvenile Delinquent based on the periodic reports submitted by the National Counselling Centre to the Court.

Article (19) Stay of Execution

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

When a judgment is passed for one or more of the measures stipulated in this law, it may order the stay of execution of the judgment.

Article (20) Penal Reconciliation

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

Penal Reconciliation shall be applied to violations and misdemeanours for which the penalty of imprisonment does not exceed one year, if the Juvenile Delinquent commits the violations and misdemeanours for the first time.

Article (21) Delinquent Juvenile Trial

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

The Delinquent Juvenile Trial shall take place in private and in the presence of Child Protection Specialist. Only his Guardian, witnesses, lawyers, and those authorised by the Court may attend. A Juvenile Delinquent in felony offences shall not be tried except in the presence of a lawyer. If the Guardian does not assign a lawyer for the Juvenile, the Court shall assign him a lawyer who shall be paid by the State for his efforts as set forth in the Code of Criminal Procedure. The Court may carry out Trial procedures using remote communication technology in criminal proceedings. The Court may exempt the Delinquent Juvenile from attending the Trial in person and decide to hear the witnesses in his absence if it deems that his interest requires that. However, a conviction may not be passed except after the Delinquent Juvenile has been made aware of the procedures that took place in his absence, and the verdict shall be pronounced in an open session.

Article (22) Investigation Controls

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

When investigating a Delinquent Juvenile, the following rules shall be observed: 1. The Police shall notify the Guardian or one of the relatives of the Delinquent Juvenile as soon as possible if the information relating to him is fit for reporting. The Juvenile Delinquent may request the presence of the Guardian. 2. Iron handcuffs or any kind of handcuffs that restrict the movement of a Delinquent Juvenile may not be placed except in cases specified by the Executive Regulations of this law. 3. If the act committed by the Juvenile Delinquent constitutes a felony, the Police shall inform the Public Prosecution to take its actions before taking any procedural action against him. 4. The Police shall take the statement of the Delinquent Juvenile in cases other than felonies, in the presence of a Child Protection Specialist, who shall prepare a report on the Delinquent Juvenile and express his opinion in writing on issues related to his personality. The Executive Regulations shall determine the controls and places for taking the Delinquent Juvenile statement. 5. The Juvenile Delinquent shall be given the opportunity to express his views freely and his views shall be given due consideration in accordance with his age and maturity. 6. After completing the Delinquent Juvenile statement, the Police shall refer him to the Public Prosecution, and shall attach the report of the Child Protection Specialist, including a statement of the Delinquent social and psychological condition, the environment in which he grew up, his opinion on the factors that prompted him to commit the punishable act or exposed him to Delinquency, and the proposed measures to reform it. 7. The Public Prosecution shall inform the Juvenile Delinquent of the charges against him and deal with the accusation and the case.

Article (23) Remand in Custody

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

A Juvenile Delinquent may not be remanded in custody. However, if the circumstances of the case require taking a precautionary measure against him, the Public Prosecution may order that he be placed in a Juvenile Association, provided that the placement period does not exceed one week, unless the Court agrees to extend it for a maximum period of (30) thirty days. Instead of placing the Delinquent Juvenile, it may be ordered that the Delinquent Juvenile be handed over to his Guardian, provided that the Delinquent Juvenile is committed to present at every request.

Article (24) Trial Controls

Federal Law No. 6 of 2022 concerning Juvenile Delinquency and Juveniles at Risk of Delinquency

When prosecuting a Delinquent Juvenile, the following rules shall be observed: 1. If the case of the Delinquent Juvenile is related to Defendants who have completed (18) eighteen years of age at the time of committing the offence, the Trial procedures for the Delinquent Juvenile shall be carried out in accordance with the provisions of this law. 2. The jurisdiction of the Court shall be determined by the place where the legally punishable act took place. The Court may refer the criminal case to the Court within whose jurisdiction the Delinquent Juvenile or his family resides in order to achieve his best interest. The Court to which he is referred shall accept the case. 3. The Juvenile Delinquent, the Guardian, his lawyer, or one of the parties to the case may request the Court to discuss with the Child Protection Specialist concerning his report submitted to the Court. 4. The Court shall, after reviewing the report submitted by the Child Protection Specialist, rule on the case and be guided by what is stated therein. 5. If the conditioning of the act committed by the Delinquent Juvenile constitutes a felony, two Child Protection Specialists shall be present.