Date of Defense
19-4-2024 10:00 AM
Location
H2-1005
Document Type
Thesis Defense
Degree Name
Master of Public Law (MPL)
College
College of Law
Department
Public Law
First Advisor
Dr: Abu Alwafa Mohammed
Keywords
Federal Criminal Procedure Law No. (45) of 2023, rules of specific jurisdiction, determining specific jurisdiction according to the legal description of the incident as the case was filed.
Abstract
This study deals with the rules of specific jurisdiction for the major and minor criminal courts in accordance with the Federal Code of Criminal Procedure, where specific jurisdiction is one of the most important jurisdictions stipulated by the federal legislator, by allocating specific courts to specific types of crimes, after the general rule was that the court of misdemeanors and violations was competent to try those accused of committing A misdemeanor, or a violation, the Criminal Court has jurisdiction over felonies. In light of this, the federal legislator in the United Arab Emirates has singled out a new system with regard to specific jurisdiction, distinguishing between the major and minor criminal courts in terms of their jurisdiction and in terms of the number of judges in forming the two courts. The most important results The crime punishable by death or life imprisonment is within the jurisdiction of the Major Criminal Court, which is composed of three judges, and the crime punishable by temporary imprisonment is within the jurisdiction of the Minor Criminal Court, which is composed of one judge. Among the most important recommendations contained at the conclusion of the letter: We propose to the legislator to amend Articles “121, 122, and 123 of the Code of Criminal Procedure” regarding referring the incident to court, that is, it was not stated whether the referral would be to the major or minor criminal court, the legislator was satisfied with it.” "at the criminal court". The proposed amendment to Article 122 of the Federal Criminal Procedure Code: “If the Director of Public Prosecution or his representative sees that the incident is a felony punishable by retaliation, death, or life imprisonment, and that the evidence against the accused is sufficient, he decides to refer him to the High Criminal Court, and if the incident is a felony punishable by imprisonment.” Temporary and that the evidence is sufficient, he decides to refer him to the Minor Criminal Court, and if there is doubt as to whether the incident is a minor felony punishable by temporary imprisonment, or a misdemeanor, he shall refer him to the Major Criminal Court as a felony.”
Included in
THE SPECIFIC JURISDICTION OF THE MAJOR AND MINOR CRIMINAL COURTS IN ACCORDANCE WITH THE FEDERAL CRIMINAL PROCEDURE LAW
H2-1005
This study deals with the rules of specific jurisdiction for the major and minor criminal courts in accordance with the Federal Code of Criminal Procedure, where specific jurisdiction is one of the most important jurisdictions stipulated by the federal legislator, by allocating specific courts to specific types of crimes, after the general rule was that the court of misdemeanors and violations was competent to try those accused of committing A misdemeanor, or a violation, the Criminal Court has jurisdiction over felonies. In light of this, the federal legislator in the United Arab Emirates has singled out a new system with regard to specific jurisdiction, distinguishing between the major and minor criminal courts in terms of their jurisdiction and in terms of the number of judges in forming the two courts. The most important results The crime punishable by death or life imprisonment is within the jurisdiction of the Major Criminal Court, which is composed of three judges, and the crime punishable by temporary imprisonment is within the jurisdiction of the Minor Criminal Court, which is composed of one judge. Among the most important recommendations contained at the conclusion of the letter: We propose to the legislator to amend Articles “121, 122, and 123 of the Code of Criminal Procedure” regarding referring the incident to court, that is, it was not stated whether the referral would be to the major or minor criminal court, the legislator was satisfied with it.” "at the criminal court". The proposed amendment to Article 122 of the Federal Criminal Procedure Code: “If the Director of Public Prosecution or his representative sees that the incident is a felony punishable by retaliation, death, or life imprisonment, and that the evidence against the accused is sufficient, he decides to refer him to the High Criminal Court, and if the incident is a felony punishable by imprisonment.” Temporary and that the evidence is sufficient, he decides to refer him to the Minor Criminal Court, and if there is doubt as to whether the incident is a minor felony punishable by temporary imprisonment, or a misdemeanor, he shall refer him to the Major Criminal Court as a felony.”