Date of Defense
3-11-2025 12:00 AM
Location
H2 - 1005
Document Type
Thesis Defense
Degree Name
Master of Public Law (MPL)
College
College of Law
Department
Public Law
Keywords
criminal med iation - prompt justice - alternatives to criminal case - mediation agreement - penal reconciliationreconciliation.
Abstract
The study dealt with criminal mediation (a comparative study), and the study aims to identify the legal provisions of criminal mediation in UAE legislation and comparative legislation, and to highlight the objectives of criminal mediation in UAE law compared to other legislation, as well as determine the field of criminal mediation in UAE legislation compared to other legislation. Clarifying the procedures for practicing penal mediation in UAE legislation compared to other legislation and proposing appropriate solutions in order to remedy the shortcomings that prevent the development of penal mediation in this area as a new procedure. The importance of this topic is highlighted in that it provides a theoretical and practical benefit at the same time, as for the theoretical importance, it appears in shedding light on this topic, which needs extensive and in-depth studies, especially as it came as a result of the justice reform program as well as the amendments that affected the penal field in the UAE legislation, as well as the practical importance that it highlights through the advantages it provides to the judiciary and litigants, as it is an effective way to reduce the burden on the courts, maintain friendly relations between litigants and protect their rights. The process is of a confidential nature that prevents the secrets of the parties from being made public. Criminal mediation has great importance in some Arab and comparative legislation in general, and the procedural impact of criminal mediation on the criminal case varies according to the result that reached it, whether success or failure, and before that, it must be noted the impact of the mediation process itself on the statute of limitations of the criminal case for countries that adopt the statute of limitations and other countries, so the research lies problematic and raises the following question: "How adequate, are the provisions in achieving the purposes of penal mediation? In order to emphasize the quality and importance of the topic, several approaches will be pursued, between the descriptive approach that relies on information and facts about the research and placing it in a tight and complete template, as well as the analytical method, which depends on conducting an in-depth study of each part of the research, it is not enough to display and collect what is existing and existing, but each part is addressed after describing it with analysis, including the analysis of jurisprudential opinions, model laws, national laws and others, as well as the comparative approach through comparison between different opinions. Jurisprudence, legislation and regulations that dealt with the subject of penal mediation and compared the UAE legislation compared to other legislations such as Algerian and French, in order to clarify the truth of matters and draw conclusions.
Included in
CRIMINAL MEDIATION (COMPARATIVE STUDY)
H2 - 1005
The study dealt with criminal mediation (a comparative study), and the study aims to identify the legal provisions of criminal mediation in UAE legislation and comparative legislation, and to highlight the objectives of criminal mediation in UAE law compared to other legislation, as well as determine the field of criminal mediation in UAE legislation compared to other legislation. Clarifying the procedures for practicing penal mediation in UAE legislation compared to other legislation and proposing appropriate solutions in order to remedy the shortcomings that prevent the development of penal mediation in this area as a new procedure. The importance of this topic is highlighted in that it provides a theoretical and practical benefit at the same time, as for the theoretical importance, it appears in shedding light on this topic, which needs extensive and in-depth studies, especially as it came as a result of the justice reform program as well as the amendments that affected the penal field in the UAE legislation, as well as the practical importance that it highlights through the advantages it provides to the judiciary and litigants, as it is an effective way to reduce the burden on the courts, maintain friendly relations between litigants and protect their rights. The process is of a confidential nature that prevents the secrets of the parties from being made public. Criminal mediation has great importance in some Arab and comparative legislation in general, and the procedural impact of criminal mediation on the criminal case varies according to the result that reached it, whether success or failure, and before that, it must be noted the impact of the mediation process itself on the statute of limitations of the criminal case for countries that adopt the statute of limitations and other countries, so the research lies problematic and raises the following question: "How adequate, are the provisions in achieving the purposes of penal mediation? In order to emphasize the quality and importance of the topic, several approaches will be pursued, between the descriptive approach that relies on information and facts about the research and placing it in a tight and complete template, as well as the analytical method, which depends on conducting an in-depth study of each part of the research, it is not enough to display and collect what is existing and existing, but each part is addressed after describing it with analysis, including the analysis of jurisprudential opinions, model laws, national laws and others, as well as the comparative approach through comparison between different opinions. Jurisprudence, legislation and regulations that dealt with the subject of penal mediation and compared the UAE legislation compared to other legislations such as Algerian and French, in order to clarify the truth of matters and draw conclusions.