Date of Defense
17-4-2025 1:00 PM
Location
H2 - 0012
Document Type
Thesis Defense
Degree Name
Master of Public Law (MPL)
College
COL
Department
Public Law
First Advisor
Dr. Mohamed Al Hammadi
Abstract
In pursuit of enhancing justice and improving the efficiency of the criminal justice system, modern legislations have witnessed significant developments in the mechanisms through which the state exercises its right to impose sanctions. This has been achieved through the adoption of innovative approaches in criminal policy. Several legal systems have embraced alternative mechanisms to resolve criminal disputes outside the framework of traditional criminal proceedings, whether in cases of violations (infractions), misdemeanors, or even certain felonies.
In line with this approach, the UAE legislator introduced the Criminal Settlement System in the latest amendment to the Federal Criminal Procedure Law as an alternative to traditional criminal proceedings. The objective is to alleviate the burden on courts and reduce the number of cases brought before them, thereby enhancing the speed and efficiency of adjudicating high-priority cases.
The Criminal Settlement System is defined as a procedure initiated by the Public Prosecution before instituting criminal proceedings, wherein the prosecution offers the accused the possibility of accepting certain measures or specific penalties for legally designated crimes in exchange for a full confession of guilt. This agreement is subject to approval by the competent judge, and upon ratification, the criminal case is dismissed without resorting to conventional trial proceedings. This mechanism facilitates a consensual resolution of criminal disputes between the parties involved.
This study aims to conduct a comparative analytical examination of the Criminal Settlement System in UAE legislation, while also reviewing similar legislative experiences in other jurisdictions. The objective is to identify points of convergence and divergence between the UAE's model and other legal systems that have adopted the Criminal Settlement System as an alternative to traditional criminal proceedings.
Additionally, the study explores the legal nature of the Criminal Settlement System, the conditions and procedures governing its application, as well as the types of offenses eligible for this mechanism. It further examines the legal implications of a successful or failed Criminal Settlement System agreement.
The study concludes that the Criminal Settlement System plays a pivotal role in criminal procedures, requiring enhanced awareness and understanding among legal professionals and relevant stakeholders. Given that the UAE has adopted this system based on the French model, further research and practical evaluations are necessary to assess its effectiveness and applicability, especially in light of the absence of its implementation in the national procedural legislation .
Included in
CRIMINAL SETTLEMENT IN THE UAE CRIMINAL PROCEDURE LAW
H2 - 0012
In pursuit of enhancing justice and improving the efficiency of the criminal justice system, modern legislations have witnessed significant developments in the mechanisms through which the state exercises its right to impose sanctions. This has been achieved through the adoption of innovative approaches in criminal policy. Several legal systems have embraced alternative mechanisms to resolve criminal disputes outside the framework of traditional criminal proceedings, whether in cases of violations (infractions), misdemeanors, or even certain felonies.
In line with this approach, the UAE legislator introduced the Criminal Settlement System in the latest amendment to the Federal Criminal Procedure Law as an alternative to traditional criminal proceedings. The objective is to alleviate the burden on courts and reduce the number of cases brought before them, thereby enhancing the speed and efficiency of adjudicating high-priority cases.
The Criminal Settlement System is defined as a procedure initiated by the Public Prosecution before instituting criminal proceedings, wherein the prosecution offers the accused the possibility of accepting certain measures or specific penalties for legally designated crimes in exchange for a full confession of guilt. This agreement is subject to approval by the competent judge, and upon ratification, the criminal case is dismissed without resorting to conventional trial proceedings. This mechanism facilitates a consensual resolution of criminal disputes between the parties involved.
This study aims to conduct a comparative analytical examination of the Criminal Settlement System in UAE legislation, while also reviewing similar legislative experiences in other jurisdictions. The objective is to identify points of convergence and divergence between the UAE's model and other legal systems that have adopted the Criminal Settlement System as an alternative to traditional criminal proceedings.
Additionally, the study explores the legal nature of the Criminal Settlement System, the conditions and procedures governing its application, as well as the types of offenses eligible for this mechanism. It further examines the legal implications of a successful or failed Criminal Settlement System agreement.
The study concludes that the Criminal Settlement System plays a pivotal role in criminal procedures, requiring enhanced awareness and understanding among legal professionals and relevant stakeholders. Given that the UAE has adopted this system based on the French model, further research and practical evaluations are necessary to assess its effectiveness and applicability, especially in light of the absence of its implementation in the national procedural legislation .