The UAE government issues a federal decree law amending some provisions of the Crimes and Penal Code

The UAE government issued a federal decree law amending some provisions of the Crimes and Penal Code, within the framework of the UAE’s keenness to consolidate the principles of justice, preserve rights, enhance the protection of society, and develop its legislative system to keep pace with social and security developments, enhance the rule of law and public and private deterrence, and protect the groups most vulnerable to violation.

The issuance of the decree law comes in the context of the state’s permanent approach towards legislative modernization by reviewing laws and improving their executive tools to ensure the achievement of justice, and to support the efforts of the judicial and judicial authorities in dealing with rapid developments and confronting challenges with modern and effective methods.

The new amendments include enhancing the ability of the judiciary to evaluate the cases of those convicted of some serious crimes, by allowing the convict to be subjected to medical, psychological, and social examinations during the last six months of the sentence, with the aim of preparing a comprehensive assessment of criminal danger based on the history and behavior of the convict, the results of specialized examinations, and approved professional reports.

The new amendment allows the Public Prosecution, whenever it deems it justified, to submit a request to the competent court that issued the ruling, to order that additional precautionary measures be taken after the end of the original sentence if it is proven that the convict is still dangerous, and his condition requires the application of this measure in order to preserve the safety of society. These measures include placement in rehabilitation centers, placement in therapeutic shelters, or submission to electronic supervision or monitoring, with the aim of enhancing the safety of society and protecting the individuals most vulnerable to harm. This request is subject to the discretion of the court.

The amendments also include granting the court, upon the request of the Public Prosecutor, the power to suspend the implementation of a sentence restricting freedom in certain crimes against the security of the state, whenever there are serious reasons calling for confidence in the righteousness of the convict, by imposing one or more of the measures stipulated in Article (235) of the Crimes and Penal Code, provided that the duration of the measure does not exceed the duration of the sentence imposed or the remaining period of it. The court may rule to cancel the stay of execution order and return the convict to the penal institution for implementation. The remaining period, based on a request from the Public Prosecutor, if the convict violates any of the conditions set by the court or commits a new intentional crime during the period of validity of the measure, in order to ensure achieving a balance between the requirements of protecting state security and providing opportunities for reform and reintegration.

The decree law introduced strict restrictions on crimes related to sexual assaults or consensual sexual intercourse, stipulating that anyone who has reached the age of eighteen be punished with imprisonment if he has intercourse with a female or has sexual intercourse with a person of the same sex under the age of 18, for a period of not less than 10 years and a fine of not less than 100,000 dirhams, even if it was with their consent.

The decree-law affirmed that consent is not considered legally unless the victim has completed sixteen years of age. The amendment also stipulates that the provisions of the Juvenile Offenders and Those at Risk of Delinquency Act shall be applied to everyone who has not completed (18) eighteen years of age and has consensually intercourse with a female or had sexual intercourse with a male, and to everyone who has not completed (18) eighteen years of age and had consensual intercourse with a male or had sexual intercourse with a female. This emphasis reflects the state’s keenness to protect minors and prevent any exploitation or violation of their rights.

The amendments also included tightening penalties for crimes of incitement, solicitation, or seduction to immorality or prostitution, as the decree law stipulated that the penalty be imprisonment for a period of not less than two years and a fine for anyone who commits these acts. The penalty shall be imprisonment and a fine if the victim is under eighteen years of age, in order to ensure the protection of juveniles from any dangerous practices or illegal exploitation.

The amendments confirmed that modernizing the crimes and penal laws represents a fundamental pillar in the process of legislative development in the UAE, and reflects the commitment of the wise leadership to strengthening societal security, consolidating justice, preserving human dignity, and protecting the most vulnerable groups within an advanced legal system that responds to the requirements of the current stage and anticipates the future. The amendments represent an important addition to national efforts in combating crime, enhancing deterrence, and developing the justice system to ensure the protection of society and the preservation of its established values, security, and stability.