Advisor Dr. Hamad Saif Al Shamsi, Attorney General of the United Arab Emirates, issued Regulations Nos. 0182, 0183, 0184, 0185 of 2022 regarding the definition of crimes to which the provisions of the Penal Ordinance apply, including the four Criminal Laws, as part of the Prosecution’s strategic directions to take a disciplinary approach to the outcome of a criminal case and to provide leading innovative judicial, judicial and legal services that follow global trends towards consensual sentencing, respond to the needs of society and strengthen the rule of law.
In accordance with decisions made in consultation with members of the public in the local court system, the offenses to which the criminal procedure provisions apply are defined in Federal Legislative Decree No. 31 of 2021 enacting the Crimes and penalties, the Road Traffic Act and its amendments and Federal Decree No. 29 of 2021 on the entry and stay of foreigners, in addition to Federal Decree-Law No. 30 of 2021 on the fight against drugs and substances psychotropics.
The tables annexed to the prosecutor’s orders provided (41) the types of offenses for which the members of the public prosecutor’s office may issue penal orders imposing the fine indicated in the tables annexed to these orders, provided that it does not exceed the half of the maximum amount of the fine set by law.
It should be noted that the sentence imposed by a penal order is not considered as a judicial precedent requiring rehabilitation.
In this regard, the Federal Prosecutor’s Office released through its social media accounts an informational film entitled “The Opportunity”, in which it noted the new punitive policy adopted by the UAE legislator in accordance with the new law. on drugs, taking into account that some users are patients and victims of drug traffickers, and the tendency to give the aggressor the opportunity to change for the better and begin to participate positively in the life of a way that reflects on his family and society, so that prosecutors are authorized to issue a penal order instead of imprisonment in accordance with the control measures established by decision of the Attorney General, with periodic examination for the presence of narcotics for a period of two years. Based on the prosecutor’s order, the desire to support anti-drug efforts.
The tables can be viewed at the following link –