Recent Developments: Criminal Procedure in Judiciary System
The government of UAE is keen to inculcate international best practices into its legal system. Therefore, they keep on introducing changes to their current legal framework. The key reason is to align it with international standards and also introduce innovation into the judicial system of the country. Some significant changes have been introduced to the criminal procedure in the UAE. The criminal procedure comes under the federal decree law. The law of 1992 is replaced with the new law that was introduced in March 2022. The new law will be effective in March 2023. Under the new law, the travel bans can be imposed by public prosecution. They can issue travel bans against the defendant during the time of investigation. The travel bans can be issued without any need for bail or passport seizure.
Nevertheless, this initiative came to ensure a smooth criminal proceeding. Moreover, it will also assist in swift progress in the investigations. Travel bans are also introduced to safeguard the public interests. The new changes to the law address the use of remote communication technology in criminal proceedings. Rest, lawyers are always the best choices to learn new laws and legal amendments. The key reform is introduced on integrating the technology into the criminal procedure. All the judicial and criminal proceedings are integrated with the use of advanced technology. It has encouraged the criminal courts, crime investigators, evidence collectors, and the entire judicial system to use remote communication technology. For it, the electronic signatures are given the status of legal and valid.
Besides, it also showed the government’s commitment to leveraging the technology in the entire judicial system of the UAE. There is enhanced management of crime-related assets under the new law. Now the public prosecution has extended its authority. They can take precautionary measures against the suspected assets that might be associated with criminal-related activities. Under this, some measures were outlined in the new law. It includes tracing assets, locating assets, freezing crime-related assets or property, seizure of suspected assets, and more. Further, the new law instructs to appoint an asset custodian. The asset custodian will be handling all the property and assets.
These measures are introduced to enhance fairness and transparency. Those individuals that are impacted by these measures can file for grievances. They can file a complaint before the UAE criminal courts or to the competent territorial court. The main motive is to modernize the country’s legal framework. Some of the key changes to federal law include the streamlining of the criminal procedure. Besides, it also works on enhancing judicial efficiency and improves its productivity with the introduction of technological advancements. It is important to note here that verdicts by the criminal courts in such matters are considered to be final. This offers closure to the relevant parties involved in the case.
Another exemplary development is provision of confidentiality. New law requires strict confidentiality in the process of mediation. This ensures that the sensitive information and details are not disclosed without proper permission. Therefore, confidentiality is stressed in the process of mediation. In addition, it also suggests the procedure for the rejection or dismissal of the mediators in case a dispute, deadlock, or conflict arises during the mediation process. This new law was introduced to support the mediation process. The emphasis is given to confidentiality to build trust of the parties and also to reduce the causes of conflicts and problems in the future. Besides, it enhances the integrity and reliability of the mediation. This reform also encourages the amicable resolution of legal matters.
Another development is introduction of plea bargaining. The concept of plea bargaining is applied to felonies and misdemeanors. Now this is formally included in the new law with the recent changes. However, the mechanism has enabled more public prosecution than before. Now the public prosecution can offer defendants some reduction in penalties in exchange for admitting culpability. As a result, it will reduce the burden on the UAE criminal courts. Further, it also encourages accountability among the defendants. This initiative will streamline the judicial proceedings.
