Legislation Details
- Full Title: Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like
- Law Type: Federal Law
- Law Number: Cabinet Resolution No. (47) of 2023
- Issued Date: 01 May 2023
- Effective Date: 16 May 2023
- Official Gazette: No. 751
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 58
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like. The law regulates the procedures and measures for protecting witnesses, informants, and other persons who cooperate with the authorities in criminal proceedings and are at risk of retaliation. The Resolution defines the functions and obligations of the Protection Unit, the phases of the protection program, the criteria for determining protective measures, and the rights and duties of protected persons. It aims to encourage cooperation with law enforcement and ensure the safety of those who assist in criminal investigations and prosecutions. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 1-27)
What is the scope and purpose of this law?
The Cabinet Resolution regulates the implementation of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like. It applies to individuals who are required to be protected due to their cooperation with authorities in criminal proceedings, including witnesses, informants, and other persons whose life, safety, or freedom is at risk. The purpose is to establish a comprehensive policy and procedures for protecting these individuals and encouraging their cooperation with law enforcement. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 1-2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- Ministry: The Ministry of Interior
- Minister: The Minister of Interior
- Law: Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like
- Security Guard: A guard appointed pursuant to the Law of Private Security Companies
(Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 1)
What are the main obligations and requirements?
The main obligations of the Protection Unit under this Resolution include: 1. Providing the required protection to the protected person according to the protection program. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 3(1)) 2. Preparing appropriate sites and places inside or outside the UAE for implementing the protection programs, in coordination with the competent authorities. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 3(2)) 3. Setting appropriate work procedures to secure the protection programs and protect data. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 3(3)) 4. Coordinating with private security companies to select security guards for implementing the protection programs. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 3(4))
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements for individuals or entities under this law.
What rights and protections does this law provide?
The law provides the following key rights and protections for protected persons: 1. The right to receive funds during the implementation of the protection program, subject to controls over the sources and relation to criminal activities. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 14) 2. The ability to request discontinuation or change of the protection program. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 10) 3. Protection of the confidentiality of the protection program details and the identity of those involved. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 9(5))
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement and implementation of the protection program under this law are: 1. The Protection Unit, which is responsible for developing the protection policy, assessing risks, designing and implementing the protection program, and coordinating with other authorities. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 2-3) 2. The Competent Court, which is responsible for deciding on applications for enrollment in the protection program and issuing directives related to the program. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 7, 13, 15) 3. The Competent Authority and Judicial Authority, which can submit applications for enrollment in the protection program. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 7)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Cabinet Resolution.
What fees, charges, or financial provisions are specified?
The Resolution states that the Protection Program shall be approved in coordination with the authorities in charge of financial affairs. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 4(2)) However, it does not provide any details on specific fees, charges, or financial provisions.
What exemptions or exceptions apply?
The legislation does not specify any exemptions or exceptions from the scope of this Cabinet Resolution.
How are disputes resolved under this law?
The Resolution does not provide any details on dispute resolution mechanisms under this law.
What are the key deadlines and time limits?
The key deadlines and time limits specified in the Resolution are: 1. The Competent Court must decide on an application for enrollment in the protection program within 15 business days. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 7(2)) 2. The Protection Unit may take temporary protective measures for up to 15 days until the Competent Court's decision on admission to the protection program is issued. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 8)
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued pursuant to Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like, which it aims to implement. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Preamble) The Resolution also references the following related legislation: - The Constitution - Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers - The Law of Private Security Companies (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Art. 1)
When did this law come into effect?
This Cabinet Resolution came into effect on 16 May 2023, the date specified as the Effective Date. (Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like, 2023, Effective Date)
Source Documents
This article analyses Cabinet Resolution on the Executive Regulations of Federal Law on the Protection of Witnesses and the Like for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.