Legislation Details
- Full Title: Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office
- Law Type: Federal Decree-Law
- Law Number: [13] of 2021
- Issued Date: 15 Aug 2021
- Effective Date: 26 Nov 2021
- Official Gazette: No. 709
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 42
- Chapters/Parts: 0
- Amendments: 1
Summary
This Federal Decree-Law establishes and regulates the Federal Judicial Enforcement Office, a federal agency affiliated with the Attorney General. The law defines the Office's objectives, competences, and organizational structure, including the formation of its enforcement force, the powers of its employees, and the role of the Director General. It also outlines the Office's financial resources, budget, and administrative and financial regulations. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Arts. 1-17) The Federal Judicial Enforcement Office plays a crucial role in supporting the competent state agencies in maintaining security and stability, assisting the Public Prosecution in its duties, and coordinating with law enforcement authorities. The law grants the Office's employees the capacity of judicial enforcement officers, empowering them to exercise the powers and competences assigned to such officers under the Criminal Procedure and Police and Security Force Laws. This legislation is significant for businesses and individuals in the UAE as it strengthens the enforcement of criminal judgments and the overall administration of justice. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Arts. 2, 5, 7)
What is the scope and purpose of this law?
The scope of this Federal Decree-Law is to establish and regulate the Federal Judicial Enforcement Office, a federal agency affiliated with the Attorney General. The law aims to: (1) support and assist competent state agencies in maintaining security and stability; (2) assist the Public Prosecution in carrying out its duties, including verifying crimes and gathering evidence; and (3) coordinate with the concerned authorities in the field of law enforcement. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- Court: Presidential Court
- Chairman: Chairman of the Presidential Court
- Public Prosecution: Federal Public Prosecution
- Attorney General: Attorney General of the Federation
- Office: The Federal Judicial Enforcement Office
- Concerned Entities: Federal and Local Authorities related to the work of the Office
- Director General: Director of the Federal Judicial Enforcement Office
- Office Employees: Officers, non-commissioned officers, privates of other ranks, guards and civil servants working in the Office
- Officer: Everyone with the rank of Lieutenant and above
- Non-commissioned Officer: Everyone whose rank is less than the rank of officer and not less than the rank of first policeman
- Private: Everyone whose rank is less than the rank of non-commissioned officer
- Guard: Every person entrusted with duties of guarding, carrying weapons, and using them in accordance with the law
- Guarding Companies: Companies that provide a security service based on a licence issued thereto
(Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law include: 1. The Office shall conduct research and investigation of crimes that the Public Prosecution engages in within the jurisdiction of the federal courts, with the exception of those that fall under the jurisdiction of the State's Security Apparatus. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Art. 5(1)) 2. The Office shall execute the orders and decisions issued by the Public Prosecution in the crimes referred to in Article 5(1), with the local authorities providing the necessary assistance. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Art. 5(2)) 3. The Office shall enforce criminal judgments issued by federal courts in coordination with the concerned authorities. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Art. 5(3)) 4. The Office shall coordinate with the competent police departments at the State level. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Art. 5(4)) 5. The Office shall secure and guard the headquarters of the federal prosecution offices and courts. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Art. 5(5))
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law are: 1. The Attorney General: The Federal Judicial Enforcement Office is affiliated with the Attorney General, who is responsible for nominating the Director General and issuing decisions to arm the Office's employees. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Arts. 3(1), 8) 2. The Director General: The Director General is responsible for running the Office's work, representing it before courts, and answering to the Attorney General for the proper conduct of the Office's affairs. The Director General has various powers and competences outlined in the law. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Arts. 8, 9) 3. The Cabinet: The Cabinet is responsible for issuing the financial and administrative regulations and systems, including the human resources regulations of the Office, and approving the organizational structure of the Office. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Art. 13(1))
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. The legislation does not provide details on penalties.
How does this law interact with other UAE legislation?
This Federal Decree-Law interacts with the following UAE federal legislation: - Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers - Federal Law No. (10) of 1973 Concerning the Federal Supreme Court - Federal Law No. (12) of 1976 Concerning the Police & Security Forces - Federal Law No. (3) of 1983 Concerning the Federal Judicial Authority - Federal Law No. (3) of 1987 Promulgating the Penal Code - Federal Law No. (35) of 1992 Promulgating the Criminal Procedure Law - Federal Law No. (43) of 1992 Regulating Punitive Facilities - Federal Law No (2) of 2003 Concerning the State Security Apparatus - Federal Law by Decree No. (11) of 2008 Concerning Human Resources in the Federal Government - Federal Law No. (8) of 2011 Re-organizing the State Audit Institution - Federal Law No. (5) of 2017 Concerning the Use of Telecommunication in Criminal Proceedings - Federal Law No. (10) of 2019 Regulating the Relationship Between Federal and Local Judicial Authorities - Federal Law by Decree No. (26) of 2019 Concerning Public Finance (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Preamble)
When did this law come into effect?
This Federal Decree-Law came into effect on 26 November 2021, the date of its publication in the Official Gazette No. 709. (Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office, 2021, Art. 17)
Source Documents
This article analyses Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office 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.