Legislation Details
- Full Title: Federal Law Concerning International Judicial Cooperation in Criminal Matters
- Law Type: Federal Law
- Law Number: [no number] of 2006
- Issued Date: 31 Oct 2006
- Effective Date: 31 Oct 2006
- Official Gazette: No. 457
- Sector: Security and Safety
- Status: Active
- Number of Articles: 169
- Chapters/Parts: 0
- Amendments: 1
Summary
This Federal Law regulates international judicial cooperation in criminal matters for the United Arab Emirates. It establishes the legal framework for the extradition of suspects and convicted persons, the transfer of convicted persons, and mutual legal assistance between the UAE and foreign judicial authorities. The law aims to facilitate cross-border cooperation in criminal investigations, prosecutions, and enforcement of sentences. It is an important piece of legislation for businesses and individuals in the UAE, as it outlines the procedures and requirements for obtaining assistance from or providing assistance to foreign states in criminal cases. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006)
What is the scope and purpose of this law?
The law applies to international judicial cooperation in criminal matters involving the UAE. It regulates the extradition of suspects and convicted persons, the transfer of convicted persons, and mutual legal assistance between the UAE and foreign judicial authorities. The purpose is to facilitate cross-border cooperation in criminal investigations, prosecutions, and enforcement of sentences. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 2, 6)
What are the key definitions under this law?
The law provides the following key definitions:
- State: The United Arab Emirates
- Ministry: The Ministry of Justice
- Minister: The Minister of Justice
- Competent Court: The competent Court of Appeal
- Central Authority: The competent department of the Ministry
- Competent Judicial Authority: A court having the jurisdiction to hear an international judicial cooperation procedure, or the Public Prosecution
- Foreign Judicial Authority: A competent judicial authority of a foreign state, or an international judicial authority established under an effective convention to which the State is a party or under a binding international resolution
- Requesting State: A foreign state that requests judicial cooperation from the UAE authorities
- Requested State: A state that is requested to execute a judicial cooperation
- Person Sought: Any person whose extradition or provisional arrest is requested on the grounds of an indictment or criminal judgment rendered against him by a foreign judicial authority
- Fugitive Wanted: Any person who is wanted from abroad on the grounds of an indictment or criminal judgment rendered against him by the UAE courts
- Convict to be Transferred: Any person who is convicted by the UAE courts or courts of a foreign judicial authority by a final and enforceable judgment of a custodial sentence
- State of Conviction: A state in which a conviction judgement is rendered and from which the convict is to be transferred
- State of Enforcement: A state to which the Convict is transferred to serve a sentence imposed on him or any remaining period thereof
(Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations and requirements: 1. The Central Authority of the UAE shall cooperate with any foreign Central Authority in criminal matters, pursuant to the provisions of this law and on the basis of reciprocity. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 2) 2. Suspects and convicted persons shall be handed over to Foreign Judicial Authorities in order to be interrogated, stand trial or serve sentences in accordance with the provisions of the law. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 6) 3. Extradition of wanted persons is subject to specific conditions, including that the crime is punishable by at least 1 year of imprisonment in both the Requesting State and the UAE, and that at least 6 months of the sentence remains to be served. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 7) 4. The law outlines the required contents and attachments for an extradition request, including details of the Person Sought, the applicable legal provisions, and supporting documents. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 11)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements under this law.
What rights and protections does this law provide?
The law provides the following rights and protections: 1. Extradition shall not be granted if there are substantial grounds for believing the request is made to prosecute or punish the person on the grounds of race, religion, nationality, or political opinion. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 9(5)) 2. Extradition shall not be granted if the person would be subjected to torture, inhumane or degrading treatment, or a harsh penalty incompatible with the offense in the Requesting State. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 9(10)) 3. Witnesses and experts appearing before foreign judicial authorities are granted immunity. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 51, 63)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Ministry of Justice, which houses the Central Authority responsible for cooperating with foreign authorities. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 1, 2) 2. The Competent Court of Appeal, which has jurisdiction to hear international judicial cooperation procedures. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 1, 18-20, 22-23) 3. The Public Prosecution, which is a Competent Judicial Authority under the law. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 1, 12, 17)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with this law.
What fees, charges, or financial provisions are specified?
The law states that the expenses, fees and costs related to the execution of a request for judicial assistance shall be borne by the Requesting State, except for the normal costs incurred in the execution of the request. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 55)
What exemptions or exceptions apply?
The law provides the following exemptions and exceptions: 1. Extradition shall not be granted if the person sought is a citizen of the UAE. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 9(1)) 2. Extradition shall not be granted if the offense is a political offense or an offense connected with a political offense, with some exceptions. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 9(3)) 3. Extradition shall not be granted if the offense is of a military character. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 9(4))
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms under this law.
What are the key deadlines and time limits?
The law includes the following key deadlines and time limits: 1. The UAE may surrender a person sought on a temporary basis to the Requesting State, on the condition that the person is returned as soon as practicable after the rendering of a decision, or within a time limit not exceeding 6 months. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 10) 2. If the Central Authority deems the information and documents provided to support an extradition request are insufficient, it may request the Requesting State to provide supplementary explanations or additional information within a time limit set by the Central Authority. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 12)
How does this law interact with other UAE legislation?
The law states that matters for which no provision appears in this law shall be subject to the Criminal Procedures Code and any other relevant laws. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006, Art. 4)
When did this law come into effect?
This Federal Law Concerning International Judicial Cooperation in Criminal Matters came into effect on 31 October 2006, the date it was issued. (Federal Law Concerning International Judicial Cooperation in Criminal Matters, 2006)
Source Documents
This article analyses Federal Law Concerning International Judicial Cooperation in Criminal Matters 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.