Legislation Details
- Full Title: Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency
- Law Type: Federal Law
- Law Number: [no number] of 2022
- Issued Date: 13 Dec 2022
- Effective Date: 15 Mar 2023
- Official Gazette: No. 741
- Sector: Security and Safety
- Status: Active
- Number of Articles: 99
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law regulates the treatment of juvenile delinquents and juveniles at risk of delinquency in the UAE. It establishes a comprehensive framework for addressing juvenile crime and misconduct, including provisions on age determination, criminal liability, judicial measures, and rehabilitation programs. The law aims to protect the rights and wellbeing of juveniles while also holding them accountable for their actions through a specialized justice system. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022) This law is significant for businesses, families, and individuals in the UAE as it outlines the legal procedures and consequences for juvenile offenses. It introduces alternative sentencing options focused on rehabilitation and reintegration, rather than solely punitive measures. Employers, schools, and social service providers will need to be aware of their obligations and the protections afforded to juvenile offenders under this legislation. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022)
What is the scope and purpose of this law?
The provisions of this law apply to juvenile delinquents and juveniles at risk of delinquency in the UAE. It regulates the treatment of these individuals, establishing a specialized justice system and rehabilitation programs. The law aims to protect the rights and wellbeing of juveniles while also holding them accountable for their actions. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- Ministry: Ministry of Interior
- Competent Authority: The Federal Authority concerned with Child Affairs
- Concerned Entity: The Local Authority concerned with Children Affairs
- Child: Every person born alive who has not completed Eighteen Years old
- Juvenile Delinquent: A Child who commits offence punishable by the offences and Penalties Law or any other law
- Juvenile at Risk of Delinquency: The Child whose moral, sexual, physical, psychological, mental, intellectual or educational integrity may be exposed to risk that may lead to his being considered a Juvenile Delinquent
- Juvenile Association: A place which is suitable for care of Juvenile Delinquent and Juvenile at Risk of Delinquency
- Child Protection Specialist: The person licensed and assigned by the Competent Authority or the Concerned Entity to maintain the rights of the Child and protect the Child
- Guardian: The person legally responsible for the Child or he is Guardian of the Child
(Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. The Gregorian Calendar shall be used to calculate the age of juveniles under this law. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 3) 2. The age of a juvenile must be proven using an official document. If unavailable, the investigation authority or court shall appoint a specialist physician to estimate the age. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 4) 3. Juvenile delinquents under the age of 12 are not criminally liable, but the public prosecution may order administrative measures to be taken. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 5) 4. The court must apply specialized judicial measures, rather than regular criminal penalties, when dealing with juvenile delinquents. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Arts. 6-7, 11)
What are the penalties for non-compliance?
The law specifies the following penalties for juvenile delinquents: 1. Juvenile delinquents cannot be sentenced to death or imprisonment. Instead, the death penalty or imprisonment is replaced by imprisonment for a period not exceeding 10 years. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 8) 2. The period of imprisonment imposed on a juvenile delinquent may not exceed half of the maximum limit prescribed for the original penalty. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 8) 3. Juvenile delinquents are not subject to consequential or complementary penalties, except for confiscation and removal from employment, unless the court deems it beneficial. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 9) 4. Juvenile delinquents are not subject to financial penalties. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 9)
What judicial measures can the court impose?
The court may impose the following judicial measures on juvenile delinquents: 1. Judicial probationary period of 1-3 years, with supervision and restrictions. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 12) 2. Electronic surveillance to prevent the juvenile from visiting certain places. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 13) 3. Community service for a specified period and number of hours. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 14) 4. Mandatory vocational training for up to 3 years. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 15) 5. Placement in a health facility, juvenile association, or the National Counselling Centre. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Arts. 16-18) The court may impose more than one of these measures if it deems necessary. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 11)
How are juvenile delinquents tried?
The law establishes the following requirements for the trial of juvenile delinquents: 1. Trials must be held in private, with only the guardian, witnesses, lawyers, and authorized persons present. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 21) 2. Juveniles charged with felonies must be represented by a lawyer, paid for by the state if the guardian does not provide one. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 21) 3. The court may allow remote participation and exempt the juvenile from attending in person if it is in their best interest. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 21) 4. Specific investigation controls must be followed, such as notifying the guardian and avoiding the use of handcuffs except in specified cases. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 22)
How does this law interact with other UAE legislation?
This Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency repeals Federal Law No. (9) of 1976 concerning Delinquent Juveniles and Homeless. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Art. 48) The law also references and interacts with several other UAE federal laws, including: - Federal Law No. (1) of 1972 concerning the Competences of Ministries and the Powers of Ministers - Federal Law No. (35) of 1992 Promulgating the Criminal Procedures Law - Federal Law No. (43) of 1992 concerning the Penal Facilities Organisation - Federal Law No. (3) of 2016 concerning the Child Rights Law (Wadeema) - Federal Law No. (5) of 2017 concerning the Use of Telecommunication in Criminal Proceedings - Federal Law No. (28) of 2019 concerning the Establishment of the National Counselling Centre - Federal Law by Decree No. (31) of 2021 Promulgating the offences and Punishments Law - Federal Law by Decree No. (33) of 2021 Regulating Labour Relations - Federal Law by Decree No. (34) of 2021 On Combating Rumours and Cybercrimes (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Preamble)
When did this law come into effect?
This Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency was issued on 13 December 2022 and came into effect on 15 March 2023. (Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency, 2022, Issued Date and Effective Date)
Source Documents
This article analyses Federal Law Concerning Juvenile Delinquent and Juvenile at Risk of Delinquency 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.