Legislation Details
- Full Title: Federal Law Regarding Rehabilitation
- Law Type: Federal Law
- Law Number: [5] of 2022
- Issued Date: 13 Dec 2022
- Effective Date: 13 Mar 2023
- Official Gazette: No. 741
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 38
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law Regarding Rehabilitation regulates the process of rehabilitating individuals convicted of misdemeanors or felonies in the UAE. It establishes two types of rehabilitation: legal rehabilitation and judicial rehabilitation. The law sets out the conditions, procedures, and effects of rehabilitation, as well as the authorities responsible for its implementation. (Federal Law Regarding Rehabilitation, 2022, Art. 1-19) The law is significant for businesses and individuals in the UAE as it provides a framework for reintegrating convicted persons into society and restoring their legal rights and capacities. It aims to encourage reformed behavior and reduce recidivism, which benefits both the individual and the broader community. Employers, landlords, and others dealing with rehabilitated individuals will need to understand their rights and obligations under this law. (Federal Law Regarding Rehabilitation, 2022, Art. 1-19)
What is the scope and purpose of this law?
The law applies to every person convicted of a misdemeanor or felony in the UAE. Its purpose is to provide a system of rehabilitation to reintegrate these individuals into society and restore their legal rights and capacities. (Federal Law Regarding Rehabilitation, 2022, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- Ministry: Ministry of Interior
- Minister: Minister of Interior
- Applicant: The convicted person applying for rehabilitation
(Federal Law Regarding Rehabilitation, 2022, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. Convicted persons must meet all financial obligations imposed on them in favor of the state or individuals, unless they are unable to do so. (Federal Law Regarding Rehabilitation, 2022, Art. 7(1)) 2. If a convicted person has multiple judgments against them, the rehabilitation conditions must be met for each judgment individually. (Federal Law Regarding Rehabilitation, 2022, Art. 7(2)) 3. The applicant for rehabilitation must be residing in the UAE at the time of submitting the application. (Federal Law Regarding Rehabilitation, 2022, Art. 7(3)) 4. If a convicted person was jointly sentenced, they must pay their share of the debt to be eligible for rehabilitation. (Federal Law Regarding Rehabilitation, 2022, Art. 7(4))
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements for rehabilitation. The process involves submitting an application to the Public Prosecution and, in the case of judicial rehabilitation, obtaining a judgment from the competent court. (Federal Law Regarding Rehabilitation, 2022, Art. 8)
What rights and protections does this law provide?
The law provides the following rights and protections through the rehabilitation process: 1. Termination of all criminal effects arising from the conviction judgment in relation to the future. (Federal Law Regarding Rehabilitation, 2022, Art. 13(1)) 2. Termination of the consequences involving lack of legal capacity and deprivation of rights. (Federal Law Regarding Rehabilitation, 2022, Art. 13(2))
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law are: 1. The Public Prosecution, which is responsible for issuing legal rehabilitation decisions and submitting judicial rehabilitation applications to the competent court. (Federal Law Regarding Rehabilitation, 2022, Art. 4, 8) 2. The competent court, which is responsible for considering and issuing judgments on judicial rehabilitation applications. The competent court is determined by a resolution of the Minister of Justice or the head of the local judicial authority. (Federal Law Regarding Rehabilitation, 2022, Art. 5(2)) 3. The Ministry of Interior, which is responsible for providing the Public Prosecution with the applicant's criminal record and reports on their conduct. (Federal Law Regarding Rehabilitation, 2022, Art. 8(2))
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. It focuses on the procedures and requirements for obtaining rehabilitation, rather than imposing penalties for non-compliance.
What fees, charges, or financial provisions are specified?
The law states that the Cabinet shall issue a decision specifying the fees necessary to implement the provisions of this law. (Federal Law Regarding Rehabilitation, 2022, Art. 17)
What exemptions or exceptions apply?
The law provides the following exemptions from the requirement for rehabilitation: 1. Offenses for which the relevant laws stipulate that they are not considered as criminal convictions. (Federal Law Regarding Rehabilitation, 2022, Art. 15(1)) 2. Crimes for which the punishment prescribed in the law or the court-ordered penalty is a fine or a non-custodial sentence. (Federal Law Regarding Rehabilitation, 2022, Art. 15(2)) 3. Offenses of juvenile delinquents or those at risk of delinquency. (Federal Law Regarding Rehabilitation, 2022, Art. 15(3)) 4. Crimes for which a stay of execution has been issued. (Federal Law Regarding Rehabilitation, 2022, Art. 15(4)) 5. Crimes for which a penal writ is issued. (Federal Law Regarding Rehabilitation, 2022, Art. 15(5)) 6. Crimes terminated on the grounds of penal conciliation or reconciliation. (Federal Law Regarding Rehabilitation, 2022, Art. 15(6))
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms. It focuses on the procedures for obtaining rehabilitation and the effects of rehabilitation, rather than addressing dispute resolution.
What are the key deadlines and time limits?
The law establishes the following key deadlines and time limits: 1. For legal rehabilitation, the period is 6 months following the date of execution of the penalty, pardon, or lapse of the penalty on limitation grounds. (Federal Law Regarding Rehabilitation, 2022, Art. 4) 2. For judicial rehabilitation, the periods are: a. 6 months for non-peace disturbing felonies. (Federal Law Regarding Rehabilitation, 2022, Art. 5(1)(a)) b. 1 year for misdemeanors and felonies disturbing the peace or involving moral turpitude or breach of trust. (Federal Law Regarding Rehabilitation, 2022, Art. 5(1)(b)) c. 2 years for felonies affecting state security. (Federal Law Regarding Rehabilitation, 2022, Art. 5(1)(c)) 3. The Public Prosecution must submit the judicial rehabilitation application to the competent court within 1 month of receiving the application. (Federal Law Regarding Rehabilitation, 2022, Art. 8(5))
How does this law interact with other UAE legislation?
This law repeals Federal Law No. (36) of 1992 concerning Rehabilitation. (Federal Law Regarding Rehabilitation, 2022, Art. 18(1)) The law also references the following related legislation: - Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers - Federal Law No. (6) of 1978 Concerning the Establishment of Federal Courts and the Transfer of Jurisdiction of Local Judicial Authorities in Some Emirates to them - Federal Law No. (3) of 1983 Concerning the Federal Judicial Authority - Federal Law No. (35) of 1992 Promulgating the Code of Criminal Procedure - Federal Law No. (7) of 2014 Concerning Combating Terrorism Crimes - Federal Decree-Law No. (28) of 2019 Concerning the Establishment of the National Counseling Center - Federal Decree-Law No. (31) of 2021 Promulgating Crimes and Penalties Law (Federal Law Regarding Rehabilitation, 2022, Preamble)
When did this law come into effect?
This law shall enter into force three (3) months following the date of its issuance, which was 13 December 2022. Therefore, the effective date of this law is 13 March 2023. (Federal Law Regarding Rehabilitation, 2022, Art. 19)
Source Documents
This article analyses Federal Law Regarding Rehabilitation 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.