UAE allows accused and victim to settle criminal matters amicably

This significant change in the new law is the acceptance of an agreement in criminal cases between the victim and the accused, regardless of whether this agreement was signed in court, the Prosecutor’s Office or even at the Notary Public. Such an agreement can be signed by a victim, her attorney, or even her heirs. This new modification introduces a very significant role for conciliation in the processing of criminal matters by the Public Ministry. We believe, in our professional and practical experience, that a settlement approach to specific criminal offenses will have a positive impact on both victims and offenders. Settlement can be achieved in specific cases even after judgment is rendered.

Conciliation in criminal cases

In its article 349, the new law grants the Public Ministry the right to offer both parties in a criminal case to reach an agreement and grants them 15 days for such reconciliation. However, it is important that this right was granted to a prosecutor to be executed at his sole discretion and is not mandatory to be executed. If no agreement was reached, the prosecutor has the right to extend the grace period once. However, if the deadline has expired and the victim or her heirs refuse to come to an agreement, the prosecutor can refer the case to the criminal court for criminal prosecution.

An important question to consider here is: “Can the agreement in a criminal case be signed on condition or suspended for a certain date?” or, in other words, “Can the transaction in a criminal case be subject to some potential condition for its invalidation or remain inactive for an uncertain time or until there is a certain date for its recognition?”.

The answer is no. Pursuant to article 352 of the amended law, the transaction in criminal cases will be concluded with immediate effect. You can’t stay pending topic or date. The law took a very practical and humane approach, allowing a victim to settle a criminal case while reserving their right to bring their own civil case later. The law indicates that as long as the transaction in a criminal case does not include a “waiver of the right to claim civil damages” clause, the victim will continue to have this right. In our view, this very humane approach both allows the victim to be compensated and gives no chance to affect the accused through criminal charges.

If there is more than one victim in the case and some accepted the settlement and others refused, article 353 of the reformed law warns that the criminal conciliation of the settlement should not be partially accepted by several victims. You have to agree with everyone. The law indicated that in the case with more than one defendant, if the victim decides to withdraw the lawsuits against (or reconcile with) one of them, said reconciliation must be extended to the other defendant. A settlement could be reached in the types of cases listed even after the judgment is deemed final. However, if the conciliation was made at this stage, its effect will only be to suspend the execution of the sentence, but it does not eliminate it from the criminal record of the accused.

Conciliation process in criminal cases

The reconciliation process was carefully considered in the new amendments to the law. The law specifies what types of cases will be concluded by settlement between the parties. Such cases include, but are not limited to, the following:

1. Criminal cases filed against a family member based on the final judgment of the Family Court due to non-payment of child support ordered by the Family Court, as stipulated in article 330 of the Federal Law of the UAE No. 3 of 1987 (the Penal Code);

2. A physical violence in case it results in damage or injury that requires

less than 20 days to heal, according to the provisions of article 339 of the Penal Code;

3. The crime occurs when someone recklessly injured the victim and caused permanent injury, according to the provisions of article 343 of the Penal Code;

4. Legal threats, provided for in articles 352-353 of the Penal Code;

5. Defamation by any means of publicity, provided for in articles 372-373 of the Penal Code;

6. Defamation by telephone or in private under article 374 of the Penal Code;

7. The violation of privacy through illegal recording or listening (without consent) of private conversations, those related to the private and family life of people, as well as the crime derived from the publication of said information (even if the information published was true). , according to the provisions of article 378 of the Penal Code;

8. The violation of confidentiality, and if this crime occurs mainly in the practical cases in which one of the employees of a company abused the confidential information entrusted, in order to obtain a personal benefit or to obtain a personal gain, according to the provisions of article 379/1 of the Penal Code. . According to the reforms, this crime may be eliminated at any stage through criminal settlement;

9. The crime originates from unauthorized access to messages or telephone calls without the consent of an interested person, according to the provisions of article 380 of the Penal Code;

10. The crime has its origin in the use of automobiles, motorcycles or any similar vehicle without the consent of its owner, in accordance with the provisions of article 394 of the Penal Code;

11. The crime originates from consuming food and drinks in the restaurant, staying in hotels or renting cars without paying the bills owed, in accordance with the provisions of article 395 of the Penal Code;

12. The crime comes from fraud or fraud, according to the provisions of article 399 of the Penal Code;

13. Cases of checks without funds, according to the provisions of article 401-403 of the Penal Code;

14. Cases of breach of trust, provided for in article 404 of the Penal Code;

15. The crime comes from taking possession of someone’s lost property, as provided in article 405 of the Penal Code;

16. The crime comes from the theft of mortgaged money, in accordance with the provisions of article 406 of the Penal Code;

17. The crime originates from defrauding a contractor, according to the provisions of article 423 of the Penal Code;

18. The crime originates from damaging the property of others, under the terms of article 424/1-2 of the Penal Code;

19. The crime originates from damaging or destroying trees, plants or agricultural equipment owned by others, under the terms of article 425/1 of the Penal Code;

20. The crime originates from damaging, relocating or removing the measuring walls intended for the division of private property, in accordance with the provisions of article 428 of the Penal Code;

21. The crime originates from killing animals, in accordance with the provisions of articles 431 and 433 of the Penal Code;

22. The crime has its origin in the illegal access to the private residential area or the permanence in the private residential area without the consent of the owner, or the concealment in said area, according to the provisions of article 434 of the Penal Code.