Criminal Settlement Provisions in Emirati Legislation

Obaid Muhayer Alshamsi1& Mohammad Amin Alkrisheh2

https://doi.org/10.62271/pjc.16.3.1073.1092

Abstract
Criminal settlement, introduced by Decree-Law No. 38 of 2022 concerning the Criminal Procedures Law, offers a significant alternative to traditional criminal prosecution in Emirati legislation. This mechanism alleviates the judicial system’s burden by avoiding lengthy criminal procedures. This research explores the nature, concept, and scope of criminal settlement, detailing its procedural stages and effects. Employing descriptive and analytical methods, it highlights that in misdemeanors, a successful settlement results in the termination
of criminal action, unless new elements emerge. For felonies, it leads to reduced penalties. If a misdemeanor settlement fails, the public prosecution must initiate proceedings. The study recommends that the Emirati legislator ensure settlements are proposed only when the accused is not detained, to avoid coercion and ensure free consent. This is crucial for maintaining the integrity of the settlement process and upholding justice within the framework of Emirati law.

Keywords: Emirati Criminal Procedures Law, criminal action, criminal settlement, procedures of criminal settlement, termination of criminal action.