المراقبة الإلكترونية في التشريعات الإماراتية كبديل عن الحبس الاحتياطي : دراسة وصفية تحليلية

الملخص EN

The electronic monitoring system is considered as an effective and innovative alternative to the traditional methods of punishment.

Researchers have come up with this idea to eliminate some of the problems resulting from the implementation of sanctions in traditional ways.

The present study was devoted to the search for electronic surveillance as an alternative to pretrial detention.

The idea of electronic monitoring is based on the fact that whoever is placed under electronic surveillance must be in communication with the Public Prosecution via the electronic bracelet s/he is required to wear.

This facilitates access to him/her at any time in case s/he fails to attend one of the investigation or trial sessions.

The importance of the study lies in several aspects, the most important of which are: (1) the characteristics of electronic monitoring as an alternative to pretrial detention, (2) the potential elimination of the disadvantages of conventional custody, and (3) the contribution of electronic monitoring in mitigating the conditions and controls that the legislator has set and must take before the issuance of the conventional remand prison order.

We divided the study into three sections.

The first section dealt with the nature of electronic monitoring as an alternative to pre-trial detention, whereas the second section examined the conditions for applying the electronic monitoring system and the legal outlook for the application of this new system.

The last section, however, stated the most prominent obstacles facing this system, such as damages and other impediments, and the penalty for the violation of the electronic monitoring system.

The study concluded with a number of results and recommendations that the researcher reached.