الشروط العامة لإصدار الأمر الجزائي في التشريع الإماراتي سندا للمرسوم بقانون اتحادي رقم (17)‎ لسنة 2018 : دراسة تحليلية

الملخص EN

According to articles 332-345 of the amended decree of the criminal procedures law no.

17 of 2018, the UAE legislator allows a member of the public prosecution, whose rank is not less than a first prosecutor, to settle within his jurisdiction the misdemeanors and contraventions that are punishable by a fine, imprisonment, a fine without investigation, trial, or a limited fine, even in the absence of the accused.

this will result in the termination of the criminal litigation, if the accused does not object to the criminal order, or it is modified or canceled by the public prosecutor, or by a member of the public prosecution whose rank is not less than the head of a public prosecutor.

moreover, the UAE legislator has created two different criteria that regulate the conditions for issuing the criminal order.

these are article 333 of the decree and article 3 of the attorney general’s resolution no.

119 of2019.

in addition, the legislator allows the public prosecutor to cancel the criminal order even if it was implemented.

likewise, the UAE legislator considered the penalty stipulated in the legal text to be the criterion for issuing the criminal order, specifying that there is no effect of the legal extenuating excuses and the estimated mitigating circumstances on the criminal order.