ضمانات الحرية الشخصية في مواجهة القبض في التشريع الاماراتي "دراسة مقارنة"

الملخص EN

Freedom, in the view of jurists, is a set of individual rights that create the essence of the individual personality, as it is defined as a set of recognized rights that enjoy legal protection guaranteed by the state, while not violating them, and indicating the means of protecting them.

It is not imagined that freedom is absolute so as not to result in chaos And the first episode of criminal legitimacy emerged represented in the rule of "no crime or punishment except based on the law" in order to protect the person from the danger of criminalization and punishment without the legislative tool (the law).

The importance of the arrest procedure is that it is a dangerous procedure that contradicts the principle of “the innocence of the accused”, as it restricts human freedom and leads to severe harm to him, and casts a shadow of doubt around him.

The UAE legislator did not explicitly provide for the use of force to carry out the arrest, as did the Egyptian legislature.

Contrary to Egyptian law, we find that when the UAE legislature authorized the arrest of persons without permission from the judicial authority, it expanded in defining the conditions that permit arrest.