ﻧظام المراقبة الإلكترونية كبديل للعقوبة السالبة للحرية قصيرة المدة

Abstract EN

Electronic surveillance is one of the most advanced methods of modern punitive policy.

It is one of the most important applications of the scientific development of punishment, which showed the need to find alternatives to the traditional methods of custodial penalty.

Many developed countries resorted to using this method because experience proved the effective role achieved in warding off the disadvantages of custodial penalty.

Electronic surveillance was thus found to be an alternative means of temporary imprisonment.

The descriptive analytical approach has been used as a research method to draw conclusions and make appropriate recommendations.

We divided the research into two sections: in the first section we dealt with electronic surveillance as an alternative punishment to custodial penalty; while in the second section, we drew on the procedure of subjecting the perpetrator to electronic surveillance in the UAE legislation.

The study has reached a number of results, the most important of which is that the electronic surveillance system is based on the implementation of the punishment in an innovative way outside the walls of the prison - in the free center - in a so-called “prison at home”.

This method includes an electronic remote control system, under which the presence or absence of a person can be ascertained from the place of residence under a court order, where the sentenced person is allowed to remain at home, but his movements are limited and monitored with the help of a device installed in his wrist or at the bottom of his foot (electronic bracelet).

The study recommended that the electronic monitoring system should include a provision allowing for the deduction of the period of electronic monitoring of alternative precautionary detention in the case of the conviction of the subject and then the replacement of the sentence by electronic monitoring.

In this case, the period of observation may be deducted before the conviction of the period of observation after conviction.