مقومات الإبعاد القضائي و أحكامه القانونية في التشريعات الجنائية الاتحادية

Abstract EN

It has become evident to us through our examination of the components of the judicial deportation and the judgment cases thereof that it is subject which is gaining significance in the field of criminal law.

This is because judicial deportation is considered as a criminal measure restricting freedom.

It applies when a foreigner is condemned with committing a crime or an offense that is punished by deportation.

The UAE criminal legislator distinguished between two types of judicial deportation.

The first is when deportation is carried out by virtue of a ruling sentencing the foreigner to deportation.

The second is optional deportation which is subject to the estimation authority of the court, which has the option to weigh between the condemnation of the foreigner by deporting or not deporting him as per the criminal seriousness thereof on the society.

The UAE legislator considered judicial deportation as a criminal measure in the federal punishment law and in the special criminal legislations.

So, the concept of the judicial deportation shall be considered and its elements and bases shall be recognized as per the legal texts stipulated in the federal criminal laws.

This is to diagnose the elements of judicial deportation, including the necessity of the fact that the deported person must have the status of a foreigner, the fact that he must have committed a crime requiring judicial deportation, and the fact that the crime is serious, as a fundamental condition mitigating the measure of judicial deportation.

The federal legislator has defined a number of texts specifying the ruling of judicial deportation that must be issued by the court.

The legislator also defined, in special criminal legislations, the texts where the decision of deporting or not deporting is left to the authority of the court in case judicial deportation does not clearly apply to the committed offense.