The Law offers temporary detention than imprisonment for offenders in minor
offences or other related offences. The concerned Law is in line with the new
Penal Code of UAE (Federal Decree-Law number 17 of 2018 amending Federal Law
number 35 of 1992) allowing for confinement of accused in a specific area that
is either his place of residence or other space authorized by the criminal
court. The Criminal Lawyers of Dubai will thus, enlighten the readers regarding
the nitty-gritty of the Law for a better understanding.
According to Article 1 of the Law, the public prosecutor or the criminal court
has the authority to offer this other electronic detention to prisoners against
whom a final judgment has been issued or any accused in a criminal matter whose
hearing has been adjourned by the court. The electronic device or transmitter
will provide information concerning the whereabouts of the concerned accused and
will notify the authority if the accused move out of the permissible territory
limits.
To be more precise, the Law allows the Public prosecutor or criminal court to
offer electronic detention under three circumstances as follows:
In addition, the Law allows different ways to the Ministry of Interior to
monitor the whereabouts of the accused through transmitter and Ministry can
utilize different procedures and application to supervise his movement such as
GPS or by inputting directions of his house as according to Article 3 of the
Law. Accordingly, the Ministry of Interior is responsible for establishing a
database containing all relevant information about the accused’s movement at a
federal or state level.
The Law further confirms the different qualities of the electronic device
under Article 5 as follows:
Another significant provision of the Law is Article 10 highlighting the
duties of the accused under electronic detention which are as follows:
It is pertinent to note that should the accused fails to obey the orders of the Public prosecutor or the criminal court, the Ministry of Interior will draft a report on the accused, and the public prosecutor shall take relevant actions on the accused.
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