03/02/2019 Justice, safety and the law | Senior Prosecutor / Dr. Saeed Balhaj
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Since the ancient time exists the consideration to find alternatives
to custodial sentences as fundamental step in the reform process. There
is a variety of alternatives for punitive policy makers according to the
circumstances and social interests. Many of legislations resorted to various
alternatives, which are under the consideration of the judicial authority, from
which they may choose what suits each case in accordance to the discretionary
power in this regard. The custodial sentences are those that require its
implementation to put the convicted person under custody in a certain place for
a certain period of time, depriving him of his freedom to move on wherever he
desires; as stipulated by the UAE legislator in the 5th section of the 1st book
of the UAE Federal law. With alternatives to custodial sentences, its means a
group of legal procedures, which are issued by penalty judgment against
offenders who are found guilty in a legal offense, which does not entail
deprivation of their freedom by subjecting them to punitive treatment; its kind
to be determined in the judgment, aiming to their re-qualifying and their reformation.
There are many forms and types of alternative
penalties. These alternatives may focus on restricting the freedom of the
convicted person or affecting his financial liability. The most important of those alternatives are the traditional ones such
as to suspend the execution, judicial examination, conditional release and
judicial pardons; alternatives affecting financial liability and corporate
entity such as fines,court reprimands ,obligation to remove the damage and
compensation of the victim; and the modern alternatives such as reform work and
service of society and to be placed under electronic monitoring. The
UAE legislator keeps pace with development in regard with finding alternatives
to custodial sentences and has recently issued Federal Law Decree No. 17/2018
that amended some provisions of the Criminal Procedure Law, which states the
penal order, which to be considered as alternative to custodial sentence, as a
judicial order to impose a fine. The same decree also issued the electronic
monitoring system, such procedure which aims to deprive the convicted person or
defendant of being absent of his place
of residence or any other place designated by the order issued by the Public
Prosecution or the competent court according to circumstances in other period
of times, except those times allotted to him. It shall be implemented through
electronic means that allow online monitoring and which obligates the subject
person to carry electronic DVD transmitter device throughout the period of
observation.
Anonymous Commented on 26/06/2019
هل يعقل لنفس الجرم معالجتين هوائيتين مرة امر جزائي بغرامة لما تحت مئتي الف مشكورين ومرة للذين فوق مئتي الف سجن وتدمير عائلة المستثمر وعوائل الموظفين وتشريد الجميع وتدمير الاقتصاد وضياع كل المديونيات نتيجة الحبس وانفقاد الثقة فيه كمستثمر وأين في افضل بلد بالعالم اقتصاد وقانون من يصدق ذلك ومن يصدق ان كل دول العالم استبدلت احكام الحبس بالغرامة لهذه الجنحة الا الامارات اوصل للسوق الاستثماري لدرجة تعب نتيجة الاستمرار بهذه الازدواجية والمعالجة المقيدة للحرية نتيجة أهواء قاضي قد خيره ا لمرسوم فاختار ا
Anonymous Commented on 19/05/2019
i think such alternatives will enhance the justice system.
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