The National Assembly approves a draft law that replaces the death penalty and imprisonment with imprisonment for juvenile delinquents

Saif bin Zayed: The smooth transfer of power to the head of state confirms the approach of good governance in the Emirates

  • The Federal National Council approves two federal bills on rehabilitation and on juvenile delinquents and those at risk of delinquency.

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Lieutenant-General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Interior, affirmed that "the smoothness and unanimity in the transfer of power, which the UAE witnessed, confirms the approach of good governance in the country," stressing that despite the people's grief over the departure of the late God willing, Sheikh Khalifa bin Zayed Al Nahyan, may his soul rest in peace, but the happiness was unanimously great at the election of His Highness Sheikh Mohamed bin Zayed Al Nahyan, as President of the State.

His Highness said, during the Federal National Council session, which was held yesterday: "This matter is not found in many places, and we must all of the legislative and executive authorities do everything we have to preserve these inherent values ​​that exist in the Emirati society, and achieve the ambition and aspirations of our wise leadership."

The Council approved two federal draft laws, the first on “rehabilitation”, and aimed at accelerating the integration of convicts into society, while the second on “juvenile delinquents and those at risk of delinquency”, which included heavy penalties of imprisonment for a period of no less than three years and a fine of no less than three years. Less than 200,000 dirhams, and the draft law defines the rules for sentencing a juvenile delinquent, that in cases in which a juvenile delinquent may be sentenced to a penal penalty, rules shall apply to him, including: The juvenile delinquent shall not be sentenced to the death penalty or imprisonment, and the two penalties shall be replaced by imprisonment for a period not exceeding over 10 years.

In detail, the Federal National Council held its 14th session of its third regular session of the 17th legislative term, chaired by Council Speaker Saqr Ghobash, and in the presence of Lieutenant-General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Interior, yesterday in Zayed Hall at the Council headquarters in Abu Dhabi, discussed and approved During which two federal draft laws on rehabilitation, and on juvenile delinquents and those at risk of delinquency, after amending and introducing a number of their articles and clauses.

At the beginning of his speech at the session, General Sheikh Saif bin Zayed Al Nahyan said, "The late Sheikh Khalifa bin Zayed Al Nahyan was an extension of the founding leader Sheikh Zayed bin Sultan Al Nahyan, may God rest his soul." His Highness affirmed that His Highness Sheikh Mohamed bin Zayed Al Nahyan, President of the State, came to be the best extension of them.

His Highness said, "What we have seen of smoothness and unanimity in the transfer of power confirms the approach of good governance in the UAE, and despite the people's grief over the passing away of the late Sheikh Khalifa bin Zayed Al Nahyan, the happiness was unanimously great at the election of His Highness." Sheikh Mohammed bin Zayed Al Nahyan, President of the State,” adding, “This is something that you do not find in many places, and we must all of the legislative and executive authorities do everything we have to preserve these inherent values ​​that exist in the Emirati society, and achieve the ambition and aspirations of our wise leadership. ».

The Council approved a draft law on rehabilitation, which aims to speed up the integration of convicts into society, facilitate their obtaining a certificate of criminal investigation without precedents, obtain jobs, and implement the idea of ​​aftercare for convicts.

A draft federal law on rehabilitation regulated the procedures for obtaining a person convicted of a felony or misdemeanor involving moral turpitude or dishonesty to restore his legal status, by specifying three matters: crimes for which legal rehabilitation may be made, the judicial authority competent for legal rehabilitation, and the dates for legal rehabilitation, in addition to The draft law included a legislative mandate for the Council of Ministers to form a committee to identify worrisome crimes for which judicial consideration would be restored.

The draft law introduced a new regulation that gives a convict sentenced to a misdemeanor or a felony that violates honor and honesty an opportunity to remove the future effects of the ruling against him, by regulating two types of rulings, the first of which is substantive provisions dealing with determining the conditions of the applicant for rehabilitation and crimes in which rehabilitation may be rehabilitated, and the second is procedural provisions that determine the course procedural for the convict to obtain his rehabilitation.

The Council also approved a draft federal law on juvenile delinquents and those at risk of delinquency, which aims to keep pace with the development of the legislative structure in the country, and to find legislative solutions to the challenges that the practical application of Federal Law No. 9 of 1976 on juvenile delinquents and homeless people resulted in.

The draft law defines a juvenile delinquent as a child who commits a crime punishable by the Crimes and Penalties Law or any other law.

He also defined a "juvenile exposed to delinquency" as a child whose moral, sexual, physical, psychological, mental, intellectual or educational integrity may be endangered, which may lead to his being considered a delinquent juvenile.

The draft law indicated that the measures and provisions stipulated in this law shall apply to delinquent juveniles and those at risk of delinquency.

The draft law specifies the rules for sentencing a juvenile delinquent, that in cases in which a juvenile delinquent may be sentenced to a penal penalty, rules are applied against him, including: The juvenile delinquent shall not be sentenced to the death penalty or imprisonment, and the two penalties shall be replaced by imprisonment for a period not exceeding 10 years, and may not exceed The term of the imprisonment sentence imposed on a juvenile delinquent is less than half of the maximum limit prescribed for the original penalty. In all cases, the imprisonment penalty that may be imposed on a juvenile delinquent according to this article is implemented in the juvenile institution. To the penal facility or institution to carry out the rest of the penalty.

According to the law, the court may place a juvenile delinquent under electronic surveillance to prevent him from frequenting the places where it is proven that his frequency has an effect on his delinquency.

The council introduced an article entitled “Deposit in the National Counseling Center,” which stipulates that the court may order the deposit of a delinquent juvenile whose terrorist danger is judged in the National Counseling Center, and the court decides to release or continue the deposit of the delinquent juvenile based on the periodic reports that the center submits to the court.

The draft law increases penalties so that the imposition of the penalties stipulated in this law does not prejudice any more severe penalty stipulated in any other law, and a fine of no less than 5000 dirhams and not more than 30 thousand dirhams shall be imposed on anyone who delivers the juvenile to him and refrains from submitting it to the competent authorities upon his request. or intentionally withholding from follow-up care programmes.

Whoever harbors a juvenile delinquent in violation of a judicial ruling issued against him, incites him to violate him, or helps him to do so, shall be punished by imprisonment and a fine of no less than 50 thousand dirhams, or one of these two penalties. Whoever exposes a juvenile to one of the cases of delinquency by assisting or inciting him to conduct it or facilitating it in any way, even if the delinquency case is not legally fulfilled, and the penalty shall be imprisonment for a period of no less than two years and a fine of no less than 100,000 dirhams. Or doing any of the preparatory, facilitating, or complementary acts to commit or incite them, even if the juvenile did not actually commit them. A period of no less than five years if he commits these acts with more than one juvenile, even at different times, and it is considered an aggravating circumstance if the offender isThe guardian of the child, and the punishment multiplies by the number of children.

Whoever publishes without permission the name and pictures of the juvenile delinquent, or publishes the facts of the investigation or trial, its summary or the summary of the judgment in any means of publication, media or social communication, and in any way whatsoever, shall be punished by imprisonment for a period of no less than one year and a fine of no less than 50 thousand dirhams. Whoever obstructs or prevents the employees of the Juvenile Institution from carrying out their tasks or obstructs their work without a legal basis shall be punished by imprisonment or a fine of no less than 10,000 dirhams.

In addition, a draft federal law on rehabilitation, which was approved by the Federal National Council yesterday, sets four general conditions for obtaining “rehabilitation”, the first of which is that the convict fulfill all the financial obligations he was sentenced to state or to individuals unless these obligations have expired. Or the convict proves that if he is unable to fulfill it, and secondly, if several judgments are issued against the applicant, consideration is not returned, unless the conditions stipulated in this law are fulfilled for each of them, provided that in calculating the period, they are attributed to the most recent provisions. .

The conditions included that the applicant for rehabilitation was residing in the state at the time of submitting the application, and if the convicted person had been jointly sentenced, it is sufficient for him to pay the amount of his personal debt in the debt and, if necessary, the competent court determines the share that he must pay.

According to the draft law, rehabilitation will result in the disappearance of all the criminal effects of the guilty verdict for the future, and the demise of the consequent lack of capacity and deprivation of rights.

The draft law identified six precedents that do not require rehabilitation for the purpose of this law, as judgments issued in the following crimes are not considered precedents with a request for rehabilitation, which are crimes for which the laws stipulate that they are not considered criminal records, and crimes for which the punishment prescribed in the law or punishment Those sentenced not restricted to freedom or with a fine only, crimes of juvenile delinquents or those who are at risk of delinquency, crimes for which judgments of stay of execution were issued, crimes for which a penal order was issued, crimes ending with penal conciliation or penal conciliation.

Rooms to facilitate the investigation of juvenile children

Lieutenant-General H.H. Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister and Minister of the Interior, revealed that the ministry has started implementing a project to establish investigation rooms for children, displaying, during the Federal National Council session, pictures of the new models of interrogation rooms with juveniles, which were designed in the form of games rooms that include Posters and cartoon pictures, taking into account the youth of their age.

His Highness said: "The room was provided with a glass insulation that allows the investigator to watch the child inside the room and ask questions to the child, in an environment and atmosphere that suits their nature. The room was also provided with surveillance and recording cameras that document the investigation that was conducted with the child."

The court may place a juvenile delinquent under electronic surveillance to prevent him from visiting places that affect his delinquency.

Rehabilitation shall result in the disappearance of all criminal effects of the conviction judgment for the future.

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