The legislator authorized the prosecution to offer conciliation to the two parties

4 procedures to prove penal reconciliation before the Public Prosecution

• Public Prosecution seeks to achieve the public interest.

  From the source

• Dr. Hamda Al Qatami: “The community members are keen to respond to the prosecution’s vision regarding an amicable settlement.”

picture

The judge in Dubai Courts, Dr. Hamda Al Qatami, confirmed that the UAE legislator has singled out special procedures for penal conciliation and specialized bodies to prove it, and then end the criminal case, pointing out that the Public Prosecution comes at the head of the competent authorities to prove conciliation in any of the investigation stages and act in four cases, And according to clear conditions that must be met to achieve this, noting that the law allows the Public Prosecution to offer reconciliation if one of the parties does not initiate it.

Al-Qatami told "Emirates Today" as part of the "Legal Behavior" initiative launched by Dubai Courts to spread legal awareness among members of society, that the first case is the presence of the two parties before a member of the Public Prosecution, and the victim, his agent or his heirs expressing the desire to reconcile, provided that This is accepted by the present accused, then the member of the Public Prosecution confirms the conciliation in the investigation report and the two parties sign it.

She indicated that the second case is that the victim submits a reconciliation report with the accused, documented by the notary, indicating the parties and the reconciled incident, and the presence of the accused in this case is not required, in light of proving reconciliation before a public official with official papers that can only be challenged by forgery.

Al-Qatami explained that the third case is that the victim offers reconciliation with the accused during the investigations, even in the absence of the accused, provided that the accused attends in person later, and accepts the reconciliation, and then proves this in a report before the competent member of the Public Prosecution.

And she added that the fourth case is achieved in the event that the accused is restricted in freedom for any reason, and the victim was unable to appear before the Public Prosecution to prove reconciliation with the accused, so the legislator authorized his own agent, heirs or their special agent, to prove reconciliation with the victim, his special agent, his heirs, or Their special agent is in a document certified by the notary public, and it is presented before the Public Prosecution member to record it in the investigation report and to dispose of the criminal case in light of it.

Al-Qatami stated that according to Article 349 of the Code of Criminal Procedure and its amendments, “If the victim or his heirs do not initiate reconciliation with the accused before referring him to the criminal trial, the Public Prosecution may offer reconciliation to the accused, the victim, or his heirs, after informing the accused of his crime, its evidence and punishment, Compensation for the damages caused to the victim.

The term of conciliation shall be 15 days, and it may be extended for a similar period, and a report shall be drawn up of the measures that have been taken and the results of the conciliation proposal.”

She indicated that the UAE legislator authorized the prosecution, in its capacity as the representative of society and the trustee of the criminal case, to offer conciliation to the accused, the victim, or his heirs in the crimes specified exclusively in the text of Article 347 of the same law, in the event that there was no initiative for conciliation by the victim or his heirs with The accused, and the case was still during the preliminary investigation stage, and that the Public Prosecution inform the accused of the crime, the evidence against him, the penalty prescribed for it by law, and how to redress those damages to the victim.

Al-Qatami added that in view of the importance of conciliation and its positive impact on its parties and the course of the criminal case in general, and then its reflection on society, it is proposed to amend the text of the previous article by making the offer of penal conciliation to the parties to the case in the cases indicated in the text obligatory for the member of the Public Prosecution and not permissive, as individuals Society is keen to respond to the prosecution's vision regarding amicable settlement, given that the prosecution service is characterized by impartiality, achieving the public interest and its important position in society as an arm of protection and safety.

Follow our latest local and sports news and the latest political and economic developments via Google news