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www.corpun.com   :  Archive   :  2002   :  AE Judicial Jan 2002

-- THE ARCHIVE --


UNITED ARAB EMIRATES

Judicial CP - January 2002



Khaleej Times, Dubai, 17 January 2002 (03 Zul Qaadah, 1422)

Amended penal code endorsed by FNC

By Muawia E. Ibrahim

(extracts)

THE Federal National Council (FNC) has endorsed the amended penal code of the country. Amendments to the Federal Law No. (3) for 1987 included 33 articles some of which stipulated more rigorous penalties, while others moderated punishments stipulated in the current law. Three additional articles have been incorporated in the law.

The law was approved by the house at its session on Tuesday, which was chaired by Speaker Mohammed bin Khalifa Al Habtoor, after a marathon debate. Minister of Justice, Islamic Affairs and Auqaf Mohammed Nakhira Al Dhahiri clarified amendments made by the government to the house and answered questions by members of the council.

Under the new law, the punishment for homicide is life imprisonment in accordance with Article 332, but the punishment can be elevated to a death sentence if the crime is premeditated, connected to another crime, committed against a public official while discharging his/her duty, or one in which a poisonous substance is used. The perpetrator will get a jail term of not less than one year even if the guardians of the victim agree to pardon.

Article 85 stipulates that a suspension or revocation of an execution order, can also be nullified by the court if the accused commits a premeditated crime and receives a jail sentence of more than two months, or a sentence by flogging. The execution order can also be nullified at the request of the prosecutor if the accused had earlier received a sentence, about which the court issuing the suspension of execution order was unaware.

In Article 147, the law states that unless clearly stated, the court can pardon an accused if the misdemeanor is tantamount to a scuffle during which the parties involved exchanged assaults and sustained minor injuries, or when the complainant offers a pardon. The articles makes it clear that the judge cannot grant a pardon in instances or crimes involving slandering and alcohol consumption.

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The amended Article No. 91 concerning punishment for criminals who committed a number of crimes stipulates that Ta'zeer (rebuke) slashes should not exceed 200. In another articles, the legislation stipulates that if the original punishment for the crime is Ta'zeer slashes, the court can increase the maximum penalty or sentence the culprit for a jail term of a minimum of six months. The amended Article No. 106 regarding repeated crimes reduced from five years to three the imprisonment term for anyone sentenced for a six-month jail term or more and commits a misdemeanour before completing three years after the end of the original punishment.

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