Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law (justice and juiciary law)

Article (189 ) Crimes Perpetrated against Victims with Psychological or 
Mental Disorder   
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 If a crime is committed against a person with a psychological or mental disorder, the 
competent court may, either sua sponte  or upon motion of the Public Prosecution, issue an 
order to place him temporarily at a hospital or medical treatment facility or to  hand him over 
to his family or a trusted person -  as the case may be -  until the case is adjudicated on.  
  
Chapter 2 Special Procedures for Misdemeanor and I nfraction Courts  
 Article 190 Judgment in Absentia or in Presence  
1. In case the party duly summon ed neither appears on the day specified in the notice to 
appear, nor is represented by an attorney in the cases permitted by law, the court shall 
adjudicate on the case in absentia.  
2. In the event that the case is instituted against several persons for th e same act, and any of 
them has appeared before the court and others failed to appear, the court shall adjourn the 
case to a subsequent hearing in order to re -serve those who failed to appear. The judgment 
shall be rendered in the presence of all of them.  
  
Article (191 ) Judgment Rendered as if in Presence  
The judgment shall be deemed in the presence of all litigants who attended the hearing 
upon calling the case, even if they leave the courtroom afterwards or fail to appear at the 
hearings to which the case is adjourned.  
  
Article (192 ) Effect of the Judgment Rendered as if in Presence 
In the above -mentioned instances where the judgment is considered to be rendered in the 
presence of the litigants, the court shall investigate the case brought before it as if the litigant  
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 is physically present.  
  
Chapter 3 Special Procedures for Criminal Courts  
 Article (193 ) Felonies Tribunal 
Each court of first instance shall have one or more tribunals for major criminal offenses 
consisting of three judges, and one or more tribunals for minor criminal offenses consisting 
of a single judge.  
  
Article (194 ) Scope of Jurisdiction of Criminal Court  
The  jurisdiction of the Criminal Court shall include the territorial scope for jurisdiction of the 
courts of first instance at the seat of this court, and it may hold its hearings elsewhere within its territorial jurisdiction.  
  
Article (195 ) Duties of Court -Appointed Attorney  
1. The attorney, assigned by the court or appointed by the Defendant, shall defend the lat-
ter at the hearings or delegate someone else to represent him, failing which, he shall be condemned to a fine not exceeding [AED 1,000] one thousand dirhams, without preju-
dice to the disciplinary trial, if applicable. The Judgment of fine shall be final.  
2. The court may relieve him of the fine if it is established that he has had an acceptable 
excuse that prevented him from attending the hearing in person or delegating someone 
else to act on his behalf.  
  
Article (196 ) Determination of Fees for Court -Appoint ed Attorney  
The court shall issue, at the request of the court -appointed attorney, an order determining  
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 his professional fees to be borne by the public treasury, as guided by the fees schedule 
issued under a resolution of the Minister of Justice or the head of the judicial authority, as the case may be. This order shall be unchallengeable.  
  
Article (197 ) Setting the Dates for Hearing the Case  
1. The chief justice of the competent criminal court shall, when the case file is referred 
thereto, order that the Defendant and the witnesses be notified of the day scheduled for 
hearing the case, and the Public Prosecution shall subpoena them.  
2. In the event that there are serious reasons for adjournment of the case, it shall be ad-
journed to a fixed date.  
  
Article (198 ) The Power to Arrest or Keep the Defendant on Remand  
The criminal court may, in all cases, order that the Defendant be arrested and brought before 
it or  be remanded in custody and may release the remand prisoner on or without a personal 
guarantee or a bail bond.  
  
Article (199) Failure of the Felony -Charged Defendant to Appear 
Where the Defendant charged with a felony fails to appear on the hearing date, after being duly served with the decision to prosecute and a Notice to Appear, the court may either 
render a judgment in absentia or adjourn the case and order that the Defendant be served 
again.  
  
Article (200 ) Denying the Defendant's Right to Dispose of his Property  
For every judgment of conviction that gives rise to depriving the Defendant of the right to  
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 dispose of or manage his own property or to institute any legal proceedings in his own 
name, the Public Prosecution, the Defendant or any interested party shall petition the Court of First Instance, within whose jurisdiction the property of the convict is located, to appoint a 
Receiver to manage the said property. The court may order the Receiver so appointed to 
provide a guarantee, and such Receiver shall be supervised by the court in respect of all 
affairs of receivership, and shall submit thereto a statement of account.  
  
Article (201 ) Service of Process upon the Defendant Residing Abroad 
In the event that the Defendant is residing outside the State, t he decision to prosecute and 
the subpoena shall both be served upon him at his place of residence, if known, at least one 
month prior to the date set for hearing the case. Judgment may be rendered in absentia if the 
Defendant fails to appear after being du ly served or where the service could not be 
conducted.  
  
Article (202 ) Reading out the Decision to Prosecute and the Papers at the 
Hearing  
The decision to prosecute shall be read out at the hearing followed by all the papers proving 
that the absent Defenda nt has been duly served, following which, the Public Prosecution 
and the other litigants shall submit their statements and requests. Next, the court shall, if necessary, hear the witnesses and then adjudicate on the case.  
  
Article (203 ) Enforcement of The  Judgment in Absentia  
As soon as rendered, the judgment in absentia shall be enforced as concerns all enforceable 
penalties and measures, and for damages, it may be enforced as of its rendering date. In  
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 which case, the Plaintiff shall provide a personal or  pecuniary security, unless otherwise is 
stated in the judgment. The security shall be refunded two years following the rendering 
date of the judgment.  
  
Article (204 ) Re-Trial of the Convict based on a Judgment in Absentia  
In the event that the Defendant convicted in absentia appears before the court or is arrested, the case shall be re -heard before the court. If the previous judgment for damages has been 
enforced, the court may order a refund of the amounts collected, in whole or in part.  
  
Article (205 ) Failure of an Defendant to Appear  
The absence of an Defendant shall not delay the decision on the case with regard to the other Defendants. In case the Defendant charged with a misdemeanor that is brought before 
the criminal court fails to appear, the proc edures applicable before the Misdemeanor Court 
shall apply.  
  
Part 3 INELIGIBILITY, DISQUALIFICATION AND RECUSAL OF JUDGE  
 Article (206 ) The Eligibility, Disqualification and Recusal of Judge 
The provisions and procedures set forth in the Civil Procedure L aw shall apply to the judge's 
eligibility to hear any legal proceeding and his disqualification and recusal, subject to the provisions of Articles [207] and [208] of this Law.  
  
Article (207 ) Situations Where the Judge Steps Down from a Case   
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 1. The judge s hall be prohibited from getting involved in hearing the case if the offense has 
been perpetrated against him in person, or if he has performed the duties of the Judicial 
Police Officer, the Public Prosecution or an attorney of any litigant involved therein , or 
where the judge has given testimony or performed any expert witness's duties in respect 
of the case in question.  
2. The judge shall also be prohibited from getting involved in rendering a judgment on an appeal in cassation if the appealed judgment has  been rendered by him.  
  
Article (208 ) Disqualification of Judges  
1. The litigants may disqualify the judges from adjudicating on any case in the instances 
described in Article [207] of this Law, and based on all disqualification instances de-
scribed in the  Civil Procedure Law.  
2. Neither the Public Prosecution Members, nor the Judicial Police Officers, may be dis-
qualified.  
  
Part 4 Judgment  
Chapter 1 Rendering of Judgment  
  
Article (209 ) No Obligation on the Court to Abide by Preliminary 
Investigation and Fact -Finding Reports  
The court shall be under no obligation to abide by the contents of the preliminary 
investigation or fact -finding reports, unless otherwise provided for in the Law.  
  
Article (210 ) Satisfaction of the Judge   
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 The judge shall adjudicate on the case according to his own satisfaction. However, the judge 
may not render a judgment based on any evidence that has not been produced to the litigants at the hearings.  
  
Article (211) Open Hearing of the Judgment  
1. The judgment shall be rendered at an open court hearing, even of the case has been 
heard camera, and shall be written down in the hearing transcript and signed by both the 
presiding judge and the clerk.  
2. The Court may order that necessary measures be taken to prevent the Defendant from 
leaving the courtroom before the judgment is pronounced, or to ensure his appearance at the hearing of adjudication, even if by rendering a judgment of detention against him , 
where the pretrial detention is permissible as regards the underlying offense.  
  
Article (212 ) Judgment of Acquittal  
If the incident in question is not proven, or where the law does not prescribe a penalty for it, 
the Court shall decide acquittal of the Defendant, and the latter shall be released if he is kept 
in detention only based on such an incident.  
  
Article (213 ) Judgment of Conviction 
If the incident in question is proven and constitutes a punishable offense, the Court shall 
render the sentence according to the provisions set forth in this Law.  
  
Article (214 ) Court's Compliance with Case Elements  
No judgment may be rendered against the Defendant on grounds of any incident other than  
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 the one described in both the decision to prosecute and the notice to appear, nor may a 
judgment be rendered against a person other than the Defendant against whom the case is 
instituted.  
  
Article (215 ) Change of Legal Characterization of the Incident  
1. The Court may include in its judgment a change of the legal characterization of the inci-
dent imputed to the Defendant, and may change the charge as deemed appropriate in 
light of the investigation or pleadings at the hearing.  
2. The Court shall keep the Defendant notified o f such change, and shall grant him a time 
limit for preparing his defense based on the new description or characterization, if the 
same is requested by the Defendant.  
3. The Court may also correct any typographical error or omission in the words of indict-
ment as contained in the decision to prosecute or in the notice to appear before the 
court.  
  
Article (216 ) Hearing Transcript and Judgment  
The hearing transcript and judgment shall be complementary to each other for establishing 
the trial procedures and de tails of the judgment introduction.  
  
Article (217 ) Content of Judgment and Adjudication on Motions  
1. The judgment shall contain the grounds upon which it is based, and every judgment of 
conviction shall include details of the wrongful act that entails th e penalty and its cir-
cumstances, and shall refer to the text of the law whereby the judgment is rendered.   
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 2. The Court shall decide on the motions submitted thereto by the litigant, and shall indi-
cate the grounds of its decision.  
3. Notwithstanding the pro visions of Clauses [1 and 2] of this Article, it may be sufficient 
for the judgment rendered on the one -day cases to only include a description of the 
charge and its relevant articles of the law, and a summary of judgment grounds, and the 
same shall not be  deemed a defect or shortcoming in the factual grounds of grounds, 
and, as such, shall not invalidate the judgment.  
  
Article (218 ) Rendering of Judgment by Majority Opinion or Unanimity  
The presiding judge shall collect the opinions, starting with the new est judge and so on up to 
the most senior judge, and shall then give his opinion. Judgment shall be rendered based on 
majority opinion, except for the judgments involving death penalty, which must be rendered 
by unanimity. In the absence of such unanimity,  the death penalty sentence shall be 
replaced with life imprisonment sentence.  
  
Article (219 ) Compulsory Procedures upon Pronouncing a Judgment  
Upon pronouncing the jud gment, the Court shall keep the same in the case file, including its 
grounds, and signed by the presiding judge and the judges.  
  
Chapter 2 Correction of Judgments and D ecisions  
 Article (220 ) Correction of Material Error  
1. If a material error occurs as to a judgment or a decision and does not give rise invalidity 
thereof, the court that renders the judgment or decision shall, either sua sponte or mo-tion of any litigant, correct such an error without pleadings. The correction  shall be con- 
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 ducted on the underlying judgment or decision and shall be signed by the presiding 
judge.  
2. Such a procedure shall apply to the instances of correcting the name and surname of the Defendant.  
3. Improper listing or posting of the judgment or decision on the e -system shall be classi-
fied as a material error.  
4. The correction decision may be appealed in cassation if the issuing body thereof exceeds 
its legal authority, using the means of appealing in cassation allowable for the judgment 
or decision in question.  
5. The decision rejecting the correction shall not be independently appealed in cassation.  
  
Part 5 INVALIDITY  
 Article (221 ) Invalid Procedure  
The procedure shall be deemed invalid if the sam e is explicitly provided for in the law, or if 
the procedure involves any defect due to which the purpose of the procedure could not be 
achieved.  
  
Article (222 ) Invocation of Public Order- Related Invalidity  
If the invalidity is due to failure to observe t he provisions of the law relating to the formation 
of the court, or authority to adjudicate on the case, or its jurisdiction in terms of the type of 
crime brought before it, or due to a matter relating to the public order, such invalidity may 
be invoked at  any stage of the case, and shall be decided by the Court even without motion.  
   
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 Article (223 ) Invalidity Unrelated to Public Order  
Except for the instances where the invalidity is relating to the public order, the invalidity may 
only be invoked by the par ty in whose favor the same is established, unless such a party has 
caused such invalidity.  
  
Article (224 ) Judgment of Invalidity  
Invalidity shall only be decided by the Court if the purpose of the form or matter required is proven to have occurred.  
  
Article (225 ) Termination of Invalidity  
Invalidity shall cease to exist if explicitly or implicitly waived by the party in whose favor the same is established, except for the instances where the invalidity is relating to the public 
order.  
  
Article (226 ) Correction of the Notice to Appear  
If the Defendant attends a court hearing in person or through an attorney, he may not 
invoke invalidity of the Notice to Appear, but rather, he may request a time extension for 
getting his defense prepared before the cas e is heard, and the court shall grant such a 
request.  
  
Article (227 ) Replacement of Invalid Procedure  
The invalid procedure may be replaced with a valid one, even after the invalidity is invoked, provided that the same takes place within the legal timeframe prescribed for performing the 
underlying procedure. If no such timeframe is established in the law, the Court shall set an  
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 appropriate time limit. In which case, the underlying procedure shall only become effective 
as of its replacement date.  
  
Article (228 ) Effect of Invalid Procedure  
The invalid procedure shall not give rise to invalidity of the other procedures preceding it or 
those subsequent thereto, unless they have been dependent thereon.  
  
Part 6 Challenging Judgments  
Chapter 1 Opposition  
  
Article (229 ) Opposition against a Judgment in Absentia  
1. The convict and the Defendant liable for civil rights may challenge, by way of opposition, 
the judgments rendered in absentia on the misdemeanors and infractions within seven [7] days of the date o f being notified of the judgment. The statement of opposition shall 
be filed with the office of criminal clerks of the Public Prosecution located within the ter-
ritorial jurisdiction of the Court that rendered the judgment, and shall indicate the date 
of th e hearing scheduled for the opposition proceeding. The filing of a statement of op-
position shall be deemed a service of the judgment in absentia, even if the same is filed 
by the attorney.  
2. The opposition shall cause the case to be heard ab initio with r egard to the opposing 
party before the Court that rendered the judgment in absentia. The opposing party shall 
not sustain any harm as a result of his opposition proceeding. If the opposing party fails to attend the first hearing scheduled for hearing his o pposition proceeding, the opposi-
tion proceeding shall be deemed null and void, and any challenge filed by the opposing 
party against the judgment rendered in absentia shall not be admitted.   
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Chapter 2 Appeal  
Article (230 ) Appealing the First Instance Court's Judgments  
1. The Defendant and the Public Prosecution may each appeal against the judgments ren-
dered on the criminal action by the courts of first instance.  
2. Appealing a judgment shall not give rise to a stay of its execution, unless otherwise de-
cided by the Court of Appeal according to the conditions it considers appropriate.  
3. The judgment imposing death penalty sentence shall be deemed appealed by operation of law and its execution is stayed.  
  
Article (231 ) Appea ling the Judgment Rendered on Interrelated Offenses  
The judgment rendered on inseparably interrelated offenses may be appealed, even if the 
appeal is legally permissible for the Appellant only with regard to any particular items of 
such offenses.  
  
Article (232 ) Appealing the Jurisdiction -Related Judgments  
1. The judgments rendered before the merits are adjudicated on may only be appealed if 
they give rise to a stay of proceedings.  
2. Appealing the judgment rendered on  the merits shall inevitably result in appealing such 
judgments. However, all judgments establishing lack of jurisdiction may be appealed.  
3. The judgments establishing jurisdiction may be appealed if the court has no jurisdiction to hear the case in quest ion.  
   
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 Article (233 ) Appealing the Judgments Rendered on Civil actions  
The Plaintiff, the Defendant liable for the same, the insurer and the Defendant may each 
appeal against the judgments rendered on the civil action by the court of first instances with 
regard to the civil rights only, where the damages claimed are in excess of the jurisdictional 
amount on which the judge renders a final judgment, or if there is any invalidity affecting the judgment or a procedural invalidity that affected the judgment.  
  
Article (234 ) Appeal Procedures  
1. The appeal shall be established by filing a statement of appeal with the criminal clerk's 
office within fifteen [15] days of the date of pronouncement of the judgment rendered in the presence of the parties, or as of the date of judgment rendered on the opposition 
proceeding.  
2. If the convict is imprisoned, he may file a statement of appeal to the prisoner's director, and the latter shall, forthwith, submit the same to the criminal clerk's office.  
3. If the convict is released on bail, the court of appeal may release him based on an under-
taking or any other security as determined by the Court, until the appeal proceeding is 
adjudicated on.  
4. The Attorney General may appeal any judgment within thirty [30] days as of the judg-
ment date.  
  
Article (235 ) Appealing the Judgments Rendered as if in Presence  
For the judgment rendered as if in the presence of the litigant, as defined in Articles [190] 
and [191] in this Law, their appeal time  limit shall commence, with regard to the party in 
whose absence they are rendered, as of the date of service.   
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Article (236 ) Scheduling a Hearing for the Appeal 
1. The criminal clerk's office shall write down, in the statement of appeal, the date of the 
hearing scheduled for hearing the appeal, and the same shall be deemed a service of the hearing date, even if the statement of appeal is filed by the attorney of the Appellant. In 
addition, the Public Prosecution shall notify the other litigants involved o f the hearing 
date.  
2. If the Defendant is imprisoned, the Public Prosecution shall move him at an appropriate 
time to the penal institution where the court of appeal is located, and, in which case, the 
court of appeal shall adjudicate on the appeal expeditiously.  
  
Article (237 ) Procedures for Hearing and Adjudication on Appeal  
The court shall hear the Appellant's statements and review the grounds of his appeal, and 
then the other litigants shall speak. The Defendant shall be the last to speak. Next, the court 
shall render its judgment after review of the papers of the case.  
  
Article (238 ) Lapse of Appeal  
The appeal filed by the Defendant on whom a custodial sentence is imposed shall lapse if the Defendant fails to surrender himself for enforcement of the judgment prior to the 
scheduled hearing of the appeal.  
  
Article (239 ) Exam ination of Witnesses   
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 1. The court of appeal shall, by itself, examine the witnesses whose testimony should have 
been given before the court of first instance, and shall complete any other shortcoming in the investigation procedures.  
2. In all instances, th e court of appeal may order that any investigation be conducted or 
that any witness testimony be given as deemed necessary, and any witness may only be 
subpoenaed if so ordered by the Court.  
  
Article (240 ) Setting Aside the Appealed Judgment and Remand of  Case to 
Public Prosecution  
For the appeal filed by the Public Prosecution, the court of appeal shall, if it is convinced that 
the act decided on as a misdemeanor constitutes a felony, order that the appealed judgment 
be set aside, that the court of first instance be lacking the jurisdiction, and that the case be 
remanded to the Public Prosecution for taking the necessary action with regard thereto.  
  
Article (241 ) Judgment on the Appeal  
1. If the appeal is filed by the Public Prosecution, the court may aff irm, set aside or amend-
ed the appealed judgment in favor of or against the Defendant. However, the judgment 
of acquittal may only be set aside by unanimity.  
2. If the appeal is not filed by the Public Prosecution, the court may only affirm, set aside or 
amended the appealed judgment in favor of the Appellant. For the judgments in absentia and the opposition proceedings against them before the court of appeal, the procedures 
applicable before the court  of first instance shall apply.  
  
Article (242 ) Setting Aside the First Instance Court's Judgment   
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 1. If the court of first instance rendered a judgment on the merits, and the court of appeal is 
convinced that the judgment is based on an invalidity or that a procedural invalidity has 
affected the judgment, the court of appeal shall set aside the judgment and adjudicate on 
the case.  
2. If the court of first instance decides that it is lacking the jurisdiction or grants a subsidiary 
claim that gives rise to a stay of proceedings, and the court of appeal set aside the judg-ment and establishes the jurisdiction of the lower court or decides that the subsidiary 
claim be dismissed and that the case be heard, the court of appeal shall remand the case to the court of first instance for the latter to adjudicate on the merits. In which case, the 
Public Prosecution shall serve such a decision on the  absent litigants.  
  
Article (243 ) Setting Aside the Judgment Awarding Damages  
If the Judgment awarding damages is set aside, but such damages have been enforced on a 
temporary basis, they shall be refunded based on the new judgment.  
  
Chapter 3 Cassation  
 Article (244 ) Cases of Appealing Appellate Judgments in Cassation  
The Public Prosecution, the convict liable for civil damages, the Plaintiff, and the insurer may each appeal in cassation the final judgments rendered by the court of appeal on any felony 
or misdemeanor in the following instances:  
1. If the contested judgment is based on violation, misapplication or misinterpretation 
of the law;  
2. If the judgment involved an invalidity or where a procedural invalidity has affected the judgment;   
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 3. If the court adjudicates on the civil claim in excess of the relief sought by the 
claimant;  
4. If the contested judgment is lacking the grounds thereof, or if such grounds are 
insufficient or vague; or  
5. If two contradictory judgments are rendered on a single incident.  
The Petitioner may prove, based on all methods of evidence, that the legal procedures have 
been violated or misapplied, if they are not recorded in the hearing transcript or in the 
contested  judgment. But if they are mentioned in either of them or have been properly 
applied, the Petitioner may only prove their violation by way of forgery allegation.  
  
Article (245 ) Procedures for Filing an Appeal in Cassation  
1. The appeal in cassation shall be established by filing a petition that contains the grounds 
of such appeal with the Case Management Office of the court to which the appeal is submitted, within thirty [30] days following the date of the judgment. However, if the 
judgment is rendered as of in presence of the litigants, the time limit for challenging it on 
cassation grounds shall commence as of the date of its service. The appeal in cassation 
shall be recorded in the relevant register.  
2. If the appeal in cassation is filed by the Public P rosecution, its grounds shall be signed by 
an officer with a rank of at least Chief Prosecutor, If the appeal in cassation is filed by a 
party other than the Public Prosecution, its grounds shall be signed by an attorney ad-
mitted before the court of cassation.  
3. The Case Management Office of the court shall serve upon the Respondent a copy of the 
statement of appeal in cassation, not later than eight [8] days of the day of recording the appeal in the relevant register. The Respondent may file with the Case  Management Of- 
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 fice of the court a statement of response to the appeal within eight [8] days of the date of 
being notified of the same.  
  
Article (246 ) Overturning the Judgment by the Court  
1. No grounds may be submitted to the court in respect of the appeal in cassation other 
than those mentioned in the statement of appeal filed with the clerk's office of the court 
with which the statement is filed.  
2. The court may, sua sponte, overturn the judgment in favor of the Defend ant, if it is con-
vinced, in light of the facts established in the papers, that the contested judgment is 
based on a legal error relating to the public order, that the contested judgment is based upon violation, misapplication or misinterpretation of the law, or that the court issuing the judgment has not been duly formed according to the law or has had no jurisdiction to adjudicate on the case, or if a new law is enacted in favor of the Defendant after the 
contested judgment has been rendered and is applicable to the merits of the case.  
  
Article (247 ) Payment of Security Deposit  
If the appeal in cassation is not filed by the Public Prosecution or by the convict sentenced to 
death penalty or a custodial sentence, such appeal may only be admitted after the Pe titioner 
pays an amount of AED [1,000] one thousand dirhams to the court treasury as a security deposit.  
  
Article (248 ) Enclosure of Case File  
1. The Case Management Office of the court shall request the enclosure of the file of the 
case who se judgment is appealed in cassation, within three [3] days following the date  
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 of filing the statement of appeal in cassation, and the Case Management Office of the 
court issuing the contested judgment shall send the case file not later than six [6] days following the date of receiving the request.  
2. The court shall adjudicate on the appeal in cassation after the deliberations are con-ducted, without pleadings, and after the report drawn up by a member thereof is read 
out. It may also hear the statements of  the Public Prosecution, the attorneys of the par-
ties or the parties themselves, if deemed necessary.  
  
Article (249 ) Admission of the Appeal in Cassation  
1. If the appeal in cassation is not filed in compliance with the requirements set forth in Ar-
ticle [ 245] of this Law, the court shall dismiss it.  
2. If the court admits the appeal in cassation and the merits thereof are worthy of adjudica-
tion, or if the appeal in cassation is filed for the second time, the court shall adjudicate 
thereon and may perform t he necessary procedures. For other instances, the court shall 
overturn the judgment, in whole or in part, and shall either remand the case to the court 
that rendered the judgment for the latter to hear the case through a tribunal comprising different judge s, or remand the case to the trial court for the latter to adjudicate thereon 
ab initio. The Court to which the case is remanded shall abide by the court of cassation's 
judgment with respect to the points adjudicated by the latter court.  
3. The provision o f Clause [1] of this Article shall apply to the judgment overturned pursu-
ant to Article [246.2] of this law.  
  
Article (250 ) Correction of Erroneous Citation of Law or Law Provisions  
If the judgment grounds include an erroneous citation of the law or the p rovisions of the 
law, the judgment shall not be overturned as long as the court -ordered penalty is prescribed  
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 by the law for the offense in question, and the court shall correct the error made.  
  
Article (251 ) Overturning a Judgment  
Only aspects of the judgment upon which the appeal in cassation is based shall be 
overturned, unless the entire aspects of judgment are inseparably interrelated. Unless the 
appeal in cassation is filed by the Public Prosecution, the judgment shall only be overturned 
with regard to the Petitioner filing the appeal in cassation, unless the aspects on which the 
appeal in cassation is based are related to other Defendants. In which case, the judgment 
shall be overturned with regard to all Defendants, even if th ey do not appeal the judgment.  
  
Article (252 ) Pleas in Bar  
If the contested judgment was issued due to accepting a plea in bar and such judgment is 
overturned by the court of cassation and the case is remanded to the lower court issuing the 
judgment for e xamination of the merits of the case, the lower court shall not make any 
judgment contrary to the court of cassation's judgment.  
  
Article (253 ) Appealing a Death Penalty Judgment in Cassation  
Without prejudice to the foregoing provisions, the judgment that imposes a death penalty sentence shall be deemed an appeal in cassation and its execution shall be stayed until the 
appeal in cassation is adjudicated on. In addition, the clerk's office of the court that rendered 
the judgment shall, within three [3] day s of the judgment date, send the case to the Case 
Management Office of the court with which the appeal in cassation is filed. The Public 
Prosecution shall file with the Case Management Office of the court a statement of opinion 
on the judgment within twent y [20] days of the judgment date, and may appoint an  
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 attorney admitted before the court of cassation to defend the Defendant if the latter has not 
already appointed an attorney. The court shall adjudicate on the appeal in cassation pursuant to the provisio ns of Article [246.2] and Article [249.2] of this Law.  
  
Article (254 ) Legal Costs and Damages  
1. If the court to which the appeal in cassation is submitted decides that the appeal in cas-
sation be denied, dismissed in whole or in part, or be inadmissible, the Petitioner filing the same shall be ordered to pay the legal costs, and the security deposit shall be forfeit-
ed in whole or in part.  
2. If the court is convinced that the appeal in cassation is based on malicious grounds, it 
may award damages in favor of the Respondent, if the same is claimed by the latter.  
  
Article (255 ) Prohibition Of Reformatio In Peius  
If the judgment is overturned upon motion by any litigant other than the Public Prosecution, 
no harm shall be inflicted upon such a litigant based o n the appeal in cassation.  
  
Article (256 ) Appeal in Cassation As a Matter of Law  
1. The Attorney General may, either sua sponte or upon a written request from the Minister 
of Justice or the Head of the competent local judicial body, appeal in cassation as  a mat-
ter of law, the final judgments, regardless of the issuing court thereof, if the judgment is based on violation, misapplication or misinterpretation of the law in the following two 
cases:  
a. The judgments against which the law does not permit the parties to file an appeal in 
cassation; and   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  92 
 b. The judgments in respec t of which the parties have missed the appeal in cassation 
time limits, waived the appeal, or filed an appeal in cassation that is decided 
inadmissible by the Court.  
2. This appeal shall be filed without being restricted to a particular time limit, based o n a 
petition to be signed by the Attorney General. The court shall hear the appeal after 
summoning the parties.  
 
Chapter 4 Reconsideration  
 Article (257 ) Reconsideration of Final Judgments  
Motions for reconsideration of final judgments imposing sentences o r measures may be 
filed in the following instances:  
1. If the Defendant is sentenced on grounds of a murder offense, and the victim is 
subsequently found alive;  
2. If a judgment is rendered against a person on the grounds of a particular incident, 
and a judgment is subsequently rendered against another person on grounds of the 
same incident, and there is contradiction between both judgments, so that the 
innocence of either convict is presumed.  
3. If a witness or expert witness is convicted on grounds of perjury offense, or where an 
paper submitted in the course of the case is later decided to be forged, in the event 
that the witness testimony, the expert's report or t he forged paper has affected the 
judgment.  
4. If the judgment is based on a judgment rendered by a judicial civil or personal status 
tribunal and which is subsequently overturned; or  
5. If, after the judgment is rendered, new facts appear or papers are sub mitted and of  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  93 
 which the Court has no prior knowledge at the time of trial, and such facts or papers 
would prove the innocence of the convict.  
  
Article (258 ) The Party Moving for Reconsideration and Relevant 
Procedures  
1. In the first four instances of Article [257] of this Law, the Attorney General and the con-
vict or his / her attorney if the convict is incapacitated or missing, or the relatives or spouse of the convict after his / her death, shall have the right to file a motion for recon-
sideration.  
2. If the moving party is not the Attorney General, the motion shall be submitted to the At-torney General based on a petition showing the details of the judgment required to be reconsidered, the supporting grounds for such a mo tion, and shall be accompanied by 
the supporting documents.  
3. The Attorney General shall submit the motion, whether filed by him or by any other par-
ty, together with the investigations conducted, to the criminal cassation tribunal, under a 
report indicating his opinion and the underlying grounds of such an opinion.  
4. The motion shall be submitted to the court within the three [3] months following its fil-ing date.  
  
Article (259 ) Exclusive Right of Attorney General to File Motions for 
Reconsideration  
1. The right to file motions for reconsideration in respect of the instance described in Article 
[257.5] of this law shall be conferred exclusively upon the Attorney General, whether 
sua sponte or upon the request of the interested parties. If the Attorney Gene ral is con- 
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  94 
 vinced that the motion is well- grounded, he shall submit it, together with the necessary 
investigations conducted, to the criminal cassation tribunal. The motion shall refer to the 
incident or the document relied upon.  
2. The criminal cassation t ribunal shall decide on the motion after reviewing the papers 
and conducting any necessary investigations, according to the procedures prescribed for 
hearing the appeal in cassation on criminal matters.  
  
Article (260 ) Notifying the Litigants of the Hearin g 
The Public Prosecution shall notify the litigants of the hearing scheduled for examining the 
motion before the criminal cassation tribunal at least three [3] days prior to the hearing date.  
  
Article (261 ) Procedures for Adjudicating on Motion for Recons ideration  
1. The criminal cassation tribunal shall adjudicate on the motion after hearing the state-
ments of the Public Prosecution and the litigants, and after conducting any necessary investigations by itself, according to the procedures prescribed for he aring the appeal in 
cassation. If the motion is granted, the tribunal shall overturn the judgment and decide acquittal of the Defendant if such acquittal is established; otherwise, the case shall be remanded to the court that rendered the judgment, unless the criminal cassation tribunal 
decides that the same be heard by a tribunal comprising different judges or be remanded to the trial court for adjudication ab initio. The court, to which the case is remanded, 
shall abide by the cassation court's ruling on the matters decided on.  
2. If retrial is not possible, such as the instances of termination of the criminal action on 
grounds of death, insanity, or serious mental or psychological disorder of the convict, the 
criminal cassation tribunal shall hear the cas e.  
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 3. The criminal cassation tribunal shall only overturn the erroneous aspects of the judg-
ment.  
  
Article (262 ) Stay of Execution of Judgment  
The filing of a motion for r econsideration shall not cause a stay of execution of the 
judgment, unless the underlying judgment involves death penalty. Other than that, the court 
may order a stay of execution in its decision whereby the motion for reconsideration is 
granted.  
  
Article (263 ) Publication of Acquittal Judgment  
Every judgment of acquittal based on a motion for reconsideration shall be published, at the 
government's expense, both in the official gazette and in a local newspaper chosen by the 
person concerned.  
  
Article (264 ) Lapse of Judgment for Damages  
Overturning the contested judgment shall automatically give rise to the lapse of the 
judgment for damages rendered based thereon, and any amount of such damages shall be 
refunded accordingly.  
  
Article (265 ) Award of Damages  for Overturned Judgment  
1. If the convict claims damages resulting from the judgment decided to be overturned, the 
court may award such damages under the acquittal judgment,   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  96 
 2. If the convict is dead when the motion for reconsideration of the judgment against him is 
filed, the legal heirs of him shall be entitled to claim the damages described in Clause [1] of this Article.  
3. Damages may be claimed at any stage of retrial proceeding.  
  
Article (266 ) Challenging the Reconsideration Judgments  
1. Judgments r endered by any judicial body other than the criminal cassation tribunal on 
the merits of a case based on a motion for reconsideration may be challenged by all 
methods of challenge prescribed by law.  
2. No punishment harsher than the punishment or measures imposed on the convict may 
be ordered.  
  
Article (267 ) Dismissal of Motion for Reconsideration  
If a motion for reconsideration is dismissed, it may not be re -submitted based on the same 
grounds.  
  
Part 7 BINDING FORCE OF FINAL JUDGMENTS  
 Article (268 ) Res Judicata Effect of Final Judgments  
1. The criminal action and the facts therein contained shall lapse with regard to the De-fendant concerned once a final judgment of acquittal or conviction is rendered thereon.  
2. If a judgment is rendered on the merits of the criminal action, the same may only be 
re-heard based on a challenge against such judgment by the methods of challenge pre-
scribed by law.   
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Article (269 ) Binding Force of Criminal Judgments before Civil Courts  
The final criminal judgment of acquit tal or conviction rendered on the merits of a case shall 
have a binding force before the civil courts in respect of the civil actions which have yet to be 
decided on under a final judgment, in respect of the occurrence of the offense and its legal 
characte rization and perpetrator. The judgment of acquittal shall have such a binding force, 
whether it is based on exoneration of the Defendant or lack of evidence. Such binding force shall have no existence if the judgment is based on the principle that the unde rlying act is 
not a legally punishable offense.  
  
Article (270 ) Binding Force of Civil Judgments before Criminal Courts  
Judgment rendered on civil actions shall have no binding force before the criminal courts in respect of the occurrence of an offense and  its perpetrator.  
  
Article (271 ) Binding Force of Personal Status Judgments before Criminal 
Courts 
Judgments rendered on personal status matters shall have the res judicata effect before the criminal courts in respect of the personal status matters upon w hich the adjudication on the 
criminal action is based.  
  
Book 4 ENFORCEMENT OF JUDGMENTS  
Part 1 GENERAL PROVISIONS  
   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  98 
 Chapter 1 Enforceable Judgments  
 Article (272) Enforcement of Criminal Judgments  
The Public Prosecution shall enforce the judgments rendered on all criminal actions 
instituted before the courts, and may, if necessary, seek direct assistance from the public 
authority.  
  
Article (273) Replacement of Punishments or Measures in Legally Pre scribed 
Instances  
Subject to the provisions of Book I of the Crimes and Penalties Law [Penal Code], referred to 
hereinabove, the punishments or measures described therein or in any other laws may only 
be replaced or amended upon being ordered or enforced in the instances prescribed by law. 
Such punishments and measures shall be applied and enforced as described in this law.  
  
Article (274) Enforcement of Judgments Rendered on Qisas Offenses  
The judgments rendered on Qisas offenses shall not be expeditiously  enforced.  
  
Article (275) Execution of Diyya Punishment  
The party convicted for Diyya  payment shall be kept at a penal institution based on an order 
of the Public Prosecution until the Diyya  judgment is enforced or the Diyya  amount is 
settled.  
 
 Article (276) Postponement of Diyya Payment by Attorney General  
The Diyya payment may be postponed or allowed to paid in installments based on the 
approval of the Attorney General for reasonable considerations decided by him. The  
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 relevant decision shall indicate the postponement period and precautionary measures to be 
taken to prevent the convict from escape.  
  
Article (277 ) Release or Cancellation of Remand Prisoner's Provisional 
Electronic Monitoring  
The remand prisoner shall be immediately released or shall have his provisional electronic monitoring immediately cancelled –  as the case may be - if the judgment establishes his 
acquittal or imposes a non -custodial sentence or a penalty that does not entail 
imprisonment, if a stay of execution of the sentence is ordered, or if the Defendant has already served the term of the sentence or punitive measures imposed on him while 
undergoing pretrial detention or electronic monitoring.  
  
Chapter 2 Objection to Enforcement and R elevant Procedures  
 Article (278 ) Filing the Objections to Enforcement  
Any objections to the enforcement of criminal judgments shall be filed with the court that rendered the judgment.  
  
Article (279 ) Objection Procedures  
Objection shall be  filed under a statement to be submitted to the court within the territorial 
jurisdiction of which the enforcement is to take place. The date scheduled for hearing the objection before the competent court shall be indicated in the statement and shall not 
exceed seven [7] days of the filing date thereof. The objecting party shall be notified to 
appear on the hearing date, and the Public Prosecution shall notify the litigants to appear on  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  100 
 the scheduled date.  
  
Article (280 ) Objection to Enforcement of Death P enalty  
If the objection relates to the enforcement of a death penalty judgment, it may be filed with 
the person in charge of the management of the institution or place of enforcement of the 
sentence, and such a person shall be required to immediately submit the same to the Public 
Prosecution in order to fix the date for hearing it and notify the litigants to appear on the 
said date.  
  
Article (281 ) Stay of Execution of Judgment Subject to Enforcement 
Objection  
Filing an objection to the enforcement of a jud gment shall not bring about a stay of 
execution of the underlying judgment, unless the judgment in question imposes death 
penalty. Other than that, the court may order a stay of execution until the objection is decided on.  
  
Article (282 ) Legal Representation for the Objector  
Under any circumstances, the objector may appoint an attorney to defend him, without prejudice to the court's right to order his personal appearance.  
  
Article (283 ) Adjudication on the Objection  
The objection shall b e adjudicated on after hearing the statements of both the Public 
Prosecution and interested parties, and the court may conduct the necessary investigations. Decisions on the subject of the objection shall establish impermissibility of enforcement,  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  101 
 dismissa l of the objection or continuation of enforcement, and the decision made on the 
objection shall be unchallengeable.  
  
Part 2 ENFORCEMENT OF DEATH PENALTY  
 Article (284 ) Place of Keeping the Convict Sentenced to Death  
The convict sentenced to death shall be kept at a penal institution based on an order of the 
Public Prosecution until the judgment is enforced.  
  
Article (285 ) Ratification of Death Penalty  
When the death penalty judgment rendered by a federal court become s final, the case file 
shall be submitted to the President of the State through the Minister of Justice for ratification of the judgment.  
  
Article (286 ) Meeting the Convict Sentenced to Death  
1. Relatives of the convict sentenced to death may meet him on the day fixed for enforce-
ment of the judgment but away from the place of enforcement.  
2. If the convict requests a meeting with the religious preacher of the penal institution or 
any other religious person before the sentence is enforced against him, the necessary fa-
cilities shall be provided to enable such a meeting.  
  
Article (287 ) Place of Enforcement of Death Penalty  
The death penalty shall be enforced within the penal institution or elsewhere based on a 
written order of the Attorney General, indicating  the necessary fulfillment of the procedures  
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 set forth in Article [289] of this law.  
  
Article (288 ) Attending the Death Penalty Enforcement Procedures  
1. The death penalty judgment shall be enforced in the presence  of a member of the Public 
Prosecution, a representative of the Ministry of Interior, the person in charge, and the 
physician, of the penal institution, or any other physician appointed by the Public Pros-
ecution.  
2. Avengers of blood [in respect of Qisas m urder] shall have the right to attend the en-
forcement procedures, and the Public Prosecution shall inform them thirty [[30] days 
prior to the scheduled enforcement date.  
3. Persons other than the above -mentioned ones shall only be allowed to attend the en-
forcement procedures based on a special permission from the Public Prosecution. In all cases, the attorney of the convict shall be allowed to attend.  
  
Article (289 ) Death Pe nalty Enforcement Procedures  
1. The person in charge of the management of the penal institution shall read out the oper-
ative part of the death penalty judgment and the charge based on which the judgment has been rendered against the convict, at the place o f enforcement in full view of the 
persons present. If the convict wants to say anything, the Public Prosecution Member 
shall draw up a report to that effect.  
2. When the enforcement is completed, the Public Prosecution Member shall draw up a 
report, and sh all write down in the report the physician's confirmation of the death and 
its occurrence time.  
  
Article (290 ) Death Penalty Enforcement Times   
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 The death penalty shall not be enforced on the official holidays and religious holidays of the 
convict's religio n. 
  
Article (291 ) Postponed Execution of Pregnant Woman  
The enforcement of death penalty against the pregnant woman shall be postponed until she 
gives birth and breastfeeds her newborn for two years, and she shall be imprisoned up to the 
postponed enforce ment date.  
  
Part 3 ENFORCEMENT OF CUSTODIAL SENTENCES  
 Article (292 ) Place of Enforcement of Custodial Sentences  
1. Judgments imposing custodial sentences shall be enforced at the designated penal insti-
tutions based on an order of the Public Prosecution.  
2. Notwithstanding any provision set forth in this law or in any other law, the penal institu-
tions law or any legislative instrument enacted by the emirate concerned within the 
scope of its authority may order that the convict undergoing a custodial senten ce or the 
convict sentenced to physical coercion perform penal labor within or outside the penal 
institutions during the punishment enforcement term.  
3. Under any circumstances, the penal labor order shall be issued by the Public Prosecution 
according to the conditions and controls set forth in the relevant law or legislative in-
strument, as the case may be.  
  
Article (293 ) Inclusion of Enforcement Commencement Day  
The commencement day of judgment enforcement against the convict shall be included in 
the sentence term, and the convict shall be released on the day following the expiration of  
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 the sentence term at the time scheduled for releasing the prisoners.  
  
Article (294 ) Commencement of Custodial Sentence Term  
The custodial sentence term shall commence on the date of arresting the convict based on 
an enforceable judgment, and such a term shall be reduced in proportion to the pretrial 
detention period.  
  
Article (295 ) Subtracting the Pretrial Detention or Monitoring Period from 
Sentence Term  
If the Defendant is exonerated from the offense based on which he has underwent pretrial detention or provisional electronic monitoring, or where a dismissal with prejudice order is 
issued in respect thereof, the pretrial detention or provisional electronic monitoring period 
shall be subtracted from any sentence imposed on him on the grounds of any criminal 
offense committed by him during or prior to the pretrial detention . 
  
Article (296 ) Multiplicity of Custodial Sentences  
Where there are several custodial sentences imposed against the Defendant, the pretrial 
detention and arrest period shall be subtracted from the lighter sentence first.  
  
Article (297 ) Postponed Enforce ment of Custodial Sentence against a 
Pregnant Woman  
If the woman punished by a custodial sentence is pregnant, the enforcement of judgment against her may be postponed until she gives birth to her baby and a six -month period 
following her childbirth passes .  
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Article (298 ) Postponed Enforcement of Custodial Sentence against a 
Diseased Person  
If the person punished by a custodial sentence is afflicted with a life -threatening disease, or 
where the enforcement of judgment against him would jeopardize his life,  the enforcement 
of sentence may be postponed.  
  
Article (299 ) Postponed Enforcement of Custodial Sentence against a Person 
with Mental or Psychological Disorder  
If the convict is afflicted with insanity or serious mental or psychological disorder, which 
makes him totally unable to control his acts, the enforcement of sentence shall be 
postponed until he is cured. In which case, he shall be kept at a medical treatment facility, and the period of his stay at the same shall be subtracted from the court -ordere d sentence 
term.  
  
Article (300 ) Postponed Enforcement of Custodial Sentence against a 
Spouse  
If a husband and his wife are punished by a custodial sentence, the enforcement of sentence 
may be postponed agai nst either of them until the other party is released, in the event that 
they are taking care of a young child under fifteen [15] years of age, provided that they have 
a known place of residence in the State.  
  
Article (301 ) Custodial Sentence Enforcement P ostponement Procedures   
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 1. The enforcement of custodial sentence shall be postponed according to the foregoing 
Articles based on an order of the Advocate General or the person acting in lieu of him, 
whether sua sponte or upon motion of the interested partie s. He may also order that 
necessary precautions be taken to prevent the convict from escape.  
2. Other than the instances described in the foregoing articles, the enforcement may only 
be postponed based on an order of the Attorney General for reasonable con siderations 
decided by him. Such an order shall indicate the postponement period and the necessary 
precautions required to be taken to prevent the convict from escape.  
  
Article (302 ) Diversity of Custodial Sentences  
If there are diverse custodial sentences, the harshest sentence shall be enforced first.  
  
Part 4 ENFORCEMENT OF NON -CUSTODIAL MEASURES  
  
Article (303 ) Release of Sentenced Prisoner  
The sentenced prisoner may only be released before the end of his sentence term in the 
instances defined in the law.  
  
Article (304 ) Conditional Release 
1. Every convict punished by a custodial sentence may be granted conditional release if the 
same satisf ies the requirements set forth in the Penal Institutions Law.  
2. The convict granted conditional release shall be subject to the requirements set forth in 
the above -mentioned law throughout the remaining period of his sentence term.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  107 
 3. Upon motion of the Public Prosecution, the conditional release may be revoked if the 
released person fails to satisfy the requirements set forth in Clause [2] of this Article.  
  
Article (305 ) Places for Committal of Convicts  
1. The judgments of committal shall be enforced by sending the sentenced convicts to a 
penal institution, medical treatment facility or any other designated place.  
2. The convict shall be committed under an order of the Public Prosecution.  
3. The committal to medical treatment facility shall be subject to the provision of Article 
[299] of this law.  
4. The committal to a penal institution shall be subject to the provisions of Article [297] 
and [298] and Articles [301] through [306] of this Law.  
5. If the convict is afflicted with a mental or psychological disorder that satisfies the 
requirements of severity defined in Article [140] of the Crimes and Penalties Law [Penal 
Code], he may be committed to a medical treatment facility annexed to the penal 
institutions to be determined under a decision of the Ministe r of Interior or of the Head 
of the Local Judicial Body, as the case may be.  
  
Article (306 ) The Order of Measures Enforcement  
1. The measures shall only be enforced after the custodial sentences are enforced.  
2. Notwithstanding the provision of Clause [1] of this Article, the measure of committal to a 
medical treatment facility shall be enforced ahead of any other sentence or 
non -custodial measure, while the physical measures shall be immediately enforced, un-
less the law provides otherwise.   
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Part 5 SETTLEMENT OF COURT -AWARDED AMOUNTS  
 Article (307 ) Settlement of Amounts due to the Government  
Upon settlement of the amounts due to the government in respect of the fines and charges, 
the refundable amounts and compe nsatory damages, the Public Prosecution shall, before 
initiating the enforcement procedures, notify the convict of the value of such amounts, 
unless such a value is mentioned in the judgment.  
  
Article (308 ) Collection of Court -Awarded Amounts  
1. The judgm ent imposing a fine penalty, refund, compensatory damages or any other form 
of financial penalty shall have the force of a Writ of Execution.  
2. The Public Prosecution may initiate the enforcement of the judgment imposing fine 
penalty, refund, compensatory  damages or any other form of financial penalty, and shall 
have, in this respect, the same powers vested in the enforcement judge in respect of im-
posing the executive attachment over the property of the convict, issuing an arrest war-rant and travel ban ord er against him, and sending the enforcement file to the compe-
tent enforcement judge. Such procedures and decisions shall be challengeable and ap-pealable according to the aforesaid Civil Procedure Law.  
3. In all cases, the Public Prosecution may assign the judgment enforcement procedures to 
the competent enforcement judge.  
 
Article (308 ) Collection of Court -Awarded Amounts  
1. The judgment that orders a fine penalty, refund, compensatory damages or any other form of financial penalty shall be a Writ of Execution.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  109 
 2. The Public Prosecution may initiate the enforcement of the judgment imposing a fine 
penalty, refund, compensatory damages or any other form of financial penalty, and shall 
have, in this respect, the  same powers vested in the enforcement judge in respect of im-
posing the executive attachment on the property of the convict, issuing an arrest warrant 
and travel ban order against them, or sending the enforcement file to the competent en-
forcement judge. Such procedures and decisions shall be challengeable or appealable, as 
the case may be, in accordance with the aforesaid Civil Procedure Law.  
3. In all cases, the Public Prosecution may transfer the proce dures for the enforcement of 
the judgment to the competent enforcement judge.  
  
Article (309 )Criminal Judgment Enforcement Judge  
The Federal Judicial Council or the Head of the competent local judicial body, as the case 
may be, may assign one or more judge s of the court of first instance to perform the duties of 
the criminal judgment enforcement judge, in respect of the amounts set forth in Articles [311.1], [311.2] and [311.4] of this law.  
  
Article (310 ) Service of Writ of Execution  
The enforcement of jud gments awarding the amounts set forth in Article [311] of this law 
shall be conducted based on the request of the Public Prosecution, and the enforcement shall be preceded with a service of the Writ of Execution according to the procedures 
defined in the Civil Procedure Law.  
  
Article (311 ) Distribution of the Convict's Funds  
If a judgment imposing a fine, refund of amounts and compensatory damages, and the  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  110 
 property and funds of the convict are not sufficient enough to cover all such payables, the 
amounts collected shall be distributed to the eligible bodies as per the followin g order:  
1. Fines and other financial penalties;  
2. Fees and costs of the criminal action;  
3. Amounts due to the Plaintiff; and  
4. Amounts due to the government in the form of refund and compensatory damages.  
In the event that the criminal offenses underly ing the judgments are of a different nature, 
the amounts paid by the convict or those collected through enforcement against the convict's property shall be deducted first from the amounts awarded in the criminal actions, 
the misdemeanor proceedings and inf raction proceedings respectively.  
  
Article (312 ) Reduction of Fine 
1. If a person is remanded in custody or is under provisional electronic monitoring and is 
only punished by a fine penalty, the amount of AED [100] one hundred dirhams shall be subtracted from the fine penalty for each day of pretrial detention or provisional elec-
tronic monitoring.  
2. If the judgment imposes both imprisonment and fine, and the period of pretrial deten-tion or provisional electronic monitoring served by the convict exceeds th e period of the 
court -ordered imprisonment sentence, the said amount shall be subtracted from the fine 
for each day of the said excess duration.  
  
Article (313 ) Postponed and Installment Payment of Amounts due to 
Government   
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 1. The Public Prosecution may, w henever necessary and upon motion, either grant the 
convict an extension of time to be able to pay the amounts due to the government, fines 
and other financial penalties, or permit that the same be paid in installments over a 
timespan not exceeding two years.  
2. The Public Prosecution may revoke the decision issued to that effect based on reasona-ble grounds.  
  
Article (314 ) Physical Coercion  
Physical coercion may be used as a method for collecting the fines and other financial 
penalties, and shall take plac e by keeping the convict in confinement. The duration of such 
confinement shall be one day per AED [100] one hundred dirhams or less, and the period of physical coercion shall not exceed six [6] months, subject to the following requirements:  
 
1. If the cou rt-ordered fines and other financial penalties do not exceed AED [20,000] 
twenty thousand dirhams, the physical coercion period shall not exceed sixty [60] days.  
2. If the court -ordered fines and other financial penalties exceed AED [20,000] twenty 
thousand dirhams but are less than AED [50,000] fifty thousand dirhams, the physical coercion period shall be one hundred twenty [120] days.  
3. If the court -ordered fines a nd other financial penalties exceed AED [50,000] fifty 
thousand dirhams, the physical coercion period shall be one hundred eighty [180] 
days.  
  
Article (315 ) The Provisions of Custodial Sentence Enforcement Apply to  
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 Physical Coercion Enforcement  
The provis ions regulating enforcement of the custodial sentences set forth herein shall apply 
to physical coercion enforcement.  
  
Article (316 ) Multiplicity of Judgments  
In the event of several judgments rendered against a convict, they shall be enforced based 
on the aggregate value of court -ordered amounts, provided that the physical coercion period 
shall not exceed one year.  
  
Article (317 ) Physical Coercion Enforcement Order  
The physical coercion penalty shall be enforced based on an order of the Public Prosecution, and shall be commenced at any time after the convict is duly served, and after the convict 
has served all court -ordered custodial sentences.  
  
Article (318 ) Termination of Physical Coercion  
The physical coercion penalty shall be terminated once the amount corresponding to the confinement period served by the convict calculated pursuant to the foregoing articles 
becomes equal to the court -ordered financial penalty after subtracting the amount paid by 
the convict or any amount collected from the latter through enforcement against his 
property.  
  
Article (319 ) Clearance of the Convict  
The convict shall be discharged from the fines and other financial penalties whe n the same 
undergoes physical coercion at a rate of AED [100] one hundred dirhams for each day.   
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Part 6 LAPSE OF SENTENCE ON LIMITATION GROUNDS AND DEATH OF 
THE CONVICT  
 Article (320 ) Lapse of Court -Ordered Sentence on Limitation Grounds  
1. Except for the criminal offenses of Qisas, Diyya and felonies on which a final judgment 
of the death penalty or a life sentence, the court -ordered sentence imposed on other 
criminal offenses shall lapse after the passage of thirty [30] calendar years.  
2. The court -ordered sentence imposed on a misdemeanor proceeding shall lapse after the 
passage of seven [7] years, while the court -ordered sentence imposed on a infraction 
proceeding shall lapse after the passage of two [2] years. The limitation period shall commence as of the date on which the judgment of conviction becomes final, unless the sentence is ordered in absentia by the Criminal Court on a misdemeanor proceeding, as, 
in the latter case, the limitation period shall commence as of the date of the jud gment.  
  
Article (321 ) Interruption of Limitation Period  
1. The limitation period shall be interrupted by arresting the convict punished by a custodi-
al sentence, or based on any enforcement procedure that is conducted against the con-
vict or of which the latter becomes aware.  
2. The limitation period shall be interrupted if, during such a period, the convict commits a 
criminal offense of the same type of, or similar in nature to, the one for which he has 
been convicted, not including the infractions.  
  
Article (322 ) Suspension of Limitation Period  
The running limitation period shall be suspended upon the occurrence of any impediment,  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  114 
 whether legal or physical, that precludes enforcement.  
  
Article (323 ) Provisions on Compensatory Damages and Costs 
1. The prov isions regulating the limitation period set forth in the Civil Procedure Law shall 
apply in respect of the court -ordered compensatory damages, refundable amounts and 
legal costs.  
2. Enforcement by way of physical coercion shall not be conducted after expir ation of the 
limitation period for the sentence.  
  
Article (324 ) Death of the Convict  
If the convict passes away after a final against is rendered against him, the compensatory 
damages and refundable amounts shall be enforced against his estate.  
  
Book 5 MISCELLANEOUS PROVISIONS  
Part 1 JUDICIAL SUPERVISION OF PENAL INSTITUTIONS  
  
Article (325 ) Prosecution Members' Access to Penal institutions and the Like 
Members of the Public Prosecution shall have the right to get access to penal institutions, detention  centers, remand places and debtor jails that are located within the circuits of their 
territorial jurisdiction, in order to ensure the absence of any illegally -detained persons. In 
addition, they may also review and take copies of the records and arrest and detention warrants, communicate with any inmate and hear their complaints. To that effect, they shall 
receive every assistance to get the information required.   
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Article (326 ) Rights of Penal Institution's Inmate 
1. Every inmate detained at any of the p laces described in Article [325] hereof may, at any 
time, submit a written or oral complaint to the person in charge of the management of 
the place in order for the latter to communicate the same to the Public Prosecution. In 
which case, the person in char ge of the management of the place shall receive the com-
plaint and immediately communicate it to the Public Prosecution after having it written 
down in the relevant record.  
2. Whoever becomes aware that a person is illegally detained or is detained at a 
non -Detention Center shall forthwith notify a member of the Public Prosecution, and the 
latter shall, once notified, move to the place of the illegally -detained person, conduct an 
investigation, order that the same be released, and draw up a report to that ef fect.  
  
Part 2 LOSS OF PAPERS  
  
Article (327 ) Loss of Judgment or Investigation Papers  
If the judgment document is lost for whatever reason before its enforcement, or if all 
investigation papers are lost, in whole or in part, before a decision being issued  thereon, the 
procedures described in the following Articles shall apply:  
  
Article (328 ) Certified Copy of Judgment  
If a certified copy of the judgment is available, it shall be used in lieu of the lost judgment document, and if such a copy lies in  the possession of some person or entity, the Public 
Prosecution shall obtain an order from the chief justice of the court issuing the judgment for  
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 delivery of such a copy.  
  
Article (329 ) Loss of Judgment  
Losing the judgment document shall not give rise t o retrial where the methods of 
challenging the judgment have been exhausted.  
  
Article (330 ) Retrial due to Failure to Obtain Judgment Copy  
If the case is heard by the criminal cassation tribunal, and it is not possible to obtain a copy 
of the judgment, th e court shall order that retrial be conducted where the methods of 
challenging the judgment have all been exhausted.  
  
Article (331 ) Loss of Investigation Papers before Issuing a Decision  
If the investigation papers are lost, in whole or in part, before a decision being made in respect thereof, the investigation shall be reconducted in respect of the papers lost. If the case is pending before the court, it shall conduct the necessary investigations.  
  
Article (332 ) Loss of Investigation Papers not Including  the Judgment  
If the investigation papers are lost, in whole or in part, but the judgment document is available and the case is heard by the criminal cassation tribunal, the procedures shall only 
be re- conducted if so decided by the court.  
  
Part 3 CALCULA TION OF DATES AND TIME LIMITS  
 Article (333 ) Notice Times   
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 1. No notice shall be served before seven in the morning [07:00 am] or after six in the 
evening [06:00 pm], and shall not be served on public holidays unless there is a permis-
sion to that effect by the competent in necessary circumstances. Such a permission shall 
be indicated in the original copy of the notice.  
2. If the notice is served by any modern means of communication, whether upon a natural or private legal person, the times set forth in clause [1] of this Article shall not apply.  
  
Article (334 ) Gregorian Calendar 
The dates and timeframes stipulated in this law shall be calculated based on the Gregorian 
calendar, unless otherwise provided.  
  
Article (335 ) Time Limit Calculation Method  
1. If the law pre scribes a time limit in days, months or years for appearance or for the oc-
currence of a particular procedure, neither the day of service, nor the date of occurrence 
of the event regarded by the law as giving rise to the relevant time limit, shall be includ ed 
in the time limit, and the time limit shall expire at the end of the working hours of the last 
business day thereof.  
2. If the time limit is prescribed in hours, the hour of commencement and of the end of the time limit shall be calculated as described above.  
3. If the time limit is required to expire before a particular procedure takes place, the un-
derlying procedure shall only be conducted after the lapse of the last day of the time lim-
it. 
4. Time limits prescribed in months or years shall expire on th e corresponding day of the 
next month or year.   
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 5. Under any circumstances, if the last day of the time limit falls on a public holiday, the 
time limit shall be automatically extended to the first following business day . 
  
Part 4 Special Criminal Procedures  
Chapter 1 Criminal Order  
Article (336 ) Concept and Effect of Criminal Orders  
The criminal order is a judicial order issued by the Prosecutor for adjudicating on the merits 
of the criminal action which he decides not to dismiss without prejudice nor transf er to the 
court of the misdemeanor and infractions described in this chapter, even if in the absence of 
the Defendant. The criminal order shall give rise to termination of the criminal action, unless 
challenged by the Defendant within the legal time limit.  
  
Article (337 ) Scope of Application of Criminal Order -Related Provisions  
1. The provisions on criminal order shall apply to the misdemeanors and infractions de-
scribed in the applicable laws in the State, and which are punished by non -mandatory 
detention sentences.  
2. The Attorney General shall issue a decision, in agreement with the Attorneys General of 
the local judicial authorities, determining the misdemeanors and infractions to which the criminal order -related provisions are applicable. In addition, the Attorneys Gener al shall, 
within their respective areas of jurisdiction, issue the necessary decisions for imple-
menting the provisions of this Article.  
  
Article (338 ) Offenses Excluded from Criminal order- Related Provisions   
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 The following criminal offenses shall be exclud ed from the scope of applying the provisions 
on the criminal order:  
1. Qisas and Diyya offenses;  
2. Criminal offenses affecting the national security and interests of the State;  
3. Offenses involving the exercise of any influence on, or defamation of, the judiciary, 
and impediment of judicial procedures;  
4. Criminal offenses described in the Juvenile Delinquents and Vagrant Law;  
5. Criminal offenses whose punishment is not permitted by the law to be mitigated; 
and  
6. Criminal offenses for which the law pres cribes a banishment sentence.  
  
Article (339 ) Prosecutor's Issuance of Criminal order  
The prosecutor may issue a criminal order against the convict found guilty, by imposing the legally prescribed fine against him, but not exceeding half of its maximum thr eshold, in 
addition to the supplemental penalties and fees.  
  
Article (340 ) Details of Criminal order  
The criminal order issued by the Prosecutor shall contain the following details:  
1. The date of issue of the criminal order;  
2. The name and personal details of the Defendant and criminal action's registration 
number;  
3. The charge brought against the Defendant;  
4. The law provision[s] applicable to the offense committed; and  
5. The name and rank of the prosecutor issuing the criminal order;   
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Article (341 ) Amendment or Revocation of Criminal order  
1. The public prosecutor, with a rank of at least a Chief Prosecutor, and who is nominated 
under a decision of the Attorney General, may amend or revoke the criminal order with-
in seven [7 ] days following its date of issue.  
2. Revocation of the criminal order shall render the same as null and void, and shall cause the criminal action to be prosecuted and processed in the way described herein.  
3. The criminal order, as amended, shall be serv ed upon the Defendant.  
4. The criminal order may only be re -issued after being revoked if the revocation is made 
for proving the validity of the conviction or its violation of the law.  
  
Article (342 ) Objection to Criminal order  
1. The Defendant may file with the Public Prosecution an objection to the criminal order 
issued against him within seven [7] days following its date of issue if issued in his pres-ence, or as of the date of service of the criminal order if issued in his absenc e or after be-
ing amended. The filing of such objection shall render the criminal order null and void, and shall cause the criminal action to be prosecuted and processed according to the 
procedures set forth herein.  
2. If there are several Defendants, and any of them objects to the criminal order, the same shall be deemed null and void only with regard to the objecting Defendant.  
3. The Defendant may waive his objection to the criminal order before being served with a 
notice to appear before the competent court. Any such waiver shall cause the objection to lapse and shall render the criminal order final and conclusive with regard to the waiv-
ing Defendant.   
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 4. Under any circumstances, upon hearing the criminal action, the court shall not abide by 
the criminal o rder objected to.  
  
Article (343 ) Finality of the Criminal order  
The criminal order shall become final and unchallengeable with regard to the Defendant in 
either of the following cases:  
1. In case the Defendant performs the criminal order through payment of the pre-
scribed fine; or  
2. Lapse of the right to object to the criminal order on limitation grounds.  
  
Article (344 ) Filing A Civil Action  
1. Filing a civil action shall not preclude issu ance of the criminal order, and the Plaintiff 
may resort to the competent civil court to claim his rights.  
2. The decision made on the subject matter of the criminal action under the criminal order 
shall not have any legal force in the civil courts.  
  
Article (345 ) Procedural Objection to Enforcement of Criminal Order  
1. The final criminal order shall be enforced in accordance with the rules set forth in this 
law.  
2. The enforcement of a criminal order may be objected to in the following two cases:  
a. If th e criminal order is issued in violation of the procedures set forth in this Chapter; 
or 
b. If the criminal order is issued against a person other than the Defendant.   
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 3. The procedural objection shall b e filed with the Public Prosecution, which shall, under 
any circumstances, submit the same to the misdemeanor court having the jurisdiction to 
hear the case for the latter to adjudicate on the objection without pleadings. If, however, 
the misdemeanor court  is convinced that the objection could not be adjudicated on in its 
current state or without investigation or pleadings, it shall schedule a day for examining 
the objection according to the standard procedures, and shall summon the objecting 
party to appea r. The court shall decide on the objection after hearing the statements of 
the Public Prosecution. Such a decision shall either establish dismissal of the objection and continuation of enforcement of the criminal order or grant the objection and cause the criminal order to become null and void. In the latter case, the court shall send the 
case file back to the Public Prosecution for the latter to dispose thereof.  
4. The court's decision on the objection shall be final and unchallengeable.  
  
Article (346 ) Penalty Prescribed by the Criminal Order  
The penalty prescribed by the criminal order shall not be deemed a criminal conviction that 
entails rehabilitation.  
  
Article (347 ) Amendment or Revocation of Criminal Order by Attorney 
General 
1. The Attorney General may amend or revoke the criminal order within thirty [30] follow-
ing the date of its issue or amendment, or as of the date of waiver by the Defendant of its objection, even if the criminal order has been enforced. The criminal order shall be 
served upon the Defendant.  
2. The Attorney General shall issue the decisions and instructions required for implement-ing the provisions set forth in this Chapter.   
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Chapter 2 Criminal Conciliation  
Article (348 ) Criminal Conciliation Procedures  
The Public Prosecution or the competent court, as the case may be, may initiate the 
procedures of Criminal Conciliation based on an agreement between the victim or his 
attorney appointed under a special power of attorney or his heirs or their attorney 
appo inted under a special power of attorney on the one hand, and the Defendant on the 
other hand, to amicably settle and bring their dispute in criminal matters to an end according to the provisions set forth in this chapter.  
  
Article (349 ) Offenses to which Criminal Conciliation is Applicable 
The provisions of Criminal Conciliation set forth in this Chapter shall apply to the following 
offenses:  
 
1. Misdemeanors and infractions described in Articles 382 [Paragraph 1], 390, 394, 403, 
404, 425, 426, 427, 431, 432 [Paragraph 1], 433, 447, 453, 454, 455, 464 [Paragraph 1], 
465 [Paragraph 1], 467, 468, 473 and 474 of the Crimes and Penalties Law [Penal Code].  
2. The other misdemeanors and infractions in respect of which the law provides that the criminal action shall be terminated on the grounds of conciliation or waiver.  
  
Article (350 ) Establishment of Criminal Conciliation  
1. The victim or his legal representative or attorney appointed under a special power of at-
torney, or his heirs or their attorney appointed under a special power of attorney, may  
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 establish their conciliation with the Defendant before the Public Prosecution or  the 
court, as the case may be.  
2. The Defendant or his legal representative or attorney appointed under a special power 
of attorney, or his heirs or their attorney appointed under a special power of attorney, may establish the conciliation referred to in the foregoing clause based on an instrument 
duly attested by the competent notary public and signed by the victim or his heirs or 
their attorney appointed under a special power of attorney, as the case may be.  
3. If the victim or his legal representative o r attorney appointed under a special power of 
attorney, or his heirs or their attorney appointed under a special power of attorney, ac-
cept to enter into conciliation with the Defendant, a conciliation report shall be drawn 
up indicating the purport of the parties' agreement, and shall be approved by the Prose-
cutor after being signed by the parties involved.  
4. The request for establishment of conciliation shall not be admitted if it is conditional or 
restricted to a particular timeframe.  
5. Conciliation may  be established at any stage of litigation, even after the judgment or the 
criminal order becomes final.  
  
Article (350 ) Establishment of Criminal Conciliation  
1. The victim or their legal representative or attorney appointed under a special power of 
attor ney, or their heirs or the latter's attorney appointed under a special power of attor-
ney, may establish their conciliation with the Defendant before the Public Prosecution or 
the competent court, as the case may be.  
2. The Defendant or their legal represen tative or attorney appointed under a special power 
of attorney, or their heirs or the latter's attorney appointed under a special power of at-
torney, may establish the conciliation referred to in the foregoing clause based on an in- 
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 strument duly attested by the competent notary and signed by the victim or their heirs or 
the latter's attorney appointed under a special power of attorney, as the case may be.  
3. If the victim or their legal representative or attorney appointed under a special power of 
attorney, o r their heirs or the latter's attorney appointed under a special power of attor-
ney, accept to enter into conciliation with the Defendant, a conciliation report shall be 
drawn up indicating the purport of the parties' agreement, and shall be approved by the  
Prosecutor after being signed by the parties involved.  
4. The motion for establishment of conciliation shall be inadmissible if it is conditional or 
restricted to a particular timeframe.  
5. Conciliation may be established at any stage of litigation, even after the judgment or the criminal order becomes final.  
  
Article (351 ) Establishment of Victim -Offered Conciliation with the 
Defendant before Criminal Court  
1. If the victim or his legal representative or attorney  appointed under a special power of 
attorney, or his heirs or their attorney appointed under a special power of attorney, of-
fers conciliation to the Defendant before the criminal court on any of the offenses set 
forth in Article [349] of this law, and befo re the judgment becomes final, the court shall 
establish their conciliation in the hearing transcript and shall have the same signed by 
the victim or his attorney appointed under a special power of attorney.  
2. If the conciliation is established under an instrument duly attested pursuant to the provi-
sions of Article [350] of this law, the court shall establish the same in the hearing tran-
script, and shall enclose the duly -attested original instrument with the cas e file.  
   
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 Article (352 ) Offering Conciliation through Criminal Mediation  
1. The Public Prosecution may, in respect of the offenses that are terminated on grounds of 
conciliation or waiver, and before the case is transferred to the criminal court, either sua sponte and with the consent of both the Defendant and the victim or the persons legally acting on their behalf or at their request, conduct Criminal Mediation between the De-fendant and the victim, with the aim of establishing their conciliation, through a neutral 
third -party mediator under the supervision of the Public Prosecution, if the latter is con-
vinced, in light of the circumstances and details of the underlying incident, that any such 
measure would ensure compensating the damage sustained by the victim or would ter-minate the effects arising out of the offense.  
2. The Public Prosecution shall indicate, in the decision transfer the case to Criminal Medi-ation, the duration of mediation, which shall not exceed one month of the date of noti-fying the mediator of the task. Such a duration shall be renewable for a similar period only once at the request of the mediator, based on reasonable grounds for such exten-
sion.  
  
Article (353 ) Confidentiality of Mediation Procedures  
1. Mediation procedures shall be of a confidential nature. Neither party may invoke the 
mediation procedures, any papers or information furnished in respect thereof, or any 
agreements or waivers by the parties involved, before any court or other entity whatso-
ever. In addition, it shall be pr ohibited for the mediator, the parties to mediation, and 
every person involved in the mediation procedure, to disclose any information furnished 
during the mediation process.  
2. The mediator shall not be summoned before the investigation bodies, the courts , arbitra-
tion tribunals or any other bodies to give testimony on the information obtained by him in the course of performing his mediation duties.   
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 3. The mediator shall be relieved of the prohibition described in the foregoing two clauses 
in the following cases:  
a. If the Defendant or the victim asks the mediator to disclose any information, 
where such information is relating to his person;  
b. If compliance with the confidentiality obligation would jeopardize the life of any 
other person; or  
c. If such secr ets are relating to any other criminal offense committed or is likely to 
be committed.  
  
Article (354) Instances of Recusal, Disqualification and Removal of Mediator  
1. The mediator shall, if he becomes aware of any legal, ethical or other grounds that would  
preclude his neutrality, submit to the Public Prosecution a request to be relieved of 
continuing to act as a criminal mediator, indicating the grounds for his request, in order for 
the Public Prosecution to make a decision appointing another mediator, if it is convinced that the underlying grounds are serious.  
2. The Defendan t or the Defendant, or any persons acting on their behalf, may request 
disqualification of the criminal mediator, if there are good reason to believe that he would 
not be able to impartially perform his duty.  
3. If either party objects to, and requests dis qualification of, the mediator, or if the mediator 
is removed, passes away, or is unable to continue to perform his duty for whatever reason during any stage of mediation, the Public Prosecution the Public Prosecution shall appoint another mediator to comp lete the mediation procedures.  
   
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 Article (355 ) Termination of Mediation Duty  
1. The mediation procedures shall be terminated in the following instances:  
a. If the Defendant and the victim, or the persons in their behalf, enter into an 
agreement for bringing their dispute to an end by way of waiver, conciliation or payment, before the mediator takes over his duties;  
b. If the Defendant and the victim sign the conciliation agreement before the specified time limit expires;  
c. If the Defendant, the victim and the mediator unanimously agree to terminate the Criminal Mediation before they reach a conciliation agreement for whatever 
reason;  
d. If either the Defendan t or the victim notifies the mediator or the Public 
Prosecution of its desire not to pursue the Criminal Mediation process;  
e. If the mediator notifies the Public Prosecution that the Criminal Mediation is 
ineffective or that there is no possibility to reach conciliation between the 
Defendant and the victim, due to lack of any form of cooperation during the 
Criminal Mediation sessions, or due to failure of either party or both parties to 
appear; or  
f. Due to expiration of the Criminal Mediation time limit w ithout being extended.  
2. Under any circumstances, the mediator shall, upon termination of the mediator proce-
dure, deliver back to each party all the papers and statements submitted by the latter, 
and shall be prohibited from retaining their originals or c opies thereof. In addition, the 
mediator shall send to the Public Prosecution a report on the result of Criminal Media-
tion within three [3] business days starting from the date of termination of the Criminal 
Mediation for whatever reason.  
   
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 Article (356 ) Mediation -Based Conciliation Agreement  
1. If, at the conclusion of the mediation process, the parties reach an agreement for concili-
ation and settlement of their dispute, in whole or in part, the mediator shall execute the Criminal Mediation agreement and s hall have the same signed by the parties as well as 
the mediator himself. The agreement shall indicate the purport of the mediation and the timeframe set for the Defendant to perform his obligations towards the victim. The De-
fendant and the victim shall each receive a copy of the mediation agreement, and the 
same shall be submitted to the Public Prosecution Member for approval.  
2. The Defendant shall, within a time limit to be determined by the Public Prosecution and 
not exceeding two weeks of the approval date of the conciliation and settlement agree-
ment, commence the performance of his obligations covered by the agreement.  
3. If the Defendant fails to perform the said obligations, in whole or in part, the competent 
prosecutor may decide that the criminal action be reinstituted and prosecuted of ac-
cording to the procedures set forth in this Law.  
  
Article (357 ) Effect of Conciliation Agreement  
1. The conciliation shall give rise to termination of the criminal action or stay of execution of the judgment rendered thereon, as the case may be.  
2. If a conciliation is established with the Defendant after the criminal judgment or criminal order becomes f inal, the Public Prosecution shall order a stay of its execution.  
3. No challenge against, or retraction of the acceptance of, the conciliation agreement by 
the Defendant or the victim shall be admitted after being approved by the Prosecutor, 
and the conciliation approval report shall have the legal force of a Writ of Execution.   
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 4. The conciliation agreement shall be binding only upon its parties, and shall apply only to 
the parties on whom the agreement establishes obligations, and shall not be relied upon  
any third party.  
5. The Defendant's agreement to enter into Criminal Mediation as well as any statements 
made by him during the same shall not be relied upon against him as an act of confes-
sion.  
  
Article (358 ) Effect of Conciliation on the Civil Action  
Conciliation shall have no effect on the civil rights of the victim or of the aggrieved party, or 
on the right of either of them to resort to the civil courts to claim final compensation for the 
damage sustained, unless such rights or waived or covered by t he conciliation agreement.  
  
Article (359 ) Regulation of Criminal Mediation  
1. The Minister of Justice or the Head of Local Judicial Body shall issue a resolution regu-
lating the mediator's performance of Criminal Mediation duties and the requirements to 
be fulfilled by him, and disciplinary measures against him and the fees schedule.  
2. The Attorney General shall, in coordination with the Attorneys General of the local judi-
cial authorities, issue a decision regulating the transfer to Criminal Mediation and its ses-sions, the procedures for selection of the criminal mediator and the latter's role and ob-
ligations, in such a manner that does not go against the provisions of this Chapter.  
 
 
Chapter 3 Plea Bargains  
Section 1 Plea Bargaining in Misdemeanor Cases  
Article (360 ) Provisions of Plea Bargaining i n Misdemeanor Cases   
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 The Public Prosecution may, if the crime is actionable before the competent court, propose 
to the Defendant in misdemeanor cases a final out -of-court settlement of the criminal 
action,  by accepting any of the punishments and measures described in Article [362] hereof. 
In which case, the Plea Bargain shall be enforced based on the competent criminal judge's 
approval of the final Plea Bargain report.  
  
Article (361 ) Scope of Plea Bargaini ng in Misdemeanor Cases  
The Plea bargaining process shall not apply to the following offenses:  
1. Qisas and Diyya offenses;  
2. Criminal offenses affecting the national security;  
3. Criminal offenses described in the Juvenile Delinquents and Vagrant Law;  
4. Criminal offenses for which the law does not allow reduced sentences;  
5. Specific offenses to which the Public Prosecution applies the provisions of the 
criminal order; and  
6. Offenses that are inseparably ass ociated with an offense to which the plea 
bargaining process is not applicable.  
  
Article (362 ) Plea Bargaining In Misdemeanors  
1. Plea Bargaining in Misdemeanors shall be carried out by an offer from the Public Prose-
cution to impose one or more of the fol lowing penalties or measures:  
a. Payment of the fine prescribed by law for the offense, but not exceeding half of 
its maximum value;  
b. Waiver, in favor of the State, of the object used, or intended to be used, for committing the offense or which has resulted therefrom;   
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 c. Suspension of the license granted to the Defendant for a period not exceeding six 
[6] months or revocation thereof;  
d. Closure of the business entity or suspension of business activities for a period not 
exceeding six [6] months;  
e. Performing any community service, subject to the general provisions of law 
regulating the same;  
f. Denying the Defendant's access to certain public places for a period not exceeding one year, subject to the general provisions of law regulating the same;  
g. Prohibiting the use or possession of certain means of communication for a period not exceeding six [6] months or deciding confiscation of the same, subject to the 
general provisions of law regulating the same; or  
h. Obligating the Defendant to pay provisional compensation for the damage 
sustained by the victim, if the latter demands the same. The victim shall be 
notified of such a proposal.  
2. Under any circumstances, the fine penalty and community service measure shall not be 
imposed on a single person co ncurrently.  
3. In all cases and without prejudice to the rights of bona fide third parties, if the Defendant 
accepts the Plea Bargain, he shall surrender any objects or funds that were used in, in-
tended to be used in, or resulted from, the criminal offense , where such objects or funds 
are in his direct or indirect possession or are under his direct or indirect control.  
  
Article (362 ) Plea Bargaining in Misdemeanors  
1. Plea Bargaining in Misdemeanors shall be carried out based on a proposal of the Public 
Prosecution to impose one or more of the following penalties or measures:   
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 a. Payment of the fine prescribed by law for the offense, but not exceeding half 
of its maximum value;  
b. Waiver, in favor of the State, of the object used, or intended to be used, for  
committing the offense or which has resulted therefrom;  
c. Suspension of the Accused's license for a period not exceeding six (6) months 
or revocation thereof;  
d. Closure of the business entity or suspension of business activities for a period not exceedi ng six (6) months;  
e. Performing any community service, subject to the general provisions of law regulating the same;  
f. Denying the Defendant's access to certain public places for a period not 
exceeding one year, subject to the general provisions of law r egulating the 
same;  
g. Prohibiting the use or possession of certain means of communication for a 
period not exceeding six (6) months or deciding confiscation of the same, 
subject to the general provisions of law regulating the same; or  
h. Obligating the Defendant to pay provisional compensation for the damage sustained by the victim, if the latter demands the same. The victim shall be notified of such a proposal.  
2. Under any circumstances, the fine penalty and community service measure shall not be 
imposed on a single person concurrently.  
3. In all cases and without prejudice to the rights of bona fide third parties, if the Defendant 
accepts the Plea Bargain, they shall surrender any objects or funds that were used in, 
intended to be used i n, or have resulted from, the criminal offense, where such objects or 
funds are in their direct or indirect possession or are under their direct or indirect control.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  134 
   
Article (363 ) Preliminary Offer of The Plea Bargaining in Misdemeanor 
Cases  
1. The Public Prosecution shall serve the Defendant, if the same is not present, of the of-
fered Plea Bargain, according to the methods and procedures of service set forth in this law. The served notice shall indicate the right of the Defendant to an attorney before ac-
cepting the Public Prosecution's offer.  
2. The Defendant shall accept or decline the offer within five [5] business days of the date 
of being offered to him or of the date of being served upon him, as the case may be. Fail-ure of the Defendant to respond to  the offer shall be construed as a rejection of the Plea 
Bargain.  
  
Article (364 ) Acceptance by the Defendant of The Plea Bargain in 
Misdemeanor Cases  
If the Defendant accepts the Plea Bargain, the Prosecutor shall draw up an independent 
report containing details of the Defendant, a description of the charges brought against him 
and the articles of law applicable thereto, as well as the proposed penalties and measures. 
Such report shall be signed by the Defendant.  
  
Article (365 ) Transferring The Plea Barga in in Misdemeanors to The 
Competent Court  
1. The Public Prosecutor shall transfer the Plea Bargain in Misdemeanors report, after the 
same is served upon the Defendant, to the competent criminal court. The court shall, in 
chambers, verify the validity of th e procedures, appropriateness of the punishment and  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  135 
 absence of invalidation or nullifying factors, and may, under a reasoned decision to be 
made at the same scheduled hearing, approve or reject the Plea Bargain.  
2. The court's decision approving the Plea B argain on Misdemeanors shall constitute a 
judgment establishing termination of the criminal action against the Defendant on set-
tlement grounds. The Defendant shall abide by the content of the court -approved the 
Plea Bargain report, shall perform all the ob ligations therein contained, and shall neither 
retract his acceptance of such a report nor challenge the same by any means of chal-
lenge.  
  
Article (366 ) Nullification of and Breaking the Plea Bargain  
1. If the Defendant declines, or if the court dismisses, the offered Plea Bargain in a misde-
meanor, the Plea Bargain shall be deemed null and void. In which case, the Public Pros-ecution shall remove or withhold the Plea Bargain report, and the Public Prosecut ion 
may proceed with and handle the criminal action by the legally prescribed methods.  
2. If the Defendant violates the Plea Bargain conditions or fails to perform his obligations, the Public Prosecution may either institute the criminal action before the competent 
criminal court and may obligate the Defendant to fulfil his obligations according to the rules of judgments enforcement set forth herein.  
3. If a judgment of conviction is rendered against the Defendant, the work, training or qual-
ificat ion efforts performed by the Defendant in implementation of the Plea Bargain con-
ditions and the funds paid by him in this regard shall be taken into consideration upon 
serving the court -ordered sentence.  
  
Article (367 ) Effect of The Plea Bargain on Rehabi litation  
The penalty prescribed under the Plea Bargain process shall not be deemed a criminal  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  136 
 conviction that entails rehabilitation.  
  
Section 2 PLEA BARGAINING IN FELONY CASES  
 Article (368 ) Provisions of Plea Bargaining In Felony Cases  
The Public Prosec ution may, either sua sponte  or at the request of the Defendant in respect 
of the felonies and misdemeanors that are inseparably associated therewith, where the 
investigation procedures are completed and there is strong presumptions that the 
Defendant has committed such offenses, make an offer to the Defendant, in the presence of 
his attorney, that in exchange for giving a detailed confession of committing such offenses, it 
shall request that the Court passes a reduced sentence, as described in Article [370 ] hereof.  
  
Article (369 ) Scope of Plea Bargaining In Felony Cases  
Without prejudice to the provisions of Article [370] hereof, the provisions of the Plea 
Bargain shall apply to the felonies punishable by a determinate prison sentence and the misdemeanors that are inseparably associated therewith.  
  
Article (369 ) Scope of Plea Bargaining In Felony Cases  
Without prejudice to the provisions of article (361) hereof, the provisions of the Plea Bargain shall apply to the felonies punishable by a determinate prison sentence and the 
misdemeanors that are inseparably associated therewith.  
  
Article (370 ) Plea Bargaining In Felonies   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  137 
 1. The Prosecution Member, with a rank of not less than a Chief Prosecutor, to be nomi-
nated under a decision of the Attorney General, shall, upon applying the Plea Bargain in 
felonies and the misdemeanors that are inseparably associated therewith, propose to 
request that the Defendant be sentenced to prison for no more than three [3] years and 
no less than three [3] months.  
2. In addition to the punishment described in Clause [1] of this Article, the Public Prosecu-
tion may propose to the Defendant that one or more of the punishments described in 
Article [362] of this law be imposed on him.  
3. The competent court may, either sua sponte or at the request of the Prosecutor, apply 
the punishment proposed in the Plea Bargain according to the following:  
a. Ordering that the Defendant be placed under electronic monitoring as a 
substitute for the custodial sentence, subject to the general provisions regulating 
the same; or  
b. Applying the provisions regulating the suspended sentences or pardons.  
4. The impleme ntation of the Plea Bargain process in felonies shall not preclude the com-
petent court from imposing ancillary or complementary punishments, and rule on what 
should be returned, as well as the penal measures, except for the banishment measure 
according to the rules and procedures set forth in the law.  
  
Article (371 ) Preliminary Offer of Plea Bargaining In Felony Cases  
1. The Public Prosecution shall serve upon the Defendant or whoever he decides of the 
Defendants – if they are not present – his offered Plea Bargain in felonies, according to 
the methods and procedures of service set forth in this law. The served document shall 
emphasize the need for engaging an attorney.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  138 
 2. The Defendant shall accept or decline the offer no later than ten [10] days of the dat e of 
being offered to, or served upon him, as the case may be. Failure of the Defendant to re-
spond to the offer shall be construed as a rejection of the Plea Bargain.  
  
Article (372 ) Acceptance by the Defendant of on the Plea Bargain In Felony 
Cases  
1. In case the Defendant accepts the offered Plea Bargain in felonies, the competent Prose-
cutor shall question the Defendant in detail, shall complete the necessary investigation procedures for reinforcing the evidence, and shall then draw up the offer in a separate 
report. Such a report shall contain the details of the Defendant, a description of the 
charges brought against him and the articles of law applicable thereto, the relevant evi-dence, and place of commission of such crimes. The report shall be signed by  both the 
Prosecutor and the Defendant.  
2. The Prosecutor shall verify that the Defendant's confession is both truthful and con-sistent with the facts, through supporting it by revealing the elements of the crime and its 
evidence.  
  
Article (373 ) Transferring The Plea Bargain In Felonies to The Competent 
Court  
The Public Prosecution shall transfer the criminal action, together with the report of thePlea 
Bargain in felonies, to the competent criminal court according to the procedures prescribed 
by law. The Court shall verify the validity and soundness of the Plea Bargaining procedures, 
and shall question the Defendant, in the presence of his attorney, about whether he admits the commission of the offense he is charged with. If the Defendant confesse s, the court shall  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  139 
 rely upon such confession as sufficient evidence for convicting him and imposing on him the 
punishment proposed by the Public Prosecution or imposing on him the punishment prescribed under the provisions of Article [370] hereof.  
  
Article (374 ) Retraction of Criminal Confession  
The Defendant may retract his confession at any stage before the judgment is rendered. In which case, the criminal action shall be sent back to the Public Prosecution to be prosecuted 
and processed according to the  procedures prescribed by law by a Prosecutor other than the 
prosecutor who was party tothe Plea Bargaining procedures.  
 
 
Article (375 ) Nullification of The Plea Bargain In Felonies  
1. The Plea Bargain in felonies shall be deemed null and void if the Defendant does not ac-
cept the proposed Plea Bargain or retracts his confession before the judgment being 
rendered, or if the court dismisses the same. In which case, the criminal action shall be 
prosecuted and processed by the Public Prosecution according to the procedures pre-
scribed by law.  
2. Nullification of the confession shall remove all its effects, and such confession shall not 
be relied upon as evidence against the Defendant or any third party.  
3. Nullification of the Defendant's confession due to retraction shall have no effect on the 
validity of the other evidence obtained by the Public Prosecution based on such confes-
sion.  
4. The Public Prosecution shall remove or withhold the Plea B argain report and the confes-
sion described in Article [372] of this Law.  
   
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 Section 3 COMMON PROVISIONS OF PLEA BARGAINS IN MISDEMEANORS 
AND IN FELONIES  
  
Article (376 ) Defendant's Attorney to Attend The Plea Bargaining Sessions  
1. Criminal settlement procedures shall be conducted in the presence of the attorney of the 
Defendant, and his presence during the Plea Bargain in felonies process shall be deemed mandatory. If, due to financial inability, the Defendant charged with a criminal offense fails to appoint an attorney to defend him, the Public Prosecution shall appoint an attor-ney for him, and the latter's fees shall be paid by the State as described in the law. If the 
attorney appointed by the Public Prosecution has any excuses or  impediments that 
would prevent him from accepting the appointment, he shall immediately communicate 
them to the Public Prosecution. If the Public Prosecution admits such excuses or im-
pediments, it shall appoint another attorney.  
2. The Defendant and his attorney shall both be enabled to review the criminal action's papers upon conducting the Plea Bargaining procedures.  
  
Article (377 ) Handover of Objects and Funds 
Without prejudice to the rights of bona fide third parties, the Defend ant shall, if he accepts 
the Plea Bargain, shall surrender any objects or funds that are involved in, intended to be 
involved in, or resulting from, the criminal offense, where such objects or funds are in his 
direct or indirect possession or are under his  direct or indirect control.  
  
Article (378 ) Effect of Multiplicity of Convicts on The Plea Bargain Offer  
Multiplicity of Defendants involved in the criminal action shall not prevent the Public  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  141 
 Prosecution from initiating the Plea Bargaining procedures wit h any or all of them. In which 
case, the Public Prosecution shall dispose of the criminal action with regard to the remaining 
Defendants according to the procedures prescribed by law.  
  
Article (379 ) Effect of Plea Bargains on Interruption of Criminal action's 
Limitation Period  
1. The limitation period of the criminal action shall be interrupted based on the Plea Bar-
gaining procedures. If there are several Plea Bargaining procedures, the limitation period 
shall commence as of the date of the last procedure thereof.  
2. If there are several Defendants, interruption of the limitation period with regard to any 
of them shall give rise to the same interruption with regard to the rest of them.  
  
Article (380 ) Effects of The Plea Bargain on Filing A Civil Action  
1. Subject to the provisions of Article [24.2] of this Law, the victim or the Plaintiff may file a claim with the Public Prosecution seeking provisional compensation from the Defendant for the damage sustained by him. Such a claim shall be recorded in the Ple a Bargain re-
port. In all cases, the filing of such a claim shall not preclude the Public Prosecution from 
conducting the Plea Bargaining procedures.  
2. The Plea Bargain report shall, after being duly approved, have the legal force of a Writ of 
Execution. I n addition, the Plea Bargain shall have no effect on the civil damage accruing 
to the victim or the aggrieved party, and shall not prevent the same from resorting to the 
civil courts to claim final compensation for the damage sustained.  
3. A request from t he victim or the Plaintiff to apply the Plea Bargain with the Defendant 
shall be inadmissible, and their statements shall not be heard during the discussions thereto related.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  142 
   
Article (381 ) Judge Not to Preside Over the Criminal Action  
Subject to the provisions of Article [207] of this Law, if a decision to reject the Plea Bargain is 
issued and the Public Prosecution decided to transfer the criminal action to the competent 
court, the judge, who rejected the Plea Bargain, shall not presid e over the Action.  
  
Article (382 ) Challenging the Decision or Judgment Ordering Plea 
Bargaining  
1. The Public Prosecution and the convict may each challenge, by way of appeal, the judg-
ment rendered on the Plea Bargaining in felony cases, on the grounds of  invalid deter-
mination of the punishment, violation, misapplication or misinterpretation of the law, or 
procedural invalidity affecting the Plea Bargaining procedures.  
2. The Public Prosecution and the convict, who is punished under the Plea Bargaining in 
misdemeanors, may challenge, by way of appeal, the decision made thereon on the grounds of violation, misapplication or misinterpretation of the law. The appeal time limit shall commence as of the date of issuance of the decision challenged. The judgment 
rendered on the appeal shall be unchallengeable.  
 
 
Chapter 4 Imposing Electronic Monitoring  
Section 1 General Provisions  
  
Article (383) Concept of Imposing Electronic Monitoring on the Defendant 
1. The procedure of imposing electronic monitoring on the Defendant is a situation where 
the Defendant or the convict is denied the right to be away, beyond the specified times,  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  143 
 from his place of residence or any other place designated in the order issued by the Pub-
lic Prosecution or the competent court, as the case may be. Such a procedure is enforced 
through electronic means that permits remote monitoring and compels the person un-
dergoing electronic monitoring to carry a closed -circuit electronic transmissio n device 
throughout the period of electronic monitoring.  
2. Upon designation of the times and places referred to in Clause [1] of this Article, it shall be taken into consideration the convict's practice of any professional or artisanal activity, pursuing his education or vocational training, access to medical treatment or any cir-
cumstances determined by the Public Prosecution or the competent court, as the case 
may be.  
  
Article (384 ) Designation of Means used for Enforcement of Electronic 
Monitoring and Implementation Mechanism 
1. The Cabinet shall, based on the Minister of Interior's resolution, issue a resolution speci-
fying the means used for enforcement of electronic m onitoring and its implementation 
control and mechanism, or may assign the implementation duty to any legal person or 
entity licensed to engage in such activity according to the conditions to be included in 
the resolution.  
2. Under any circumstances, it shall be ensured that the electronic means described in 
Clause [1] of this Article preserves the dignity, safety and privacy of the person undergo-
ing electronic monitoring.  
  
Article (385 ) Resolutions Regulating Remote Control Operations  
The Minister of Inter ior shall, in coordination with the relevant judicial bodies, issue the 
resolutions regulating the implementation of remote -control operations at the places of  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  144 
 electronic monitoring.  
  
Article (386 ) Monitoring Compliance by the Person Undergoing Electronic  
Monitoring  
1. The officers, non -commissioned officers and personnel of the police forces at the com-
petent police stations and units shall have the competence to monitor compliance by the 
person undergoing electronic monitoring with the content and scope o f the judicial or-
der and judgment imposing electronic monitoring on him, as the case may be. They may also get access, during the times specified in the decision or judgment, to the designated 
place of implementation, in order to ensure that the person und ergoing electronic mon-
itoring performs his obligations and is present at the designated place, in addition to 
checking the means of his living and proper functionality of the electronic monitoring devices. They shall submit relevant reports to the competent Public Prosecution on the 
results of their monitoring.  
2. The Minister of Justice may issue a resolution, in coordination with the Head of the rele-
vant body, nominating the public employees other than the categories described in Clause [1] of this Article. Such a resolution shall determine their duties and competences on monitoring compliance by the person undergoing electronic monitoring with his ob-
ligations set forth in this Chapter.  
  
Article (387 ) Verifying No Harm to Health of the Person Undergoing 
Electronic Monitoring  
The competent Public Prosecution may, at any time, at the request of the person undergoing 
electronic monitoring, engage a licensed and competent physician to verify that the 
electronic equipment means involved in the implementation of  electronic monitoring does  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  145 
 not inflict any harm upon the health of the person undergoing electronic monitoring or the 
safety of his body. The physician shall draw up a medical report to that effect.  
  
Article (388 ) Enforcement of Monitoring Penalty through Electronic Means  
The monitoring penalty, as well as the measures set forth in the penal codes in force in the 
State, may be enforced through the electronic means in accordance with the provisions and 
procedures se t forth in both this Section and Article [404] of this Law.  
 
Section 2 PROVISIONAL IMPOSITION OF ELECTRONIC MONITORING  
 Article (389 ) Provisional Imposition of Electronic Monitoring on the 
Defendant  
1. The Prosecutor may issue an order whereby the Defendant would provisionally undergo 
electronic monitoring, based on his approval or at his request, instead of his pretrial de-
tention, under the same conditions set forth in Article [103] of this Law.  
2. The said order shall designate the place of residence at which the Defendant is required 
to be present, the places to which the Defendant is or is not permitted to go, and relevant 
times and dates, along with the other details described in Article [104] of this Law.  
  
Article (390 ) Order Re No Communication for the Defendant Who is Under 
Electronic Monitoring  
1. The Public Prosecution may, where the investigation procedures so necessitate, include in the provisional Electronic Monitoring Order an Order Re No Co mmunication, without 
prejudice to the Defendant's right to communicate with his attorney at all times.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  146 
 2. The order may also obligate the Defendant to comply with the obligations set forth in 
Articles [404.1] and [404.2] of this Law.  
  
Article (391 ) Crimes  for Which No Order of Provisional Electronic 
Monitoring Allowed  
No order imposing provisional electronic monitoring shall be issued in respect of the 
criminal offenses punishable by the death penalty or life imprisonment, the offenses 
affecting internal o r external nationality security of the state, and the offenses for which the 
law prescribes the measure of banishment from the State.  
  
Article (392 ) Duration of Provisional Electronic Monitoring  
1. Provisional electronic monitoring shall be imposed after the Defendant is questioned, 
and shall be valid for thirty [30] days, which may be renewed only once for the same 
duration, subject to consent of the Defendant.  
2. If the investigation interest requires that the Defendant continue to undergo the provi-
siona l electronic monitoring after the expiration of the durations set forth in Clause [1] 
of this Article, the Public Prosecution shall transfer the case file to a judge of the compe-
tent criminal court, in order for the latter to order, after review of the pap ers and hearing 
the statements of the Defendant and based on the latter's consent, that the provisional electronic monitoring be extended for a renewable period not exceeding thirty [30] days, 
that the electronic monitoring be cancelled and the Defendant b e remanded in custody, 
or that the Defendant be released with or without bail.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  147 
 3. Under any circumstances, the judge of the competent criminal court may amend the 
times of the Defendant's presence at the place of residence or at the designated places, afte r hearing the statements of the Defendant and consulting the Public Prosecution.  
  
Article (393 ) Revocation of Provisional Electronic Monitoring Order  
1. The Public Prosecution may revoke the order imposing provisional electronic monitoring issued thereby,  and issue an arrest warrant against the Defendant undergoing provision-
al electronic monitoring and keep him in remand until investigations are completed, if 
there is cogent evidence against the Defendant, if the Defendant violates the obligations 
describe d in the order revoked, if the same is requested be the Defendant, or if there are 
circumstances that entail such an action.  
2. If the order is issued by the judge of the competent criminal court, a new arrest warrant 
shall be issued against the Defendant by the same court upon motion of the Public 
Prosecution.  
  
Article (394 ) Imposing Provisional Electronic Monitoring instead of Pret rial 
Detention  
The judge of the competent criminal court may, while hearing the motion for extending the 
electronic monitoring, order that the Defendant undergo provisional electronic monitoring, 
subject to the latter's consent, instead of pretrial detention.  
  
Article (395 ) Rules and Procedures for Appeal against or Revocation of 
Provisional Electronic Monitoring Decision  
Appealing against or revocation of the decisions imposing provisional electronic monitoring  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  148 
 shall be subject to the same rules, procedur es and time limits prescribed for pretrial 
detention under Articles [133, 135, 136, 137 and 139] of this Law.  
  
Article (396 ) Subtracting the Provisional Electronic Monitoring Durations 
from Custodial Sentence Terms  
Subtracting the provisional electronic m onitoring durations upon enforcement of custodial 
sentences shall be subject to the same rules prescribed for pretrial detention under Articles 
[294, 295 and 296] of this Law. 
  
Section 4 IMPOSING PROVISIONAL ELECTRONIC MONITORING INSTEAD OF 
CUSTODIAL SENT ENCE  
Article (397 ) Imposing Provisional Electronic Monitoring instead of 
Confinement  
1. When the court renders a judgment of confinement sentence for a term not exceeding 
two years, it may indicate in the operative part of judgment that the sentence be en-
forced through electronic monitoring; if it convinced that the circumstances or age of the 
Defendant suggests that the latter would not commit a new offense, and that he has a permanent and known place of residence in the State, or if it is convinced that t he De-
fendant is practicing a stable professional job, even if temporarily, or is pursuing his ed-
ucation or recognized vocational training, or that he is the sole breadwinner of his fami-
ly, or based on any other circumstances determined by the court, as the  case may be.  
2. Imposing the electronic monitoring measure described in this Section shall not apply to the convicted recidivist.  
   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  149 
 Article (398 ) Commencement of Electronic Monitoring Punishment 
Enforcement Duration  
The duration of enforcement of the electronic monitoring -based punishment described in 
this Section shall commence as of the date of arresting the convict based on an enforceable 
judgment.  
 
 Article (399 ) Compliance with Criminal Measures  
The court may, up on rendering a judgment indicating that the punishment would be 
enforced based on electronic monitoring, include in the operative part of judgment an order that the convict be subject to any of the penal measures described in Articles [111.1, 111.2 
and 127] of the Crimes and Penalties Law [Penal Code] referred to hereinabove.  
  
Article (400 ) Obligations of the Convict Undergoing Electronic Monitoring  
The convict undergoing an electronic monitoring penalty shall keep the Public Prosecution 
having the jurisdiction to enforce the judgment notified of the following details:  
1. Any changes to his occupation or place of residence;  
2. His desire to move or stay away from his designated place of residence for a period 
exceeding fifteen [15] days within the State, an d the underlying reasons. He shall 
also notify the Public Prosecution upon his comeback.  
3. His acceptance to receive periodic visits from the competent officers referred to in 
Article [386] of this Law, in order to verify his means of living and performan ce of his 
obligations set forth in this Section.  
4. Under any circumstances, the convict undergoing electronic monitoring shall only travel abroad after obtaining a permission from the competent court described in  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  150 
 Article [405] of this law and consulting t he Public Prosecution, and the court may 
withhold such a permission without giving any reasons. If the permission is given, 
the decision issued shall specify the travel date and destination and reason, in 
addition to date of comeback. The convict shall not ify the Public Prosecution as soon 
as he comes back from abroad. The period of the convict's stay abroad shall not be included in the enforcement duration of the court -awarded punishment.  
  
Article (401 ) Enforcement of Complementary Punishments, Damages and 
Legal Costs  
Imposing electronic monitoring on the convict shall not preclude the enforcement of 
complementary punishments, damages, refundable amounts and legal costs.  
  
Article (402 ) Supervising the Enforcement of Electronic Monitoring  
1. The Public Prosecution shall supervise the enforcement of electronic monitoring based 
on periodic reports to be submitted thereto by the competent body on monitoring the 
conduct of the convict and performance of his o bligations set forth in this Chapter.  
2. The Court that rendered the judgment may subsequently amend the places, tim es or re-
strictions of electronic monitoring, upon motion of the Public Prosecution, or upon mo-tion of the convict after consulting the Public Prosecution.  
  
Article (403 ) Cases of Mandatory Revocation of Electronic Monitoring Order  
The Electronic Monitorin g Order shall be revoked in any of the following instances:  
1. If, during the enforcement of electronic monitoring, it becomes known that a final 
judgment imposing a custodial sentence had already been rendered against the  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  151 
 convict before the issuance of the order imposing electronic monitoring on him, and 
of which the court has no knowledge upon issuing the Electronic Monitoring Order;  
2. If the medical report issued pursuant to Article [387] of this Law establishes that the 
means involved in enforcing the electronic monitoring has inflicted harm upon the 
health or safety of the convict's body;  
3. If the convict himself requests such revocation; or  
4. If enforcement of the electronic monitoring becomes impossible.  
  
Article (404 ) Cases of Optional Revocation  of Electronic Monitoring Order  
The Electronic Monitoring Order may be revoked in either of the following instances:  
1. If, during the electronic monitoring enforcement period, the convict commits a 
premeditated offense for which a pretrial detention punis hment is ordered against 
him or for which a custodial sentence is rendered against him.  
2. If the periodic follow -up reports referred to in Article [386] of this law reveal 
misconduct of the convict or the latter's failure to abide by the measures and obli gations imposed upon him pursuant to Articles [399] and [400] of this Law.  
  
Article (405 ) The Competent Authority for Revocation of Electronic 
Monitoring Order  
1. The revocation judgment referred to in Articles [403] and [404] of this law shall be ren-
dere d by the court that ordered the electronic monitoring measure, upon motion of the 
Public Prosecution, and after serving a notice to appear upon the convict.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  152 
 2. The court that renders the final judgment imposing custodial sentence pursuant to Arti-
cle [403.1] of this Law shall have the authority, either sua sponte or upon motion of the Public Prosecution, to revoke the Electronic Monitoring Order.  
  
Article (406 ) Challenging and Opposing the Judgment Revoking the 
Electronic Monitoring Order  
1. The revocation judgment referred to in the instances described in Article [403] of this 
law shall be final and unchallengeable.  
2. Judgments of revocation rendered in absentia in the two instances referred to in Article 
[404] of this Law may be challenged by way of opposition according to the conditions, 
time limits and procedures set forth in Article [229] of this law. The judgment rendered 
on the opposition shall be final and  unchallengeable.  
  
Article (407 ) Effect of Revocation of Electronic Monitoring Order  
The rendering of a judgment revoking the  Electronic Monitoring Order shall require the 
convict to serve the court -ordered custodial sentence term which is still enforceable as of the 
day of undergoing electronic monitoring. The duration of undergoing electronic monitoring 
shall be subtracted fro m the sentence term.  
  
Section 4 RELEASE AND IMPOSING ELECTRONIC MONITORING ON THE 
CONVICT  
Article (408 ) Motion to Undergo Electronic Monitoring for Remaining 
Sentence Term   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  153 
 Any convict punished by a custodial sentence for a term of not less than two years and not 
exceeding five [5] years, and who has served half of the sentence term, may file with the Public Prosecution a motion to be released and to undergo electronic monitoring for the 
remaining duration of the sentence through the electronic means.  
  
Article (409 ) Verifying the Motion to Undergo Electronic Monitoring 
1. The competent Public Prosecution shall examine the motion referred to in Article [408] 
of this law, in order to verify the convict's proper conduct during his stay at the penal in-stitution  to such an extent that suggests his self -discipline, and that there his release 
would not jeopardize the public order. Next, it shall submit the case file, accompanied by 
its opinion, to the court that rendered the sentence judgment.  
2. The court may gran t the Motion and decide that the convict both be released and un-
dergo electronic monitoring, if it becomes convinced of the Defendant's good conduct 
and attitude, and that it is unlikely for the Defendant to commit any new criminal of-fense. In addition, th e court impose under its decision on the convict any of the 
measures and obligations set forth in Articles [399] and [400] of this law.  
  
Article (410 ) Deciding on the Motion for Release and Undergoing Electronic 
Monitoring  
1. The court's judgment granting  or dismissing the motion for release of the convict and 
imposing the electronic monitoring on him shall be final and unchallengeable.  
2. If the Motion is dismissed, a new Motion may only be submitted after at least six [6] 
months of the date of the judgme nt dismissing the former Motion, unless the new Mo-
tion satisfies the requirements of conditional release described in the Penal institutions 
Law referred to hereinabove.   
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Article (411 ) Rules Applicable to Enforcement of Electronic Monitoring 
Order  
Enforcement of the Electronic Monitoring Order described in this Section shall be subject to 
the same rules set forth in Article [402] hereof.  
  
Article (412 ) Rules Applicable to Procedures for and Effects of Revocation of 
Electronic Monitoring Order  
1. The Electronic Monitoring Order described in this Section shall be revoked if any of the 
instances set forth in Articles [403.2, 403.3, 403.4 and 404] of this law is satisfied.  
2. The procedures for, and effects of, revocation of the Electronic Monitoring Or der shall be 
subject to the same rules set forth in Articles [405] and [407] of this Law.  
3. Notwithstanding Article [406.2] of this law, the judgment of revocation in the instances 
set forth in Clause [1] of this Article shall be final and unchallengeable . 
  
Article (413 ) Enforcement of Release and Undergoing Electronic Monitoring  
The competent authority of conditional release described in the Penal institutions Law may 
order that the release and electronic monitoring be enforced through the electronic means 
and pursuant to the provisions and procedures set forth in both Section I of this Chapter and Article [401] hereof.  
  
Part 5 Use of Electronic Technologies in Criminal Procedures  
 Article (414 ) Scope of Application   
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 The law enforcement bodies vested with the authorities of detecting the criminal offenses 
and collecting the evidence, the Public Prosecution and the Courts may engage the remote communication technology in the criminal procedures with the Defendant, the v ictim, the 
witness, the attorney, the expert witness, the interpreter, the Plaintiff or the Defendant liable 
for civil damages.  
  
Article (415 ) Appearance, Openness and Confidentiality  
The provisions of appearance, openness and confidentiality of investigations shall be 
fulfilled through the use of remote communication technology if carried out according to the provisions hereof.  
  
Article (416 ) Conducting Procedures Remotely  
The head of the competent body, or his authorized person, may conduct the procedur es 
remotely whenever necessary at any stage of the criminal action, in such a way that 
facilitates fact -finding, investigation or litigation procedures.  
  
Article (417 ) Remotely -Conducted Procedures beyond Territorial 
Jurisdiction of the Competent Emirate 
The procedures may be conducted remotely beyond the territorial jurisdiction of the competent emirate, in coordination with the competent body, if the person -  with whom the 
underlying procedures is required to be conducted –  is present therein.  
  
Article (418 ) The Defendant's Right to Object  
The Defendant may, at the first hearing of trial based on the remote communication  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  156 
 technology at any stage of litigation, request his physic al appearance before the court. The 
court may grant or dismiss such a request in light of the rules of proper administration of 
justice.  
  
Article (419 ) Attorney's Attendance Alongside the Defendant  
Subject to the provisions of this Law, the attorney of th e Defendant may meet or attend 
alongside the latter during the procedures of investigation or trial through the remote 
communication technology, in coordination with the competent authority.  
  
Article (420 ) Confidentiality of Remotely -Conducted Procedures  
The remotely -conducted procedures shall be electronically recorded and kept, shall be 
deemed of a confidential nature, and shall only be circulated, accessed to or copied from the e-information system based on a permission of the Public Prosecution or the competent 
court, as the case may be.  
  
Article (421 ) Application of Information Security Policy  
The remote communication technology described in this law shall be subject to the information security regulations and policies in force in the State.  
  
Article (422 ) Writing Down the Remotely -Conducted Procedures  
The competent authority may write down the remotely -conducted procedures in paper or 
electronic records or documents to be certified by it with no need to be signed by the persons concerned.  
   
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 Article (423 ) Use of Remotely -Conducted Procedures with Foreign States  
Remotely -conducted procedures may be used for implementing the Letters rogatory and 
judicial assistance requests with foreign states according to the provisions of the agreements 
and treaties ratified by the State.  
  
Article (424 ) Use of Remotely -Conducted Procedures with the Juvenile and 
Child  
Without prejudice to the Law of Juvenile Delinquents and Vagrants, the competent authority shall apply the remotely -conducted procedures with the juvenile s and children.  
  
Article (425 ) Probative Value of Electronic Signature and Documents  
1. The electronic signature shall have the same probative value of the physical signatures 
referred to in this law, as long as they observe the provisions set forth in th e Law of Elec-
tronic Transactions and Trust Services.  
2. Electronic documents shall have the same probative value of authentic and private-ly-executed paper documents under this law, as long as they observe the provisions set 
forth in the Law of Electronic T ransactions and Trust Services.  
  
Article (426 ) Coordination and Technical and Procedural Assistance  
Coordination shall be made by and between the Ministry of Interior, the Ministry of Justice, 
the judicial bodies and relevant entities for providing e -sign ature devices, preparing the 
rooms, and providing the modern means of communication, with the aim of carrying out remotely -conducted procedures at the competent bodies, penal institutions and other 
relevant bodies, and providing necessary technical and pro cedural assistance, in accordance  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  158 
 with the cabinet resolutions to be issued in this respect.  
  
Article (427 ) Manual or Electronic Implementation of the Provisions of this 
Law  
1. The crime detection and evidence- gathering bodies, investigation bodies and the courts 
may conduct any of the procedures set forth in this Law manually or electronically.  
2. The judicial orders, decisions and judgments may be issued manually or electronically.