Federal Law No. (5) Of 2022 Concerning Restitution (justice and juiciary law)

Article (1)  
Definitions  
For applying the provisions of this law, the following terms  and expressions shall have the 
meanings assigned thereto respectively , unless the context requires  otherwise:  
Ministry  Ministry of Interior  
Minister  Minister of Interior  
Applicant  The convicted person applying for Restitution

Article (2)  
Scope of Application  
Every person convi cted on the grounds of a misdemeanor or a felony shall be rehabilitated in 
accordance with the provisions of this Law.

Article (3)  
Types of Restitution  
Restitution  shall be classified in accordance with  the provisions of this law as follows:  
1.  Legal Restitution ; and  
2. Judicial Restitution .

Article (4)  
Legal Restitution  
Subject to the provisions of article (5) of this Law, the Public Prosecution shall issue a legal 
Restitution  decision if a judgment of conviction has been rendered against the convict on the 
grounds of a non -peace disturbing misdemeanor, and either the sentence has been executed or  
   
 
Federal Law No. (5 ) of 2022 Concerning Restitution   
3 a pardon has been issued in respect thereof . Should the judgment consider  the convict a 
recidivist, or if the penalty lapses on limitation grounds , then the convict shall be legally 
rehabilitated after th e lapse of a  period of six months following the date of execution of the 
penalty or pardon, or upon lapse of the penalty on limitation grounds .

Article (5)  
Judicial Restitution  
1. Subject to the provisions of article (4) of this law, judicial Restitution  shall be awarded based 
on a judgment by the competent court in respect of the crimes listed below, provided that one 
of the following periods has lapsed following the date of completion of the execution of the 
penalty or the issuance of a pardon:  
a. Six-month s in the case of non -peace disturbing  felonies;  
b. One year in the case of misdemeanors and felonies which are disturbing the peace or 
involving moral turpitude or breach of trust ; 
c. Two years in respect of the fe lonies affecting state security;  
d. The periods of time mentioned in this clause shall be doubled in the cases of recidivis m or 
lapse of the sentence on limitation grounds . 
2.  The competent court referred to in Clause (1) of this Article shall be determined based on a 
resolution  of the Minister of Justice or the head of the local judicial authority , as the case may 
be. 
3. Misdemeanors and felonies which  are disturbing the peace  or involving moral turpitude or 
breach of trust  shall be defined by a special commission formed under a Cabinet resolution 
whose terms of reference and work mechanism and the approval of its recommendations  
4. Misdemeanors and felonies disturbing the peace  or involving moral turpitude or breach of 
trust  shall be determined by a special committee formed by a  Cabinet resolution specifying  
   
 
Federal Law No. (5 ) of 2022 Concerning Restitution   
4 its terms of reference and  work and recommendation  approval  mechanism, based on the 
Minister’s  proposal with i ts membership includ ing representatives of  the concerned 
authorities in the State.

Article (6)  
Calculation of Restitution  Period  
1. If the penalty is coupled with a non -custodial  measure, then the period shall begin from the 
date of the release of the convict, provided that t he latter complies with the non -custodial  
measure.  
2. If the convict has been released conditionally , the period shall start  from the date of his 
release, unless he has committed any crime until the conditional release becomes final.  
3. Notwithstanding the provisions of Clauses (1) and (2) of this article, if the non -custodial 
measure is imposed in connection with a felony affecting the security of the state, then the 
period shall start from the day on which the measure has been completely executed , but if 
the measure is  imposed in connection with any peace disturbing felony , then the period shall 
commence from the day on which the measure  execution  ends or from the day on which the  
conditional release becomes final, whichever is longer.

Article (7)  
General Conditions on Restitution  
In order for the Restitution  to be granted , the following conditions shall be satisfied:  
1. That the convict meets  all the financial obligations imposed on him in favor of the state or to 
individuals, unless either such obligations have been fulfilled  or the convict has proved that 
he is in a state where he is unable to satisfy such obligations .  
   
 
Federal Law No. (5 ) of 2022 Concerning Restitution   
5 2. That i f several judgme nts are issued against the applicant , the Restitution  shall not be granted  
unless the conditions stipulated in this law are met  in relation to each judgment on a case -by-
case basis , while the calculation of  the period shall be  based on the most recent judgment.  
3. That the  applicant for Restitution  must be residing in the State  at the time of submitting the 
application.  
4. That i f the convicted person has been jointly sentenced, it shall be  sufficient for him to pay 
his share of the debt , and , where applicable , the competent court shall determine his share of 
debt required to be paid.

Article (8)  
Procedures for Applying for Restitution  
1. The legal and judicial Restitution  application shall be submitted to the Public Prosecution  
having the jurisdiction over the district wherein the applicant resides , provided that the 
application shall include the following:  
a. The data required to identify the personality of the Restitution  applicant;  
b. The places of residence of the applicant from the date of his release or from the date of the 
issuance of the judgment; 
c. A copy of the judgment rendered against the applicant and the documents evidencing that 
he has served the term of sentence, that the sentence has lapsed on limitation grounds, or 
that the convict has been pardoned.  
2. The Public Prosecution shall address the Ministry to provide it with the following data:  
a. The applicant’s criminal record from the date of release or from the date of sentence;  
b. A report on the applicant’s conduct during the  execution period;  
c. A report on his conditions in the places where he has been resid ing after execution;  
3. The Public Prosecution shall examine the application to identify the conduct of the applicant 
and shall obtain all the information it deems necessary .  
   
 
Federal Law No. (5 ) of 2022 Concerning Restitution   
6 4. In the event of legal Restitution , the Public Prosecution shall issue a legal Restitution  decision.  
5. In the event of judicial Restitution , the Public Prosecution shall submit the application to the 
competent court, accompanied by a report setting out its opinion and the reasons on which 
it is based, within a period not exceeding one month following the date of submi ssion of the 
application.

Article (9)  
The Powers of Court when Considering an Application  for Judicial Restitution  
1. When examining a n application for Restitution , the competent court may hear the statements 
of the Public Prosecution and the applicant . It may also obtain all the information it deems 
necessary. The applicant shall be served with a notice to appear at least three days before the 
hearing  date . 
2. The court shall  issue a judgment to  rehabilitate the applicant  when the conditions for 
Restituti on are met  if it is convinced that the applicant’s conduct from the date of receiving 
the sentence can be relied upon as a ground for ensuring his self -discipline .

Article (10)  
Rejection of the Application  for Restitution  
If an application for Restitution  is rejected due to a reason related to the conduct  of the convict, 
it may only be renewed after a 6-month period following the date of rejection. In other cases, it 
may be renewed when the necessary conditions are satisfied .

Article (11)  
Registration of Restitution   
   
 
Federal Law No. (5 ) of 2022 Concerning Restitution   
7 The Public Prosecution shall send  a copy of the judgment or the Restitution  decision to the courts 
issuing the sentence judgment, and shall take all necessary actions to have the judgment or 
Restitution  decision registered in the criminal systems established for this purpose.

Article (12)  
Revocation of the Restitution  Judgment or Decision  
1. The  Restitution  judgment or decision shall be revoked in the following cases : 
a. If it is proven that other judgments  have been passed against the convicted person while 
they have not been brought to the attention of the court or the Public Prosecution.  
b. If he is sentenced after being rehabilitated on the grounds of a crime that has occurred 
before the Restitution  being granted . 
c. If the convicted person fails to comply with the measures imposed.  
d. If the convicted person fails to comply with the terms and conditions of conditional 
release.  
2. An application to annul the judgment or decision issued for Restitution  shall be submitted by 
the Public Prosecution.  
3.  The judgment or decision for revocation shall be issued by the court or the Public Prosecution 
as the case may be.

Article (13)  
Effects Arising from Restitution  
Restitution  shall give rise to the following:  
1. Termination of all the criminal effects arising from the conviction judgment in relation to the 
future;   
   
 
Federal Law No. (5 ) of 2022 Concerning Restitution   
8 2. Termination of the consequence s involving lack of legal capacity and deprivation of rights.

Article (14)  
Invocation of Restitution  
Restitution  may not be invoked against third parties with regard to the rights that accrue to them 
based on the conviction  judgment , and in particular with regard t o refund  of amounts and 
compensation .

Article (15)  
Prior Convictions not Requiring Restitution  
For the purpose of this law, the judgments rendered in respect of the following crimes shall not 
be classified as prior convictions for which Restitution  is required:  
1.  Offenses for which the relevant laws stipulate that they are not considered as criminal 
convictions ; 
2. Crimes for which the punishment prescribed in the law or the court -ordered penalty is a fine, 
a non -custodial sentence;  
3. Offenses of juvenile delinquents or those at risk of delinquency;  
4. Crimes for which a stay of execution has been issued;  
5. Crimes for which a penal writ is issued;  
6. Crimes terminated on the grounds of penal conciliation or reconciliation.

Article (16)  
 Police Clearance Certificate (PCC)   
The mechanism for issuing a Police Clearance Certificate, and the rules, procedures and forms 
related thereto, shall be regulated by a resolution of the Minister based on the recommendation  
   
 
Federal Law No. (5 ) of 2022 Concerning Restitution   
9 of an ad hoc  committee to be formed by his resolution and shall have members from the bodies 
concerned.

Article (17)  
Fees  
The Cabinet shall issue a decision specifying the fees necessary to implement the provisions of 
this law.

Article (18)  
Repeals  
1. Federal Law No. (36) of 1992 concerning Restitution  shall hereby be repealed.  
2. Any provision that contradicts or conflicts with the provisions of this law shall hereby be 
repealed . 
3. The resolutions and regulations in force prior to the entry into force of the provisions of this law shall continue in full force and effect a manner that does not conflict with its provisions 
hereof until their substitute resolutions and regulations are issued in accordance with the 
provisions of this law.

Article (19)  
Publication and Entry into Force  
This law shall be published in the Official Gazette and shall enter into force three (3) following 
the date of its issuance . 
 
 
 
 
   
   
 
Federal Law No. (5 ) of 2022 Concerning Restitution   
10 Mohammed bin Zayed Al Nahyan,  
President of the United Arab Emirates  
 
Issued by us at the Presidential Palace – Abu Dhabi  
On 19 Ju mada Al -awwal 1444 (AH) 
Corresponding to 13 Dece mber 2022