القانون الجنائي في الإماراتقرار مجلس الوزراء بشأن اللائحة التنفيذية للقانون الاتحادي بشأن حماية الشهود ومن في حكمهم

Article (1) Definitions The definitions set forth in Federal Law No. (14) of 2020, referred to hereinabove, shall apply to this Resolution; otherwise, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: Ministry : The Ministry of Interior. Minister : The Minister of Interior. Law : Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like. Security Guard : A guard appointed pursuant to the Law of Private Security Companies.

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Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and the Like 2

Article (2) Functions of the Protection Unit The Protection Unit shall exercise the following functions: 1. To participate in developing a comprehensive policy to protect witnesses, including developing criteria for the assessment of risks to which they are exposed and the methods and means for protecting the Protected Persons, in coordination with the relevant authorities in the State; 2. To carry out ongoing assessments of risks pertaining to the Protected Person; 3. To draw up a report on risks to which the Protect Person may be exposed; 4. To design a personal protection program for the Protected Person and identify protection levels that will be provided; 5. To set procedures for cooper…

Article (3) Obligations of the Protection Unit Within the framework of practicing its functions, the Protection Unit shall: 1. Provide the required protection to the Protected Person according to the Protection Program;

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Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and the Like 3 2. Prepare appropriate sites and places inside or outside the State for the purpose of implementing the Protection Programs, in coordination with the Competent Authority and the relevant authorities; 3. Set appropriate work procedures to secure the Protection Programs and protect data; and 4. Coordinate with the management of private sec…

Article (4) Phases of the Protection Program The Protection Unit shall set the Protection Program according to the following procedures: 1. To design the Protection Program in detail for every Protected Person, so that it commensurate with the risks, circumstances and facts requiring his protection; 2. To approve the Protection Program in coordination with the authorities in charge of financial affairs; 3. The Protection Unit shall implement the Protection Program in coordination with the relevant authorities inside or outside the State; and 4. To review the Protection Program on a regular basis and submit necessary amendment proposals.

Article (5) Determination of Protective Measures Subject to the criteria set forth in Article (8) of the Law, the Protection Unit or the Judicial Authority shall propose protective measures according to the following criteria: 1. The public interest arising from the criminal proceedings;

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Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and the Like 4 2. Means that may be provided by the police to protect a person required to be protected; 3. Budget placed at the disposal of the Protection Unit; and 4. Appropriateness of a person required to be protected for the Protection Program through the following sub-criteria:…

Article (6) Classification of Risks A risk that a person required to be protected may be exposed to shall be classified according to the classification of risks set out in Table (1) annexed to this Resolution.

Article (7) Applications for Enrollment in the Protection Program 1. Where there is a need to enroll a person in the Protection Program, an enrollment application shall be submitted by the Competent Authority or the Judicial Authority to the Competent Court, accompanied by the following documents: a. Evidence collection reports of which the person required to be protected is part and the nature and significance of his cooperation with the police in this regard, along with mentioning the possibility for obtaining similar evidence from other sources; b. Nature of potential risk to the person required to be protected and the overall circumstances and data justifying his enrollment in the Protec…

Article (8) Temporary Measures Until the Issuance of the Decision on Admission to the Protection Program Subject to Article (10) of the Law, the Protection Unit may take any of the measures set forth in the Law and the present Resolution to protect any person required to be enrolled in the Protection Program, until the decision of his admission to the Protection Program is issued by the Competent Court for a period up to (15) fifteen days.

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Article (9) Details of the Protection Instrument Subject to Article (13) of the Law, the Protection Instrument shall include the following details and information: 1. An acknowledgment that the details submitted by the Protected Person are accurate; 2. An undertaking that the Protected Person shall cooperate with police and security and judicial authorities in all matters related to investigation procedures and giving his testimony before the court; 3. Obligations of the Protected Person in connection with implementing the Protection Program, including settlement of his financial affairs, assets and rights to his property, and settlement of legal proceedings to which he is a party, including…

Article (10) Results of the Protection Instrument Signing the Protection Instrument shall lead to the following results: 1. All details of the Protection Program that will be provided to the Protected Person shall be introduced to him. 2. Signing the Protection Instrument shall result in actual enrollment of the Protected Person in the Protection Program. In all cases, the Protected Person may request to discontinue in or change the Protection Program.

Article (11) Means for Implementing the Protection Program The Protection Program shall be implemented through the measures prescribed by virtue of the Law according to the means shown in Table (2) annexed to the present Resolution.

Article (12) Convicts or Remand Prisoners Covered by the Protection Program If the Protected Person is a convict or remand prisoner, the place of his detention shall be determined, whether inside or outside the penal institution. The Protection Program period shall be counted as part of the execution period of the sentence imposed.

Article (13) Minor or Incapacitated Person Covered by the Protection Program 1. A minor, incapacitated or disable person may be enrolled in the Protection Program only after obtaining a written consent from his legal representative, as the case may be, unless the Competent Court decides that he shall be covered by the Protection Program.

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Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and the Like 8 2. If a minor, incapacitated or disable person is approved to be covered by the Protection Program, the Competent Court may issue any directives to the legal representative of the Protected Person for the purpose of imp…

Article (14) Right of the Protected Person to Receive Funds 1. The Protected Person may receive any funds during the implementation of the Protection Program according to the procedures identified by the Protection Unit. 2. The funds referred to in Clause (1) of this Article shall be subject to control; in terms of their sources and how they relate to the parties to the crime under investigation or trial, and how their sources are related to persons involved in criminal activities inside or outside the State.

Article (15) Controls for Issuing New Identity for the Protected Person If the Protected Person is subject to the identity change measures, the following controls shall be followed: 1. The Competent Court shall issue its decision obligating the authority in charge of issuing identities to register, issue and document the new identity of the Protected Person. Such authority may amend or revoke the new identity of the Protected Person and issue necessary directives where amendments are introduced to the Protection Program or is revoked. 2. A decision issued by the Competent Court pursuant to the provisions of Clause (1) of this Article shall be limited to the issuance of a new identity, and ma…

Article (16) Appointment of an Attorney for the Protected Person 1. When a decision requiring the Protected Person to be subject to the measure of changing the identity is taken, he may appoint an attorney to act on his behalf pursuant to the legislation in force in this regard. 2. The attorney shall be granted, to the extent necessary, the power to legally represent the Protected Person in all proceedings, including the management of his assets, implementation of the procedures related to him and transfer of the title of such assets

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Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and the Like 10 if the Protected P…

Article (17) Follow Up on the Implementation of the Protection Program The Protection Unit shall, in coordination with the Competent Authority or the Judicial Authority throughout the Protection Program period, follow up on the following subjects: 1. All updates on the details and information related to the Protected Person, particularly those related to the crime and its perpetrators for which the Protected Person had enrolled in the Protection Program; 2. Information on the risks to the Protected Person; 3. Findings reached in connection with the criminal procedures for which the Protected Person had been enrolled in the Protection Program; and 4. Information on matters that may affect the…

Article (18) Regular Risk Assessment The Protection Unit shall, in coordination with the Competent Authority or the Judicial Authority throughout the Protection Program period, regularly reassess the risk to which the Protected Person may be exposed.

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Article (19) Termination of the Protection Program Subject to the provisions of Article (18) of the Law, the Protection Program shall be terminated if the Protected Person is convicted of any of the following crimes during the implementation of the Program: 1. Crimes against the State’s security and interests; 2. Dishonesty crimes; 3. Embezzlement; 4. Theft, 5. Bribery; 6. Forgery and counterfeiting crimes; 7. Fraud; 8. Rape, indecent assault or pederasty; 9. Inciting debauchery and prostitution; 10. Human trafficking crimes; 11. Money laundering crimes; 12. Crimes affecting national economy; 13. Crimes related to the abuse of office and the abuse of power; 14. Crimes related to perverting t…

Article (20) Effects of Termination of the Protection Program 1. The termination of the Protection Program for a Protected Person shall not terminate it for the rest of Protected Persons enrolled in the Protection Program. 2. If the Protection Program is terminated by a decision issued by the Competent Court, the Protected Person shall be served with a written notice signed by the Protection Unit showing the effects of terminating the Protection Program, and a copy thereof shall be submitted to the Competent Authority or the Judicial Authority, as the case may be. 3. The decision terminating the Protection Program shall take effect after at least (10) ten days from the date of its issuance,…

Article (21) Register of Protected Persons 1. A register of Protected Persons shall be created in the Protection Unit and shall contain the following information: a. Details on the Protection Programs; b. Details on the Protected Persons; c. Any changes introduced to the personal data and information related to the Protected Person throughout the period of his enrollment in the Protection Program; d. The extent to which the Protected Person complies with the Protection Program to which he is subject; and e. Any other information necessary for managing and implementing the Protection Programs.

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Article (22) Closed or Private Hearings The Competent Court’s hearings in actions related to the Protected Person or the Protection Program shall be held in camera, unless otherwise ordered by the court. All confidential materials submitted by the Protection Unit in the abovementioned actions shall be kept according to the applicable information security policy.

Article (23) Cooperation with the Relevant Authorities 1. The Protection Programs shall be implemented with the relevant authorities according to the following controls: a. Maintaining the confidentiality of the data of the Protected Persons and procedures taken between the two parties; b. Ensuring that entities are competent in the security field before entering into a contract with them on the Protection Program; and c. Setting a term for cooperating with such entities; provided that the required term does not exceed one renewable year. 2. If such entity is a foreign country or a government or non-government international or regional organization, the approval of the Ministry of Foreign Af…

Article (24) Contracting with Private Security Companies The Competent Authority may enter into a contract with private security companies for implementing the Protection Program. A Security Guard charged with implementing a Protection Program shall fulfill the following requirements: 1. He shall be a citizen of the State. 2. He shall be at least (21) twenty one calendar years of age. 3. He shall be medically fit. 4. He shall obtain the necessary security clearance. 5. He has never been convicted of a crime involving moral turpitude or dishonesty. 6. He shall hold a firearm proficiency certificate issued by a shooting club licensed in the State for non-military personnel. 7. He shall hold a…

Article (25) Duties and Powers of the Security Guard In order to implement the Protection Programs and prevent any harm to the Protected Person, the Security Guard shall, while performing his job, carry out the following duties and functions: 1. Securing persons, transport vehicles, luggage or other goods;

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Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and the Like 15 2. Retaining materials found during the security, which would inflict damage on the safety and security of the Protected Person or the security, and the Security Guard shall deliver such materials to the Protection Unit; 3. The Security Guard may us…

Article (26) Funding Budget The annual budget of the Protection Unit shall be set in coordination between the Ministry and the Ministry of Finance.

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Article (27) Publication and Entry into Force of the Resolution This Resolution shall be published in the Official Gazette, and shall enter into force as of the day following the date of its publication. Mohammed bin Rashid Al Maktoum Prime Minister Issued by Us Dated: Shawwal 11th, 1444 H. Corresponding to: May 11th, 2023 AD.

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Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and the Like 17 Table (1) Classification of Risks to which the Protected Person may be Exposed S.N Risk Level Risk Description Protection Measures Taken by the Competent Authority 1 1st level High; threatening his life or the lives of his famil…