القانون الجنائي في الإماراتمرسوم بقانون اتحادي بشأن تنظيم المؤسسات العقابية والإصلاحية

Article (1) Definitions In application of the provisions of this Decree Law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: State : The United Arab Emirates. Ministry : Ministry of Interior Minister : Minister of Interior Public Prosecution : The Federal Public Prosecution. Penal and Correctional Institutions : The Ministry's penal and correctional institutions, which are responsible for implementing court judgments and pre-trial detention orders issued by the judicial authority. Institution Officer : The officer who heads the administrative formation of the penal and correctional institution, assumes responsibility for administrative and executive tasks, and is responsible for achieving the institution's objectives.

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 2 Inmate : The person placed in penal and correctional institutions in implementation of judgments and orders issued by the judicial authority. Community Empowerment : A transitional period aimed at facilitating the inmate's integration into society, during which the restrictions are gradually eased and some benefits are granted to the inmate, and it shall be counted as part of the sentence. Database : Information and data on inmates required for the operation of penal and correctional institutions, which are stored in their electronic records.

Article (6) Management of Penal and Correctional Institutions 1. The penal and correctional institution is managed by the Institution Officer, who is responsible for guarding the inmates and implementing the laws, regulations and systems related to their management. 2. The Institution Officer shall be assisted by a sufficient number of officers, non- commissioned officers, privates, employees and workers, who shall be under his supervision and shall work in accordance with his orders within the limits of the laws and regulations. 3. The Institution Officer must immediately inform the competent department and the Public Prosecution of the death of any inmate who dies suddenly or as a result of an accident or commits suicide, or sustains any serious injury or in cases of escape, and in serious cases that require such communication, such as mass rebellion and epidemic diseases, while taking the necessary administrative measures. 4. The management of the penal and correctional institution for women shall be undertaken by a female officer, who shall carry out all the tasks and responsibilities assigned to the Institution Officer. If a female officer is not available, it shall be managed by a male

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 4 institution officer, who shall be assisted in carrying out his duties by a female worker who shall report to him. 5. It shall be noted that the workers in penal and correctional institutions for women must be women as much as possible, and in all cases, the guarding of female prisoners and the service work related to them shall be undertaken by women. 6. The Institution Officer shall implement every order issued thereto by the competent public prosecution, the competent court, or any other legally competent authority, and every order issued thereto by the Ministry regarding the duties of his job.

Article (7) Database 1. Penal and correctional institutions shall prepare the database necessary for their work, which shall include the following data: a. Daily data of the penal and correctional institution. b. Personal data of inmates. c. Judicial papers. d. Inmate deposits. e. Inmate visits. f. Inmate complaints. g. Cases of escaped inmates. h. Disciplinary sanctions. 2. The Ministry may, in coordination with the Public Prosecutor, add any other data. 3. The Executive Regulation of this Decree Law shall specify the method of recording and storing data in the database, the duration of its retention, and other types of data necessary for the operation of the penal and correctional institution.

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Article (10) Supervision of Penal and Correctional Institutions 1. Penal and correctional institutions shall be subject to the supervision of the Public Prosecution in accordance with the provisions of the Criminal Procedure Code. 2. The competent member of the Public Prosecution has the right to enter penal and correctional institutions at any time to ensure that laws, regulations and systems are being implemented and that there is no inmate is held illegally. He also has the right to view the Database to verify its compliance with laws, regulations and systems.

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 6 3. Every inmate has the right to meet with a member of the Public Prosecution while he is in the penal and correctional institution and to submit a complaint to him. The member of the Public Prosecution must examine it, take the necessary action regarding it, and notify the Public Prosecutor thereof.

Article (13) Inmate Detention in Penal and Correctional Institution 1. No person may be detained in a penal or correctional institution except on the basis of a written detention order issued by the competent Public Prosecution, the competent court, or any other legally competent authority.

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 7 2. No inmate may remain in the penal and correctional institution after the period specified in the detention order. 3. When the inmate enters the penal and correctional institution, the detention order shall be summarised in the Database within the record of his category, and if he is transferred from one institution to another, the detention order and all other papers related thereto shall be sent with him. 4. Every inmate must be examined upon admission to the penal and correctional institution and his health and mental condition must be recorded in the Database. 5. Without prejudice to the legislations in force in the State, the penal and correctional institution may take the fingerprints of inmates upon their entry into the institution, and the Executive Regulation of this Decree Law shall regulate the procedures and mechanisms for dealing with fingerprints. 6. The penal and correctional institution must enable the inmate, upon entering the institution, to contact his relatives or whomever he wishes to inform them of his whereabouts.

Article (16) Searching Inmates 1. Every inmate must be searched upon entering the penal and correctional institution, and any money or valuables found with him must be taken and deposited in the penal and correctional institution's safes to be delivered to him upon his release, unless he wishes to deliver them to a specific person, in which case they must be delivered to that person or to the inmate's legal representative. 2. If, during the search of the inmate, it is proven that he possesses items that are prohibited from being used, possessed or brought into the penal or correctional institution, they shall be seized, and the necessary measures shall be taken in accordance with what is specified in the Executive Regulation of this Decree Law. 3. If the items seized during the search constitute a crime, a report of their seizure shall be prepared and referred to the Public Prosecution to take legal action thereon. 4. Without prejudice to the provisions of Clause (3) of this Article, if the inmate conceals or refuses to hand over the seized items during the search process, disciplinary measures shall be taken against him. 5. The Executive Regulation of this Decree Law shall specify the procedures for the seizure and disposal of prohibited deposits and items.

Article (18) Inmate Classification 1. Inmates in penal and correctional institutions shall be classified into categories according to the inmate's legal status, type of crime, length of sentence and security risk. 2. The following conditions must be met when classifying inmates:

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 9 a. Complete separation between men's and women's institutions. b. Providing special wards for each category according to the classification. 3. Without prejudice to the provisions of Clauses (1) and (2) of this Article, the Executive Regulation of this Decree Law shall determine the classifications of inmates and the benefits specific to each category, the procedures for dealing with them and the specifications of the wards of each category, the provisions related to transferring the inmate from one category to another, and stating their obligations, rights, duties, employment and wages due thereto.

Article (19) Right of Pre-trial Detainee to Communicate with Others 1. The inmate in pre-trial detention shall have the right to meet his visitors and correspond with whomever he wishes, and he may contact any person he wishes to contact under the supervision of the Institution Officer or his representative, unless the detention order prohibits the foregoing. 2. The inmate in pre-trial detention may communicate with others, based on written permission from the Public Prosecution, in the following cases: a. The foreign inmate's communication with his embassy, diplomatic mission or the entity that looks after his interests in the State. b. Meeting his lawyer at the penal and correctional institution after verifying his status. 3. No third party may communicate with a pre-trial detainee in the penal or correctional institution except with written permission from the Public Prosecution. 4. The Institution Officer must record in the Database the details of the communication and meetings in terms of the personal details of the parties to the communication or meeting, the time and duration of the communication or meeting, and the date and content of the permission. 5. In all cases, the Executive Regulation of this Decree Law shall determine the procedures pertaining to the implementation of the provisions of this Article.

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Article (20) Treatment of Pregnant Inmate 1. The pregnant inmate shall be exempted from working in the penal and correctional institution as of the date of establishing her pregnancy, and shall be given special care in terms of food and sleep, and the implementation of any disciplinary penalties against her shall be postponed until after the birth or until the end of the period of her new-born's presence with her, as the case may be. 2. The pregnant inmate must be transferred to the hospital when the due date approaches and remain there until she gives birth and until the doctor decides to discharge her. She and her new-born must be given the necessary care, with appropriate food, clothing and rest. 3. The inmate may keep her new-born until he reaches the age of two years. If she does not wish the new-born to remain with her or if he reaches this age, he shall be handed over to the person who has the right to custody or care for him. If this is not possible, he shall be placed in one of the care homes. In all cases, the mother shall be notified of his place and shall be enabled to see him at regular times in the manner specified in the Executive Regulation of this Decree Law. 4. In all cases, the child's birth certificate must not include anything indicating that he was born in a penal or correctional institution or in a hospital belonging to it, or that his mother was committed to a penal or correctional institution.

Article (24) Healthcare and Medical Treatment 1. Penal and correctional institutions are obligated to provide health care and medical treatment to inmates in coordination with government health establishments. 2. Government health authorities and establishments are obligated to provide medical treatment to every inmate who does not have health insurance within the territorial jurisdiction of the penal and correctional institution, in order to treat him inside the institution or transfer him to its affiliated hospitals in coordination with the Ministry. 3. Health establishments within the territorial jurisdiction closest to the penal and correctional institution are obligated to deal with cases of serious or contagious illnesses of inmates, psychological illnesses, and illnesses leading to death, referred to them by the penal and correctional institution.

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 12 4. In every penal and correctional institution there shall be one or more doctors, one of whom shall be a resident in the penal and correctional institution, who shall be entrusted with providing healthcare services to the inmates. 5. The doctor shall examine each inmate upon his admission to the penal and correctional institution, and his health and mental condition shall be verified and documented in the records or in the Database within the penal and correctional institution, and the type of work that his health enables him to perform shall be determined. 6. In penal and correctional institutions for women, doctors must be women unless it is necessary to use the help of one or more male doctors, and in the event it is necessary that one or more male doctors are present. A female nurse, officer, non-commissioned officer or private must be present when the female inmate is presented to the doctor for examination or any other medical procedure to be taken. 7. The doctor shall inspect the penal and correctional institution and the inmates to verify health aspects, especially those related to hygiene and food, and the officer of the penal and correctional institution shall implement the health measures that the doctor deems necessary to take. 8. The doctor in charge of providing healthcare to inmates in the penal and correctional institution may decide to transfer the inmate to a government hospital to receive treatment. 9. The Executive Regulation of this Decree Law shall determine all other provisions related to the implementation of this Article, including the terms and conditions for referral and transfer to receive treatment outside the penal and correctional institution, in coordination between the Ministry, the competent health authorities, and the Ministry of Health and Community Protection.

Article (26) Inmate with Mental Diseases 1. If the doctor in charge of providing mental treatment to inmates in the penal and correctional institution finds that the inmate is suffering from a mental disease, he must refer him to one of the mental health facilities within the territorial jurisdiction closest to the penal and correctional institution for assessment and preparation of a medical report on his health condition. 2. The medical report shall be presented to the Public Prosecution to order his placement in the health facility, provided that the period he spends there is deducted from the sentence imposed. In all cases, the detention of an inmate with a mental disease shall not take place except after the approval of the competent health authority.

Article (27) Inmate with Serious Diseases 1. If the doctor in charge of providing medical treatment to inmates in the penal and correctional institution finds that the inmate is suffering from a disease that threatens his life or the lives of others or completely incapacitates him, he must refer him to one of the health facilities within the territorial jurisdiction closest to the penal and correctional institution for assessment and preparation of a medical report on his health condition. 2. The medical report shall be presented to the Public Prosecution to take appropriate action regarding the inmate's condition and notify the health authorities of this.

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Article (28) Death of Inmate 1. If the condition of the sick inmate reaches a critical level where his death is feared, based on what is stated in the medical report, the penal and correctional institution must take the initiative to notify his family and permit them to visit him without being bound by the official visiting hours stipulated in the Executive Regulation of this Decree Law. 2. In all cases, the inmate may not be buried before notifying the Public Prosecution of the death and its cause, and obtaining permission from it for burial. 3. The Executive Regulation of this Decree Law shall determine the procedures for dealing with the inmate who dies due to natural or pathological causes, or as a result of an accident, assault, suicide, or execution, and the procedures for his burial. Chapter Five Social Care, Education and Edification of Inmates

Article (29) Social Care Areas 1. The concerned federal and local authorities are committed to supporting penal and correctional institutions in providing social care to inmates, each according to its jurisdiction, in the following areas: a. Physical education. b. Education and edification. c. Religious preaching. d. Vocational training. e. Labour market programmes. 2. Each penal and correctional institution shall have one or more social or psychological specialists. 3. Each penal and correctional institution shall have one or more religious preachers to urge inmates to observe the provisions of religion, to be virtuous and to instil religious awareness in them.

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 15 4. A place shall be designated in the penal and correctional institution where prayers shall be performed at their appointed times, and every inmate shall be permitted to pray therein unless security requires otherwise. 5. The Executive Regulation of this Decree Law shall determine the special procedures and controls to implement the provisions of this Article.

Article (32) Family Meeting 1. A convicted inmate who has served a period not less than three (3) months of the penalty imposed may meet his family members up to the second degree or his spouse, by submitting a request to the Institution Officer specifying the names of those required to be met and the degree of relationship.

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 16 2. The Executive Regulation of this Decree Law shall determine the conditions for family meetings with the spouse, including its duration and the identification of those included in the inmate's family up to the second degree. 3. The family meeting shall not affect the inmate's right to other visits, provided that their conditions are met. Chapter Six Disciplinary Violations and Sanctions and Penalties

Article (34) Disciplinary Sanctions 1. The disciplinary sanctions that may be imposed on the inmates are: a. Warning b. Deprivation of all or some of the privileges prescribed for his category for a period not exceeding thirty (30) days. c. Deprivation of a reduction in the term or not being nominated for parole after the lapse of three quarters the sentence. d. Solitary confinement for a period not exceeding seven (7) days. 2. The Executive Regulation of this Decree Law shall determine the following: a. The power to impose disciplinary sanctions. b. Violations for which the sanctions stipulated in Paragraphs (C) and (D) of Clause (1) of this Article are imposed.

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Article (35) Imposing Disciplinary Sanctions 1. The disciplinary sanctions stipulated in Article (34) of this Decree Law shall be imposed in accordance with the following controls: a. Conducting an investigation that includes confronting the inmate with the act attributed thereto, hearing his statements, and investigating his defence in accordance with the procedures determined by the Executive Regulation of this Decree Law. b. The inmate may not be subjected to disciplinary punishment by solitary confinement except after a medical examination. c. Necessary precautionary measures may be taken against inmates until the investigation procedures are completed. 2. In all cases, the decision to impose a disciplinary sanction shall be reasoned and final. 3. Disciplinary sanctions imposed on the inmate shall be recorded in the Database and reported to the Public Prosecution.

Article (37) Inmate Release Procedures 1. The prisoner is released at noon of the day after the end of the sentence. 2. If the inmate is to be placed under police surveillance or electronic monitoring, the penal and correctional institution must coordinate with the relevant police station or the concerned department in the Ministry before releasing him. 3. If the inmate does not have usable clothing at the time of his release and is unable to obtain it, the administration of the penal and correctional institution shall issue him

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 18 clothing in accordance with what is specified in the Executive Regulation of this Decree Law.

Article (39) Health Release 1. A medical committee shall be formed by a Cabinet resolution based on the proposal of the Minister after coordination with the concerned authorities, to study the cases of inmates suffering from mental diseases or diseases that threaten their lives or the lives of others or completely incapacitate them, in order to recommend their release on health grounds or not, and the Public Prosecution shall be notified of the Committee's recommendation. 2. The health release of the inmate shall be made by a decision of the Public Prosecutor, and the Ministry shall be notified thereof. 3. The Public Prosecutor shall deport the released prisoner on health grounds against whom a judgment has been issued for deportation before the end of the sentence. 4. The Public Prosecutor may, by decision, deport a prisoner who has been released on health grounds if he is a foreigner, before the end of the sentence. 5. The inmate released on health grounds, who is not deported, shall remain under electronic surveillance and undergoes a periodic medical examination by the health establishment specified in the release decision, to submit a medical report on the medical condition in preparation for cancelling the health release order, if necessary. 6. When the medical condition that has entailed the release of the inmate disappears before the end of the sentence imposed on him, the matter shall be presented to the Public

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 19 Prosecutor to decide to return the inmate to the penal and correctional institution to complete the remainder of the sentence. 7. The period of time that the inmate released on health grounds spends outside the penal and correctional institution shall be counted as part of the sentence. 8. The Executive Regulation of this Decree Law shall determine the special procedures to implement the provisions of this Article.

Article (40) Release on Parole 1. Every inmate sentenced to a custodial sentence of one month or more shall be released if he has served three quarters of the sentence, and his behaviour during his stay in the penal and correctional institution calls for confidence in his rehabilitation and his release does not pose a threat to public security. If the sentence is life imprisonment, he shall be released if he has served at least twenty (20) years. This release decision shall be issued by the Minister and a copy thereof shall be notified to the Public Prosecutor. 2. Any inmate sentenced to a custodial sentence for crimes in which the Criminal Procedure Code permits criminal settlement and who has served two thirds of the sentence may submit a request to the penal and correctional institution for his release in exchange for a sum of money. The request must be accepted if the inmate has paid all the financial penalties, restitution and compensation ordered before the decision is made to accept or reject the request. 3. To implement the provisions of Clause (2) of this Article, the Cabinet shall, based on the Minister's proposal, issue a resolution that includes the following: a. Forming an examination committee to study the requests of convicted persons and issue recommendations regarding them. b. Determining the Committee's work system. c. Determining the sum of money in exchange for release, taking into account the nature of the crime and the length of the sentence imposed. 4. The release of the convicted inmate shall not prevent the implementation of the subsidiary and complementary penalties and penal measures imposed.

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Federal Decree-Law of 2024 Regulating Penal and Correctional Institutions 20 5. The sums collected in accordance with the provisions of Clause (2) of this Article shall be allocated to the development of penal and correctional institutions.

Article (41) Release of Inmate Sentenced to Life Imprisonment 1. The inmate sentenced to life imprisonment who has served the sentence for a period not less than fifteen (15) years may submit a request to the Institution Officer for his release. The officer must express his opinion on this request and then refer the request with the inmate's file to the Ministry to express its opinion on the extent of the danger of releasing the inmate to public security. The papers shall then be referred to the competent Public Prosecution to investigate the request and question the concerned parties about the inmate's behaviour and verify his good conduct and integrity. After that, the papers shall be submitted, accompanied by its opinion, to the court that issued the sentence. 2. The court shall order the release of the prisoner if it is proven that he has good conduct and is of sound character. It may make the release conditional on any of the measures stipulated in the Crimes and Penalties Law or the law on the basis of which the prisoner has been punished, if it includes such a measure. 3. The court's judgment to accept or reject the application shall be final and not subject to appeal. If the request is rejected, a new request may not be submitted before the expiration of a period of at least one year as the date of the judgment to reject the previous request.

Article (42) Effect of Multiple Crimes on Release 1. Subject to the provisions of multiple crimes and penalties stipulated in the Crimes and Penalties Law, if multiple penalties are imposed for crimes committed before the inmate is admitted to the penal and correctional institution, the release shall be based on the total duration of these penalties. 2. If the inmate commits a crime while being in the penal and correctional institution, the release shall be based on the remaining period at the time of committing such crime, in addition to the period of the penalty he has been sentenced to due to committing it.

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Article (45) Transitional Age Category 1. The transitional age category for inmates shall be determined as follows: a. The juvenile who has reached the age of eighteen (18) years and has not exceeded the age of twenty-one (21) years, and has been transferred from the juvenile institution to the penal institution to complete the execution of the sentence. b. The inmate who has reached the age of eighteen (18) years and has not exceeded the age of twenty-one (21) years, and has been placed in a penal and correctional institution. 2. Penal and correctional institutions must designate private places for inmates of transitional age, where they must not mix with other inmates in the institution. 3. The transitional age category stipulated in Clause (1) of this Article may be amended by a decision issued by the Minister.

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Article (50) Use of Weapons 1. Without prejudice to the cases and conditions for the use of weapons stipulated in Federal Law No. (12) of 1976 Concerning the Police and Security Force, as amended, or any other law replacing it, the Institution Officer and policemen assigned to guard may use their firearms against inmates in the following cases: a. Repelling any attack or resistance accompanied by the use of force if it cannot be repelled by other means. b. Suppressing inmate rebellion if they are armed with lethal weapons and refuse to drop them after being asked to do so. c. Preventing the inmate's decision if it cannot be prevented by using other means. In this case, shooting must be in the air. If that does not work, shooting should be directed towards the legs. 2. In all cases, the Public Prosecution must be notified immediately to conduct the investigation and inform the Ministry of this.

Article (53) Inmate Correctional Policies Committee 1. Pursuant to the provisions of this Decree Law, a committee called the "Inmate Correctional Policies Committee" shall be established and shall be affiliated with the Ministry. A Cabinet resolution shall be issued to form it and determine its work system based on the proposal of the Minister. 2. The Inmate Correctional Policies Committee shall exercise the following competences: a. Ensuring the application of best practices in the management of penal and correctional institutions. b. Proposing appropriate measures and mechanisms to develop penal and correctional institutions, in order to ensure the achievement of their mission of reforming, rehabilitating and reintegrating convicted inmates into society as useful members. c. Adopting a plan, policy and work guide for the system of penal and correctional institutions, in a manner that ensures the link between them and the work plan of the courts and prosecution offices. d. Taking the necessary measures to adopt a general policy aimed at achieving economic management of the penal and correctional institutions system. e. Proposing draft laws aimed at reducing the use of custodial penalties and expanding non-custodial penalties and measures. f. Any other competences entrusted thereto by virtue of a Cabinet or Ministerial resolution.

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Article (54) Penalties 1. A penalty of imprisonment for a period not less than six (6) months and/or a fine not less than fifty thousand (50,000) AED shall be imposed on anyone who: a. Enters or attempts to enter to, or take out or attempts to take out from, the penal and correctional institution, in any way, any substances prohibited by the laws, regulations and resolutions regulating the work of the penal and correctional institution. b. Gives an inmate prohibited substances while transferring him from one place to another. 2. The penalty shall be imprisonment for a period not less than one year and/or a fine not less than one hundred thousand (100,000) AED if one of the acts stipulated in Paragraphs (A) and (B) of Clause (1) of this Article is committed or if one of the employees of the penal and correctional institution or those charged with guarding the inmate facilitates or assists in committing it. 3. Anyone who provides an inmate with weapons or tools to use to escape or commit a crime shall be punished with imprisonment for a period not less than five (5) years. The penalty shall be imprisonment for a period not less than ten (10) years if the act is committed, facilitated, or assisted in by one of the employees of the penal and correctional institution. 4. Any inmate who destroys, disables or damages the property and facilities of the penal or correctional institution shall be punished by imprisonment and a fine, and he shall be ordered to pay the value of the items he has destroyed, disabled or damaged.