Article

Criminal Procedures Related to the Insane Accused and their Effect on Civil Litigation under the UAE Legislation

Oct 01, 2016

DOI:

Published in: Dirasat Shariah & Law Sciences

Publisher: University of Jordan

/ Suhaib Sharaiyra / Abdullah Ehjelah

This study addresses the provisions of the UAE Criminal Procedure Law related to the accused that is insane at the time of committing the crime. The importance of addressing those provisions stems from the lack of legal provisions that specifically identify the role of the public prosecution with regard to the procedures to be followed to determine the insanity of the accused at the time of commission of the crime. This study further addresses the investigation and trial procedures related to the insane accused, as the UAE Criminal Procedure Law does not address the effect of the discontinuation of the investigation and trial procedures on other procedures that are not related to the accused’s person, such as hearing witnesses or delegating experts. This study also extends to cover the effect of such procedures on the commencement of any civil actions/claims made in relation to the crime before either the civil or criminal courts. This study is primarily based on analyzing the UAE substantive and procedural provisions related to the subject, with the aid of the judicial precedents of the UAE judiciary, for the purpose of identifying the gaps, if any, in the UAE legislation, and suggesting solutions to cover such gaps. Finally, this study focuses on two main issues: first, the criminal procedures related to the accused who suffers insanity and, second, the effect of such procedures on the commencement of any related civil actions/claims.

Other Researches

Online Sales Contracts: A Study of the UAE Law

Online sales contracts are concluded between parties who are not necessarily present in the same location, and who are usually located in different countries having different legal jurisdictions. This fact gives rise to several issues including the ...

The Effect of ‘Motive’ on Characterising Organised Tawarruq

This article aims to discuss the effect of motive of organised tawarruq parties on its permissibility and to shed light on the importance of considering the overall objectives and goals of Sharīʿah when conducting transactions. An analytical and ded...

The Compatibility of the UAE & Bahraini Legislations in Determining the Time of Conclusion of Electronic Contracts with International Trends

The use of electronic means to conclude contracts necessitates the determination of the time of the conclusion of those contracts. This is important in order to determine the term of the contract, its enforceability, as well as determine the capac...

The Applicability of UAE Conflict of Laws Rules Related to Property and Persons to Electronic Transactions

The conclusion of legal transactions through modern means of communications raises several legal issues, such as the issue of proving such transactions or the issue of determining the time and place of their conclusion, etc. Additionally, several ...