Posts Tagged ‘Debt Relief’

UAE joins nations monitoring Offenders through Electronic Tagging

September 24th, 2022

The new law indicates that the concerned authority (while they are taking their decision) shall consider giving the accused a chance to continue his professional practice, complete his training, education, continue receiving medical treatment or any other conditional circumstances the competent authority might find necessary to be considered. The law gives the police (as the nearest police station) an authority to supervise the execution of the electronic monitoring of the criminals. It authorizes the police to visit the accused/criminal to make sure that he is executing the order and to check the integrity of the devices before they submit the report to the competent Prosecution. The law gives the right to the accused or the criminal to anytime request from the Prosecution to check if the device is affecting his health and to provide him with a medical report indicating the same.

Electronic monitoring for temporary period

The new law authorized the Prosecution to decide on a replacement of a police custody with electronic monitoring for investigation period, regardless if the same has been requested by accused or not. However, it is only possible if a prosecutor made such decision, and it also means that the accused during the investigation period has the right to reject the replacement of a police custody with an electronic monitoring, which is very unlikely to happen. In this case, he can remain in police custody until the case is decided.

The same law empowers the Prosecution to prevent the accused from contacting any of his partners in a crime and/or the victim and/or the victim’s family, yet it does not give the right to the Prosecution restricting accused from contacting his lawyer. The law excluded the accused in listed types of crimes from benefiting of having the electronic monitoring option. One of the most important types of crimes where the application of the electronic monitoring is impossible are the crimes with mandatory deportation sentences, such as drugs, sexual and honour related crimes.

The law gives the Prosecution the right to put the accused under electronical monitoring for a month, extendable to one additional month. If the Prosecution wishes to extend such monitoring for additional period, that should be done only after receiving the approval of the competent criminal authority, in accordance with article 364 of the same law. The law empowers the Criminal Court whether to extend or to cancel electronic monitoring, or to release the accused conditionally or unconditionally.