Introduction
In the United Arab Emirates, the pursuit of justice is not confined to rigid application of existing laws but extends to ensuring fairness where the legal framework evolves. One of the most significant protections afforded to individuals in criminal proceedings is the principle that a more lenient law must be applied if it comes into force before a final judgment is issued. This principle, deeply rooted in modern criminal
jurisprudence, was recently reaffirmed by the UAE Federal Supreme Court in Case No. 1670 of 2025 (Criminal), decided on 25 March 2026, which addressed the application of amended drug laws and their impact on deportation orders.
The Legal Foundation: Article 14 of the UAE Penal Code
The legal foundation of this principle is enshrined in Article 14 of Federal Decree-Law No. 31 of 2021 (UAE Penal Code), which provides that where a law is enacted after the commission of an offence but before a final judgment is rendered, and such law is more favourable to the accused, it must be applied in place of the earlier law.
This ensures that individuals are not subjected to harsher penalties when the legislator has consciously introduced more balanced or humane provisions. It reflects a recognition that criminal justice must remain dynamic and responsive to legislative reform.
Case Study: Federal Supreme Court Case No. 1670 of 2025
The case in question involved an accused who had been convicted of consuming psychotropic substances, possessing such substances for personal use, and engaging in financial activities connected to those offences.
The trial court imposed a fine of AED 20,000 and ordered the deportation of the accused following the completion of the sentence. This deportation order was subsequently upheld by the appellate court. However, during the pendency of the proceedings and prior to the issuance of a final judgment, a significant legislative amendment came into force which altered the legal position concerning deportation in drug-related offences.
The 2025 Amendment: Nuanced Approaches to Deportation
This amendment was introduced through Federal Decree-Law No. 14 of 2025, which modified certain provisions of Federal Decree-Law No. 30 of 2021. In particular, Article 75, which governs deportation measures, was amended to introduce specific exceptions.
Before this amendment, the deportation of foreign nationals convicted of such offences was effectively mandatory. The revised provision, however, reflects a more nuanced and humanitarian approach by allowing courts to refrain from ordering deportation in defined circumstances.
These include situations where the convicted individual is a spouse or a first-degree relative of a UAE national, or where the individual is part of a family residing in the UAE, and deportation would result in serious harm to family stability or deprive dependents of necessary care or financial support.
Judicial Discretion and Reconsideration
In its judgment in Case No. 1670 of 2025 (Criminal), the Federal Supreme Court recognised that the 2025 amendment constituted a more favourable law within the meaning of Article 14 of the Penal Code. Accordingly, the Court set aside the earlier judgment insofar as it imposed deportation and remitted the matter to the lower court for reconsideration.
The lower court was directed to assess whether the accused satisfied the conditions for exemption from deportation under the amended law. This decision underscores the judiciary’s obligation to give full effect to legislative intent and to ensure that the accused benefits from any subsequent legal developments that are more lenient in nature.
Implications for Legal Strategy and Personal Stability
The implications of this judgment are both significant and far-reaching. It confirms that deportation in drug-related cases is no longer an automatic consequence, but rather a measure subject to judicial discretion and careful evaluation of individual circumstances.
Courts are now required to consider factors such as family ties, dependency, and the potential impact of deportation on the stability and welfare of the family unit. This marks a clear shift from a strictly punitive approach to one that balances enforcement with proportionality and social considerations.
From a legal strategy perspective, this development highlights the importance of continuous monitoring of legislative amendments and their potential application to ongoing cases.
Defence counsel must be proactive in identifying and invoking more favourable legal provisions, particularly where such provisions may materially affect the outcome of the case.
It also emphasises the need to present comprehensive evidence relating to the personal and family circumstances of the accused, as these factors may now play a decisive role in determining whether deportation is appropriate.
Strategic Support from KH Legal
At KH Legal, we consider this judgment to be a pivotal development in the evolution of UAE criminal law. It demonstrates a progressive alignment with international legal standards, particularly in recognising the importance of proportionality and the protection of family unity.
The introduction of discretion in deportation matters reflects a broader shift towards a more balanced and humane legal framework, while maintaining the integrity of the criminal justice system.
Conclusion
The Federal Supreme Court’s ruling in Case No. 1670 of 2025 (Criminal) stands as a clear affirmation of this principle and provides important guidance for both legal practitioners and individuals facing criminal proceedings.
For expatriates in particular, this development may have profound implications, as it opens the possibility of avoiding deportation where compelling personal and family circumstances exist.
For professional legal advice or representation in criminal matters, including cases involving deportation, our team at KH Legal is available to provide comprehensive and strategic legal support.
Frequently Asked Questions (FAQ)
Q1. What is the “More Lenient Law” principle in the UAE?
According to Article 14 of the UAE Penal Code, if a law changes to become more favourable to the accused after an offense is committed but before a final judgment is issued, the new, more lenient law must be applied.
Q2. Is deportation mandatory for drug-related offenses in the UAE in 2026?
No. Following Federal Decree-Law No. 14 of 2025, deportation is no longer automatic. Courts now have the discretion to refrain from ordering deportation based on family and humanitarian circumstances.
Q3. Who qualifies for an exemption from deportation under the new law?
Exemptions may be granted if the convicted individual is a spouse or first-degree relative of a UAE national, or if deportation would cause serious harm to family stability or deprive dependents of financial support.
Q4. Can the new law be applied if a trial has already started?
Yes, as long as a final judgment has not yet been rendered, any legislative amendment that is more favourable to the accused can be invoked.
Q5. What was the significance of Case No. 1670 of 2025?
This Federal Supreme Court case reaffirmed that legislative shifts toward judicial discretion in deportation are “more favourable” and must be applied retroactively to ongoing cases.
If you require further clarification or legal assistance concerning the matters discussed in this article, please do not hesitate to contact Khairallah Advocates & Legal Consultants LLC. Our lawyers would be happy to assist you.
Authors:
