This article would tell you about the criminal rehabilitation in UAE and its classification.
Criminal rehabilitation means removing the criminal effects from the criminal record of the convicted subject to certain conditions as stipulated by law. Rehabilitation aims at reducing the social consequences of the criminal judgments included in the criminal record, which may hinder the convicted from involving in society.
According to Federal Law No. (36) Of 1992, rehabilitation is classified into two types:
The judgment of conviction is dismissed by law without any judicial intervention or a request from the convicted if the latter is not accused of a criminal penalty or misdemeanor. Accordingly its criminal record shall be as follows:
- If the person is accused of a felony and five years have passed as of enforcement; due to amnesty or prescription.
- If the person is accused of misdemeanor and three years have passed as of enforcement; due to amnesty, unless the convicted recommitted the crime or the penalty has lapsed due to prescription.
The judgment of conviction is dismissed through a later judgment. A criminal rehabilitation judgment is issued by the Criminal Court related to the convicted residence, upon his request, provided that the felony involves moral turpitude; which has been enforced, lapsed due to prescription or if two years have passed as of enforcement or amnesty in case of criminal felony or one year in case of misdemeanor.
It is stipulated according to Law that the period shall be duplicated in case of recommitting a crime or lapse of felony due to prescription. Based upon the Law, rehabilitation judgment shall be issued provided that the convicted shall pay all his liabilities to the UAE or persons, unless such liabilities have lapsed or it has been established that the convicted cannot pay the same.
Rehabilitation Request is on a petition from the convicted to the local general prosecution, where the convicted residence is located. Such request must indicate the necessary personal information, date of the judgment, places of residence to enable the Prosecution from conducting its investigations to decide on the behavior of the convicted since the date of the judgment and report the same to the court during the month following the date of the request. If rehabilitation requirements are met, the court shall approve the criminal rehabilitation request and general prosecution shall send a copy of the rehabilitation order to the courts where such judgment is include the rehabilitation order in the judgment margins and list the same in the relevant records.