Unraveling the Intricacies of Implementing Judicial Pardon within UAE Legislation

Abstract

This study delves into the utilization of judicial pardon within the framework of Article 152 of the UAE Federal Law on Crimes and Penalties, serving as an alternative to short-term prison sentences. The examination of this system reveals a range of organizational and judicial challenges inherent in its implementation, stemming from the existing gaps in the provisions of Article 152. The research investigates the efficacy of judicial pardon for both the individual offender and broader society. The conditions and stipulations outlined in Article 152 are scrutinized for a comprehensive understanding, encompassing elements relevant to both the offender and the committed offense. Furthermore, the study evaluates the judiciary's role in dispensing pardons to culpable individuals, leading to the cessation of legal and judicial prosecution against the offender. This study is especially significant as it marks a pioneering effort within the Emirati legal context, underscoring its valuable contribution to the future enhancement of the judicial pardon system. Utilizing a descriptive and analytical methodology, this study embarks on a jurisprudential and legislative inquiry. It examines legal regulations and judicial rulings to derive suitable resolutions for the identified challenges. The research draws from primary and secondary sources, including case law, statutory provisions, legal literature, and scholarly publications. Ultimately, the study culminates in a collection of outcomes and recommendations that advocate for objective and procedural remedies to enhance the implementation of this system.

Received: 7 September 2023 / Accepted: 25 November 2023 / Published: 5 January 2024