Recent law reforms to ease woes of expats facing trials
dubai — As lawyers explain how the recent UAE law amendments would work once implemented, expats on trial for decriminalised acts are feeling a sense of relief.
Lawyers told Khaleej Times that if the case is still being examined in courts, the amendments apply with retrospective effect if it is in the defendant’s interest.
Last Saturday, changes have been introduced to some of the terms in the Personal Status Law, the Civil Procedure Law, the Penal Code and the Criminal Procedure Law. A number of offences that “do not harm others” have been decriminalised.
“I was sentenced to one month in jail followed by deportation for a charge of sex out of the wedlock and lost the appeal. I am hopeful that the amendments in the law could help before the final ruling is issued,” said an expat caught in legal turmoil.
Emirati lawyer Abdel Monem bin Suwaidan of Bin Suwaidan Firm for Advocates and Legal Counsels said the law, favourable to the defendant will apply in legal proceedings.
“If a person is sentenced for a criminal act and during the trial — whether at the appeal or cassation stages — a new law is issued that de
Article 13 of the UAE Federal Penal Code says that if after the crime takes place and before a final verdict is issued, a law is enacted and it is in the best interest of the accused, then it shall be applied.”
criminalises such act, the accused may benefit from the new amendments and the penalties shall be lifted.”
not applicable if verdict is issued “If the final verdict has already been issued against a defendant — for an act committed and was then crimi
nalised — and the case ruling gets into execution, the new law that decriminalises the act shall not apply,” he added.
Egyptian lawyer Hani Hammouda of Kefah Al Zaabi Law Firm explained that as per Articles 12 and 13 of the UAE Federal Penal Code, a crime is punishable pursuant to the
If the final verdict has been issued against a defendant — for an act committed and was then criminalised — and the case ruling gets into execution, the new law that decriminalises the act shall not apply.”
law that is enforced at the time it is carried out.
“Article 13 of the same law says that if after the crime takes place and before a final verdict is issued, a law is enacted and it is in the best interest of the accused, then it shall be applied,” he added.