Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
The Dubai public prosecution has launched an initiative to improve the dispute resolution process in the Emirate. The “Reconciliation is Better” initiative has been introduced in order to promote the resolution of disputes through amicable ways.
This initiative provides a straightforward and practical alternative to traditional legal proceedings that can be time consuming and expensive. Furthermore, it promotes agreement and a way forward, promoting a culture of tolerance and social harmony, which are central to Dubai’s leadership vision of a cohesive society.
The “Reconciliation is Better” initiative aligns with international best practices, while also being in line with Dubai’s leadership vision of a cohesive society. It also aims to establish a global benchmark for judicial excellence and support the objectives of the Dubai Plan 2030.
The initiative allows prosecutors to guide disputing parties towards fair and lawful settlements, reducing the reliance on lengthy legal proceedings. This will also reduce the burden on the courts and conserve resources, significantly reducing legal costs.
The principle of reconciliation is not a new concept under UAE Criminal Law. The UAE Penal Code under Federal Law by Decree No. 31 of 2021 Promulgating the Crimes and Penalties Law, allows reconciliation under certain instances. Article 84 of the Law states that in cases involving misdemeanors, theft, fraud, breach of trust, and concealment of objects obtained from these acts, if the victim of the crime is a family member of the offender, the Public Prosecution may stay the execution of imprisonment, provided that the victim waives or reconciles with the convicted offender.
Thus, reconciliation is allowed under the UAE penal code in the following instances:
- In certain crimes where the offender is a family member of the victim, and the victim waives or reconciles with the offender
- When a person who is in charge of a child, refrains from giving up the child to the person who is entitled to claim him by virtue of a final decision or judgment issued by the judicial authority
- If a parent or a grandparent abducts a minor child or grandchild, personally or through an intermediary, even without deception or coercion, or refuses to return or deliver the minor child, to the person who is entitled to his custody or care in accordance with a final decision or judgment issued by the judicial authority.
- If a person refuses to pay alimony/maintenance to his spouse, relative, or legal dependents as ordered by the court, or if a person refuses to pay child support, breastfeeding allowance or residence allowance, provided that he is capable of paying the said amount, and has refrained from paying the amount for a period of three months, after being warned to pay.
- If a person physically assaults another person, and the assault leads to a disease or the inability to carry on his personal activities for more than twenty days.
- If a person defames a person through any means of publicity, and the defamation could have led to punishment, public hate or contempt towards the victim.
- If a person causes slander to another person without attributing a particular incident, through publicity, in a way that it violates the victim’s honour or dignity.
- If a person causes slander or defamation on the telephone or directly against the victim in the presence of others.
- If a person uses a car, a motorcycle or any similar vehicle, without the authorization or consent of its owner or the person who is entitled to make use thereof.
- If a family member commits a theft, fraud, breach of trust, and conceals the objects from the crime.
Reconciliation can be a powerful tool in certain criminal cases as it can offer a pathway to accountability, healing, and restoration that may not be possible in the traditional punitive legal approaches. It allows dialogue between the offender and the victim, fostering understanding and agreement. Although it may not be possible in all types of crime, it is certainly useful in small crimes, especially involving family members. The “Reconciliation is better” initiative was launched in April but it is already being applied to cases in Dubai. This reflects the Dubai prosecution’s dedication to establishing a global benchmark for judicial excellence.
Dr. Hassan Elhais