legal excuses estimated mitigating circumstances Arab united emirates penal code
legal excuses estimated mitigating circumstances Arab united emirates penal code The judgment in any criminal case Based on the judge’s conviction of the examined case, according to Arab united emirates penal code the sanction could be reduced according to the legal excuses and circumstances, but first, we must distinguish between the mitigating excuse and mitigating circumstance: Insult case law firm Insult case law firm Insult and defamation case Insult and defamation complaint Insults Insult case lawyer Insult and defamation attorney Insult case lawyer Insults Insult case attorney Insult and defamation complaint Insult and defamation attorney Insult and defamation case Insult case attorney Insult and defamation consultation Insult and defamation consultation law attorneys for hospital negligence lawyer for hospital negligence cases involving negligence lawyers negligence cases best negligence lawyers dr negligence surgical negligence cases negligence lawsuit clinical negligence cases negligence lawsuit cases negligence torts gp negligence cases clinical negligence cases won recent clinical negligence cases health negligence hospital negligence WhatsApp: +971555570005
The legal excuses and estimated mitigating circumstances in the Arab united emirates penal code
The judgment in any criminal case Based on the judge’s conviction of the examined case, according to Arab united emirates penal code the sanction could be reduced according to the legal excuses and circumstances, but first, we must distinguish between the mitigating excuse and mitigating circumstance:
First: mitigating excuses:
Legal excuses: it is the reasons that the court found it syndrome to the criminal act that Done by the defendant, in this case the court might take it in consideration, and either exempt the defendant from the crime or be reduced sanction as stated in article 94:
Excuses are either exempting or extenuating from penalty. Excuses are only those specified by law.
And article 94 also provided that no excuses except for the cases specified by the law, and these excuses were not absolute, but the law specified certain excuses or establish regulation that it is necessary for the application of these excuses, and these excuses according to article 96 are:
The excuses which considered from mitigating excuses is the young age of the criminal or committing the crime with non-criminal motivation or when it’s based on serious provocations from the victim.
So these excuses are:
• The young age of the criminal means the criminal is under age
• Secondly: committing the crime with non-criminal motivation which it is concluded by the judge through the facts of the crime
• Thirdly: committing the crime was based on serious provocations from the victim.
The legislator was more specified in the statement of these excuses so he stated that in case of the existence of one of these excuses in a crime punishable by death , the sanction will be reduced to life imprisonment or temporary imprisonment or to imprisonment with a term not less than one year , and if the crime is punishable by life imprisonment or temporary imprisonment the sanction will be reduced to imprisonment for a term not less than 3 months and that according to article 97 of penal code which provided that :
should there be an extenuating excuse in a crime sanctioned by death penalty, the penalty shall be commuted to life or temporary imprisonment or to detention fora minimum period of one year. In case the penalty is life or temporary imprisonment, it shall be commuted to detention fora minimum period of three months unless otherwise provided by law
as to reducing the sanction in offences article 99 provided that
If there is, in a misdemeanor, an extenuating excuse, the commutation shall be as follows:
a. In case the penalty has a specific minimum level, the court shall not be bound by it in considering the penalty.
b. If the penalty is imprisonment and a fine, court shall adjudicate one of these two penalties only.
c. Where the penalty is imprisonment not tied up with a specific minimum, the court may instead pass judgment for a fine.
Secondly: the judicial mitigating circumstances:
The judicial mitigating circumstances are elements or events or situation accompanies the case circumstances and personality of the offender and it depends on discretion of the Court , the court could extract these events or elements or situation from the offender’s circumstances or his personal history or from his work or from his social behavior , and the court could leave the discretion of these circumstance according to discretionary power of judge , so the judge could reduce the sanction if he found that the offender’s circumstance or the crime circumstance required clemency , and from the mitigating circumstances are when the offender has no precedent and the young age of the offender , and for these circumstances the court must reduce the sanction as provided by law , and if the case is felony with judicial mitigating circumstance , the sanction might be reduced according to article 98 which provided that :
If the court deems in a felony that the circumstances of the crime or of the criminal call for the extenuation of the penalty, it may commute the penalty prescribed for the felony in the following manner:
a- Where the penalty prescribed for the felony is death sentence, it may be commuted to life or temporary imprisonment.
b- Where the penalty prescribed for the felony is life imprisonment, it may be commuted to temporary imprisonment for a minimum period of six months.
c- Where the penalty prescribed for the felony is temporary imprisonment, it may be commute to detention for a minimum period of three months.
When the mitigating circumstance found in misdemeanor, article 100 provided that:
If the court deems, in a misdemeanor that the circumstances of the crime or of the criminal call for clemency, it may commute the penalty in the manner specified in the preceding article.
The point is, the sanction mitigated in a misdemeanor in the presence of mitigating excuse as provided by article 99
So devising the judicial mitigating circumstance it is up to the discretion of the court, but the judge must illustrate the reasons and the circumstances in lay down punishment. the clarification of these circumstances is importance for the validity of the sentence.
In the presence of mitigating excuse and mitigating circumstance, the court shall grant the accused a judicial pardon as stated in article 101:
If there is in a misdemeanor both an extenuating circumstance and an extenuating excuse, the court shall grant the accused a judicial pardon.
As a result, from what we have mentioned above, the articles specified the mitigating excuses and circumstances, and how we could reduce the sanction in the presence of these excuses and circumstances in the case, and it is clear that the legislator gives the judge flexibility to make a determination in certain cases to decide the equitable and right judgment after taking in consideration the crime and the offender’s circumstances, in order to achieve justice.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE