Criminal Procedures Related to the Insane Accused and their Effect on Civil Litigation under the UAE Legislation

Oct 01, 2016


Published in: Dirasat Shariah & Law Sciences

Publisher: University of Jordan

/ Suhaib Sharaiyra / Abdullah Ehjelah

This study addresses the provisions of the UAE Criminal Procedure Law related to the accused that is insane at the time of committing the crime. The importance of addressing those provisions stems from the lack of legal provisions that specifically identify the role of the public prosecution with regard to the procedures to be followed to determine the insanity of the accused at the time of commission of the crime. This study further addresses the investigation and trial procedures related to the insane accused, as the UAE Criminal Procedure Law does not address the effect of the discontinuation of the investigation and trial procedures on other procedures that are not related to the accused’s person, such as hearing witnesses or delegating experts. This study also extends to cover the effect of such procedures on the commencement of any civil actions/claims made in relation to the crime before either the civil or criminal courts. This study is primarily based on analyzing the UAE substantive and procedural provisions related to the subject, with the aid of the judicial precedents of the UAE judiciary, for the purpose of identifying the gaps, if any, in the UAE legislation, and suggesting solutions to cover such gaps. Finally, this study focuses on two main issues: first, the criminal procedures related to the accused who suffers insanity and, second, the effect of such procedures on the commencement of any related civil actions/claims.

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