The late Sheikh Zayed Bin Sultan Al Nahyan, may God bless him, found a country based on tolerance and that’s what year 2019 was all about.

Tolerance enables the practice of the good manners and it’s unique model of human bonding and religious tolerance is exactly what Quran and Sunnah urge us for in our religion. Our religion is based on forgiveness and tolerance and to pardon people when we can therefore Allah said in the holy Quran:” those who spend in prosperity and adversity and those who suppress anger and pardon men; Allah loves those who do good.” This verse of Quran gives clear message of tolerance and forgiveness between people. Also our prophet mentioned in hadith: “follow a bad deed with a good one and be kind to people” peace and blessings be upon our prophet. 

The Emirati legislator indeed was keen on giving the space for tolerance between the disputing parties therefore a penal reform was introduced under the Federal law decree N17 of 2018 for the federal articles 346 to 354 set forth for the penal reform and its consequences in respect to criminal proceedings.

The Penal Reconciliation is defined as: 

Agreement set between both the victim/or his attorney, the inheritors /their special attorney from one hand, and the defendant from the other hand, in order to end the penal dispute in an amicable way.

The article 347 of the decree in question contained offences in which reconciliation may be granted and that it doesn’t entail the termination of the criminal proceeding in the event of the case still under investigation is filed with the public prosecution, it could be saved, however if it appeared that the defendant is not innocent, therefore the case does not set a precedent that requires a rehabilitation or if the sentence is suspended and after the sentence has been imposed, the legislator has given the accused a wide range of room for the reconciliation and has invited them to it even after the sentence has been handed down.

Provisions related to the penal reform:     

- The reconciliation shall be issued by the victim or his/her attorney.

- The reconciliation can be established before the public prosecution’s office or the court depends on the case, or by an independent report and the original copy is attached to the case file.

- A reconciliation suspended on a condition or that is associated with a term is not accepted. The reconciliation shall be the result of the termination of the criminal proceeding.

- The reconciliation has no effect on the rights of the victim and this latest has the right to seek civil compensation unless they are waived or covered by the reconciliation.

- In case of class action victims “group of victims”, the effect of the reconciliation is achieved only if all victims give their approval.

- In case of multiple defendants are accused, reconciliation with one of them has an impact on the rest.

In conclusion, if the right of the victim is a duty of the perpetrator, forgiveness is the most ultimate achievement of the penal reconciliation as it restores goodness that will end up having positive impact on a person’s soul and future behavior.  

Senior Prosecutor /abdulla Elkaabi

Ministry of Justice