Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Introduction:
The UAE has enacted Federal Decree-Law No. 38/2023, amending Federal Law No. 39/2006 on Mutual Judicial Cooperation in Criminal Matters.These amendments aim to enhance the efficiency and fairness of international judicial cooperation while upholding safeguards for sovereignty and individual rights.
Implementing Procedures According to UAE Laws: Amendments to Article 5 emphasize that in the absence of specific provisions within the law, international judicial cooperation procedures in criminal matters must adhere to UAE laws.
Requesting Surrender for Multiple Crimes: Amendments to Article 8 now allow for the approval of surrender requests involving multiple crimes punishable under both the requesting and requested states’ laws. This flexibility is contingent upon meeting all stipulated conditions of the law.
Submission of Surrender Requests and Attachments: Article 11 has been amended to specify formal requirements for submitting surrender requests via diplomatic channels to the UAE’s Central Authority. This includes providing detailed information and ensuring all essential documents are certified translations, thereby reinforcing procedural integrity and clarity.
Reviewing Surrender Requests: Amendments to Article 12 authorize the Central Authority to conduct thorough reviews of surrender requests. This includes seeking necessary clarifications from the requesting state and dismissing inadequate requests that fail to meet specified requirements.
Detention and Arrest of the Requested Person: Articles 15 and 16 have been amended to streamline procedures regarding the detention and arrest of requested persons. Article 15 allows for the detention of individuals for up to 60 days upon receipt of a warrant from a foreign judicial authority, with provisions for release under specified guarantees or re-arrest if necessary. Article 16 authorizes immediate arrest upon receipt of surrender requests to prevent escape, alongside provisions for conditional release, thereby balancing individual rights.
Release and Appeal of Surrender Decision: Amendments to Articles 21 and 22 outline procedures for the release and appeal of surrender decisions. Article 21 stipulates that a decision declaring surrender is impossible, resulting in the release of the requested person, with avenues for appeal by the Public Prosecution to uphold procedural integrity and legal oversight.
Procedures and Arrest in Extradition Cases: Articles 33 and 34 have been amended to detail procedural requirements and conditions for extradition requests. Article 33 specifies comprehensive requirements for extradition requests, including detailed descriptions, legal characterizations of crimes, and certified translations of supporting documents sent through diplomatic channels. Article 34 allows for the temporary detention of the extradited in urgent cases pending completion of extradition documentation, ensuring prompt and efficient judicial cooperation.
Strengthened Grounds for Rejecting Judicial Assistance Requests: Amended Article 53 specifies comprehensive criteria under which judicial assistance requests may be rejected, such as acts not constituting crimes under UAE law, threats to UAE sovereignty, political crimes, discrimination intents, ongoing investigations, terminated proceedings, or measures inconsistent with UAE laws.
Revenue-Sharing and Judicial Assistance Procedures: Amended Article 58 introduces structured procedures for sharing proceeds of crimes with foreign judicial authorities. A dedicated committee may review and approve revenue-sharing requests, enhancing transparency and cooperation.
Enhanced Procedures for Judicial Assistance Requests: Amended Article 59 enhances procedures for UAE authorities requesting judicial assistance, requiring requests to be routed through the Central Authority and diplomatic channels to ensure thorough review and compliance with formal requirements.
Notification of Enforcing State and Medical Releases: Amended Article 71 mandates the UAE Public Prosecution to inform the enforcing state of amnesties, decisions affecting penalty enforcement, and ensuring transparency. Article 76 mandates the Public Prosecution to notify convicting states via the Central Authority of medical releases, ensuring effective communication for cooperation.
Conclusion: These amendments significantly enhance the framework for mutual judicial cooperation in the UAE, balancing international collaboration with robust safeguards for sovereignty and individual rights. By clarifying procedures, conditions, and safeguards, the UAE demonstrates its commitment to effective and fair international judicial processes.