Electronic Monitoring in UAE Legislation

Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants.

The United Arab Emirates enjoys a life filled with security and safety, where everyone living on its land experiences happiness and prosperity in an atmosphere of scientific and technological advancement. This progress has become a distinctive characteristic of this remarkable country in all fields. Among the areas that have benefited from advanced scientific technologies is the field of crime prevention, combating criminals, monitoring them, and replacing some penalties that require the accused to be placed in correctional institutions with electronic monitoring.

Article (383) of the Federal Criminal Procedure Law defines electronic monitoring as follows:
“Placing an accused or convicted person under electronic monitoring means preventing him from being absent from his residence or any other place designated by the order issued by the Public Prosecution or the competent court, except during specified time periods. This is carried out through electronic means that allow remote monitoring and require the person subject to monitoring to carry an integrated electronic transmission device throughout the monitoring period.”

Article (386) of the same law clarifies that:
“Police officers, non-commissioned officers, and police personnel at the relevant police centers and units are responsible for monitoring the extent of the monitored person’s compliance with the content and scope of the judicial order or ruling issued for electronic monitoring. They are permitted, during the specified periods stated in the decision or judgment, to visit the designated location to ensure that the monitored person is complying with his obligations, is present at the location, and to check his living conditions and the safety of the electronic monitoring devices. Reports of these visits are submitted to the competent Public Prosecution.”

It is also worth noting that the UAE legislator has ensured that the imposition of electronic monitoring does not harm the health of the accused. Article (387) of the Criminal Procedure Law stipulates:
“The competent Public Prosecution may, at any time and upon the request of the person under electronic monitoring, assign a licensed and specialized physician to verify that the electronic means used to enforce the monitoring have not caused any harm to the person’s health or physical well-being and to prepare a medical report accordingly.”

It is important to mention that not all crimes are eligible for electronic monitoring. According to Article (391), the following crimes are excluded:
“… crimes punishable by death or life imprisonment, crimes affecting the internal or external security of the state, and crimes for which the law mandates deportation from the country as a penalty.”

Finally, placing the accused under electronic monitoring ensures a balance between the interest of society—which has the right to live in peace, secure in their lives, property, and dignity from any violations by offenders—and the interest of the accused, who may benefit from avoiding contact with professional criminals and their methods in correctional institutions, especially if the crime committed is a simple misdemeanor.