Penal Reconciliation in UAE Law

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

Certain circumstances may lead a person to commit minor offenses, after which they may seek to erase the consequences of their actions, make amends, and reach a settlement with the victim. For this reason, the UAE legislator has ensured that the door to penal reconciliation remains open for individuals who have stumbled and committed a contravention or a misdemeanor that the law allows reconciliation for.

The legislator addressed this in Article 348 of the Federal Criminal Procedure Law, stating:

“The Public Prosecution or the competent court, as the case may be, may initiate procedures for penal reconciliation based on an agreement between the victim, their legal representative, heirs, or their authorized representative, and the accused, to amicably resolve the criminal dispute in accordance with the provisions of this chapter.”

Article 349 of the same law outlines the types of offenses for which penal reconciliation is permissible:

1. Misdemeanors and contraventions stipulated in Articles 382 (first paragraph), 390, 394, 403, 404, 425, 426, 427, 431, 432 (first paragraph), 433, 447, 453, 454, 455, 464 (first paragraph), 465 (first paragraph), 467, 468, 473, 474 of the Penal Code.
2. Other misdemeanors and contraventions for which the law provides that criminal proceedings may be terminated by reconciliation or waiver.

Article 350 of the Criminal Procedure Law explains how penal reconciliation is to be documented:

1. The victim, their representative, or their heirs (or their authorized representative) may document the reconciliation with the accused before the Public Prosecution or the competent court, as appropriate.

2. The accused, their representative, or their heirs (or their authorized representative) may also document the reconciliation via a notarized document signed by the victim or their heirs (or their authorized representative), and certified by the competent notary public.

3. If the victim or their representative (or heirs) accepts the reconciliation, a formal reconciliation report shall be prepared, reflecting the content of the agreement between the parties. This report must be signed by all parties and approved by the Public Prosecution.

4. A request to document reconciliation shall not be accepted if it is conditional or linked to a future event.

5. Reconciliation may occur at any stage of the proceedings—even after a final judgment or decision has been issued.

It is important to note that the legal effect of conducting penal reconciliation is the termination of the criminal proceedings. Penal reconciliation thus achieves a balance between the rights of the victim and the accused, who seeks a settlement that erases the traces of the crime committed.

Therefore, we should reflect on the Quranic verse:
“And reconciliation is best” (Surah An-Nisa, 4:128) — and act in accordance with its spirit.