Objection to the penal order in the UAE legislation according to the Federal Decree-Law No. (17) of 2018: (A Comparative Study)

Abstract

Pursuant to Article (339) of the UAE Federal Law No. 17 of 2018, the accused has the right to lodge an objection to the criminal decree within seven days starting from the day of its issuance or notification. This right also exists if the decree is amended without allowing the accused to partially object to it or without the preliminary criminal investigating reports being disclosed to him, or when the objection is being withdrawn after the accused is summoned to appear before the court. It is the law that the accused should lodge his objection before the public prosecution and not before the court, with the former has no authority to extend the period of objection in exceptional circumstances. The prosecution cannot also review the decree or amend it or even issuing new criminal decree after the objection is being lodged by the accused. The prosecution, in this situation, is obliged to remit the case to the competent criminal court for trial. And if the accused does not appear before the court, the court shall proceed in his absence under the UAE Federal law contrary to some other jurisdictions. That is, according to some other laws, if the accused does not appear before the court, then the decree become final and can be carried out.