Legal Rehabilitation (رد الاعتبار القانوني) under UAE Law occurs when a person’s violations have legal consequences related to their criminal record, deprivation of certain rights, and loss of eligibility to perform certain legal procedures. Removing these consequences and naturally reintegrating into society is an essential and necessary need that various individuals can achieve through Legal Rehabilitation under UAE Law. For legal consultation on applying for legal rehabilitation, you may contact a top specialized lawyer in the UAE, such as Samaha Law Firm.
Legal Rehabilitation under UAE Law
Legal rehabilitation under UAE Law is granted if an accused person in a minor offense has received a conviction judgment, provided that the Public Prosecution issues a decision to that effect after a pardon is granted to the convicted person, or after the execution of the imposed sentence is completed. This is pursuant to Article 4 of Federal Law No. 5 of 2022 concerning Legal Rehabilitation under UAE Law.
Furthermore, legal rehabilitation under UAE Law is granted if the convicted person is considered a recidivist by the judgment, or if their sentence has lapsed due to the passage of time, after the expiration of six months calculated from the completion of the sentence, its remission, or its lapse due to prescription.
Conditions for Legal Rehabilitation under UAE Law
Legal rehabilitation under UAE Law requires the fulfillment of a set of conditions, which can be summarized as follows:
- The application for legal rehabilitation under UAE Law must be submitted after the convicted person has settled all their financial obligations to the state and to individuals, except in cases where these obligations have lapsed or where the applicant can prove their inability to fulfill them.
- If the convicted person has received multiple judgments, the application for legal rehabilitation under UAE Law must treat each judgment separately in terms of procedures and compliance with the legal period.
- To submit an application for legal rehabilitation under UAE Law, the applicant must be a resident in the UAE at the time of application.
- In cases where the convicted person was held jointly liable for a debt by the judgment, it is sufficient for them to personally pay the amount assigned to them without being bound by others, as the share they must pay is determined by the court.
Procedures for Submitting a Legal Rehabilitation Application under UAE Law
If an individual wishes to apply for legal rehabilitation under UAE Law for a misdemeanor, they must follow the legal steps determined by Article 8 of Federal Law No. 5 of 2022 regarding Legal Rehabilitation under UAE Law, which are as follows:
The application for legal rehabilitation under UAE Law is submitted to the Public Prosecution office in the area where the applicant resides. This application must include the following information:
- The applicant’s personal details that identify their identity.
- A record of the places where the applicant has resided since the judgment was issued or since their release.
- A copy of the judicial judgment issued against the applicant, in addition to another document proving the execution of the sentence, a pardon, or its lapse due to prescription.
- The Public Prosecution undertakes the task of contacting the UAE Ministry of Interior to obtain the following data:
- A report detailing the applicant’s criminal status since the judgment was issued or since their release.
- A report on the applicant’s behavior during the period of sentence execution.
- A report on the applicant’s behavior and circumstances in the places where they resided after the sentence was executed.
The Public Prosecution is responsible for verifying the application for legal rehabilitation under UAE Law and investigating all necessary information related to the applicant and their conduct. If there is nothing contrary to the law and the investigations confirm the applicant’s eligibility for acceptance, the Public Prosecution issues a decision granting Legal Rehabilitation under UAE Law.
Application for Legal Rehabilitation under UAE Law Submitted
The application is submitted to the Public Prosecution office in the area where the applicant resides after including the necessary information about the applicant’s identity and their places of residence after release or judgment. The Public Prosecution then follows up on the necessary procedures. Samaha Law Firm can assist you in finalizing the procedures for submitting a legal rehabilitation application under UAE Law.
How Long Does Legal Rehabilitation under UAE Law Take?
The application for legal rehabilitation under UAE Law cannot be submitted before the expiration of a six-month period, which is calculated from the completion of the sentence, its remission, or its lapse due to prescription. By contacting a specialized lawyer like Samaha Law Firm, you can find out all the legal details you may need regarding the timing of the application for legal rehabilitation under UAE Law.
In conclusion of our discussion on the application for legal rehabilitation under UAE Law, we have covered the conditions for accepting the application and the correct legal procedures for submission. We also emphasize the importance of contacting a specialized lawyer like Samaha Law Firm to obtain all the necessary legal details and required documents for applying for legal rehabilitation under UAE Law. Contact Us.
