Article 84 of the UAE Penal Code outlines how a suspended imprisonment sentence in the UAE can be issued. It grants the court the right to rule on a crime with a non-proportional fine or a prison sentence not exceeding one year, and to issue a suspended sentence as part of its judgment.

Obtaining a suspended imprisonment sentence in the UAE

Article 84 stipulates that the court must consider the character of the convicted person, their past, their age, and the circumstances under which the crime was committed.

These factors help the court believe that the offender will not re-offend.

The court is also granted the right to make the suspension of sentence cover any ancillary punishment in addition to the primary one, with the exception of confiscation.

The law also allows the public prosecution to grant a suspension of the freedom-restricting sentence if the victim waives their right against the offender, or if the victim and the convicted person reach a reconciliation.

This applies to crimes of theft, fraud, breach of trust, and concealing stolen property, provided there is a marital relationship between the offender and the victim, or if one is an ascendant or descendant of the other.

The suspension period is three years, beginning on the day the judgment becomes final and irrevocable.

Article 86 also states regarding the suspension of sentence: “The suspension of the imprisonment sentence shall be revoked if the convicted person commits an intentional crime during the three-year period, or if the court issues a final judgment against them for a freedom-restricting punishment for a period exceeding two months.

It shall also be revoked if it is discovered during this period that the convicted person had a prior freedom-restricting sentence against them before the suspension was ordered, and the court was not aware of it at the time.”

If you need legal advice concerning a suspended sentence in the UAE, you can contact us at Samaha Law Firm.

Conditions for a Suspended Prison Sentence in the UAE

The conditions for a suspended imprisonment sentence in the UAE have several types based on the type of punishment, the behavior of the convicted person, and the court’s role, among other conditions stipulated in Articles 84 and 86 of the UAE Penal Code.

The details of these conditions are as follows:

Type of Punishment: A suspended sentence may be issued if the punishment is either a non-proportional fine or imprisonment for a period not exceeding one year.

Court Conditions: For a sentence to be suspended, the court must ensure several key points:

• The past record of the convicted person.
• The character of the convicted person.
• The age of the convicted person.
• The circumstances surrounding the commission of the crime.
• The court must believe that the person will not commit crimes again.

Public Prosecution: The Public Prosecution has the right to suspend a sentence in certain cases, most notably:

• The victim and the convicted person reach a reconciliation.
• The victim waives their right against the offender.

This applies to several crimes, such as:

• Theft
• Fraud
• Breach of trust
• Concealing stolen property

It must be noted that the suspension can include ancillary penalties, with the exception of confiscation. The duration of the suspension is three years, starting from the date a final and irrevocable judgment is issued.

The judgment can be revoked in several cases, most notably:

• The convicted person commits an intentional crime during the three-year period.
• They are sentenced to a freedom-restricting punishment for a period of more than two months.
• It is discovered that there was a previous judgment against the convicted person that the court was unaware of when it issued the suspension.

What is Meant by a Suspended Sentence in the UAE?

A suspended sentence in the UAE is a judgment issued by the court that convicts and punishes the offender with imprisonment, but grants the possibility of not executing the punishment for a temporary period under specific conditions.

If these conditions are met and the period ends, the judgment is considered as if it never existed. The court takes into account the period of imprisonment, the circumstances of the crime, and the character, past, and age of the convicted person.

In our article, we have provided you with information about a suspended imprisonment sentence in the UAE. We hope we have clarified when such a sentence is issued and the period that the convicted person must adhere to.

If you need further legal advice regarding a suspended sentence in the UAE, you can contact us at Samaha Law Firm via phone or WhatsApp.