Abu Dhabi Justice Department handles mediation and settlement in criminal settlements

The procedure goes into effect on March 1, 2023.

The organization of the seminar comes amid the sector’s efforts to consolidate judicial principles and speedy delivery of justice to realize the vision of H.H. Sheikh Mansour bin Zayed Al Nahyan, Vice President, Deputy Prime Minister, Minister of Presidential Courts and Sheikh of Abu Dhabi The Dhabi Ministry of Justice, conducted within the framework, establishes a pioneering judicial system that keeps abreast of all developments and changes, in line with government directives aimed at enhancing competitiveness and global leadership.

The workshop examined mediation provisions in criminal settlements.

These provisions were introduced through legislation to conduct settlement proceedings in criminal cases – and to facilitate an amicable settlement between the accused and the victim, by involving a third party in an attempt to narrow their differences and close the rift between them in order to avoid Take the dispute to court on the basis of a mutually satisfactory agreement.

The speaker also discussed the mediation process in mediation that falls within the discretion of the Public Prosecution Authority. This concerns offenses lapsed by mediation or waiver and committed before the case was referred to criminal court.

Mediation takes place between the defendant and the victim with the aim of achieving a settlement between them through the mediator under the supervision of the Public Prosecution – if, depending on the conditions and circumstances of the case, the settlement guarantees redress for the harm suffered by the victim or End the aftermath of crime.

Discussions also touched on the impact of the settlement and its consequences — including terminating the criminal case or suspending the execution of the sentence against it, as the case may be.

Once approved by the Public Prosecution, the agreement is not subject to appeal.

Furthermore, no defendant or victim is permitted to withdraw from an approved agreement.

The record of agreeing to the reconciliation has the effect of an execution order, and the reconciliation does not affect the civil rights of the victim or the criminal, nor does it affect their right to resort to civil litigation to request final judgment.Compensation for injuries suffered – unless he waives it or is covered in a settlement agreement

It is worth noting that the Criminal Procedure Law allows the competent judicial authority to issue decisions on regulating the work of mediators in criminal mediation, the conditions that mediators must meet, selection criteria, roles and obligations, while defining mediation and the transfer of its meetings. mediator.