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Cabinet Resolution on the Implementation of Electronic Probation

The last update on this law was listed on 04 Aug 2019

Related legislations

Issued Date

04 Aug 2019

Effective Date

04 Aug 2019

Official Gazette Date

15 Aug 2019

Official Gazette No

660

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

The Cabinet:
- Having reviewed Federal Law (1) of 1972 concerning the Competencies of Ministries and Powers of Ministers, as amended;
- Federal Law No. (7) of 1973 concerning devices and wireless communications,
- Federal Law No. (9) of 1976 concerning delinquent Juveniles and the homeless,
- Federal Law No. (12) of 1976 concerning Police and Security Forces, as amended;
- Federal Law No. (3) of 1987 concerning the Promulgation of Penal Code, as amended;
- Federal Law No. (35) of 1992 concerning the Promulgation of Penal Procedure Code, as amended;
- Federal Law No. (43) of 1992 concerning the Regulation of Penal Institutions;
- Federal Law No. (28) of 2001 Concerning Setting up of Emirates Specifications and Standards Authority, as amended;
- Based on matters presented by the Minister of Interior, and the approval of the Cabinet,
Resolves as follows:

Article (1) Definitions

In application of the provisions of this Resolution, the following words and phrases shall have the meanings assigned to them, unless the context indicates otherwise:
Ministry: Ministry of Interior

Minister: Minister of Interior

Command: All general command of the police at the federal or local level.

Electronic Probation: Deprive the accused or convicted person from absent at any time other than his time specified from his place of residence or any other place designated by the order issued by the Public Prosecution or the competent court as the case may be required.

Electronic Probation Domain : The geographical region or time frames specified by the order issued by the Public Prosecution or the competent court, as the case may be, in respect for which the person under probation may not violate.

Person under probation : Any accused or convicted person shall be subject to electronic monitoring by order of the Public Prosecution or the competent court.

Officers responsible for monitoring works : Police Officers, warrant officers, and members of the police stations and units concerned with the commands or the Ministry and other public officials who are appointed by the Minister of Justice and who are concerned with monitoring the monitored person.

Article (2) Scope of Application

The provisions of this resolution shall be applied to those subjects to electronic probation in the following cases:
1. Ordering placement under temporary electronic probation instead of remand.
2. Ordering placement under electronic probation in lieu of Penalty Restricting Freedom
3. Being released after passing the half of the penalty period, while ordering placement electronic probation.

Article (3) Means of the Electronic Probation Implementation

Electronic probation shall be carried out by any of the following means:
1. Continuous home reservation signaling devices.
2. Global Positioning System (GPS).
The Cabinet may approve any other electronic means proposed by the Minister to achieve the objectives of electronic probation.

Article (4) Electronic Probation Database

The Ministry shall establish and supervise a unified database at the State level, concerning all data and information related to electronic probation at the federal and local levels.

Article (5) Specification of Electronic Devices

Electronic devices to be approved in the electronic probation control shall meet the following specifications:
1. Electronic devices shall not cause health damage to the person under probation.
2. Electronic devices and associated transmitters shall be approved by the Emirates Authority for Standardization and Metrology.
3. Electronic devices shall not hinder the person subject to probation to practice his work or professional activity, observe his education, vocational training or receive medical treatment, as the case may be, unless otherwise provided by a decision issued by the Public Prosecution or the competent court.
4. Ensuring privacy and confidentiality of private life.
5. Ensuring confidential data and information in the electronic probation devices.
 

Article (6) Controls of the Electronic Probation Implementation

The Ministry of Justice shall, after consultation with the local judicial authorities, unify the rules for issuing orders and provisions for ordering placement under electronic probation, in particular as follows:
1. Restrictions and scope of electronic probation, obligations of the person under probation, its order forms, and controls on the inclusion of the persons under probation in the records of departure prevention during the execution of the penalty.
2. Risk assessment criteria and form for the person to be subjected to electronic probation.
 

Article (7) Plans of the Electronic Probation Implementation

The Ministry of Justice shall, after coordination with the Ministry and the local judicial authorities, develop plans specifying the target groups and the time plan necessary for the implementation of electronic probation, without prejudice to the capacity of the persons under electronic probation before issuing the relevant orders and the procedures for the completion of the electronic probation.

Article (8) Mechanisms of the Electronic Probation Implementation

Providing an electronic linkage between the Ministry, the command, the Public Prosecution and the competent courts to ensure the quick arrival of the decisions and provisions related to electronic probation and follow-up of their implementation.

Article (9) Tasks of Officers Responsible for Probation

Officers responsible for probation undertake to carry out the following tasks:
1. Executing, registering or cancelling orders issued by the Public Prosecution or the competent court with respect to electronic probation or amending its scope or restrictions in accordance with the controls issued therefrom.
2. Providing all means and devices necessary for the implementation of electronic probation and ensuring their availability.
3. Determining the electronic probation means and applying them to the person under probation in accordance with the order issued by the Public Prosecution or the competent court as the case may be.
4. Conducting unannounced field visits to ensure that the person under probation complies with the restrictions imposed on him.
5. Coordinating with the competent public prosecution regarding the implementation procedures of electronic probation, and providing it with periodic reports, including a statement of good conduct and compliance with the rules of electronic probation.
6. Preparing social and psychological reports on the person under probation in order to identify any problems and solve them for the purpose of reform and community integration.
7. Involving the person under probation in systematic training, educational and practical courses to enhance the electronic probation.
8. Strengthening community partnerships with relevant stakeholders in order to achieve electronic probation objectives.
9. Verifying the family, living and social status of the person under probation through a preliminary investigation to be carried out by the officers responsible for probation to ensure that the subject matter conforms to the personal and social status of each person under probation.
 

Article (10) Obligations of Person under the Electronic Probation

Person under the electronic probation shall comply with:
1. Bear the electronic probation device throughout the period of ordering placement under probation.
2. Notify the competent public prosecution of any change in his job or place of residence. Notification shall be through the Ministry or the command.
3. Notify the competent public prosecution if he wishes to move from his designated place of residence for a period exceeding fifteen days inside the State, and the reason therefor, and he shall also notify it upon his return. Notification shall be through the Ministry or the command.
4. Not violate the scope of probation or any restrictions imposed by the Public Prosecution or the competent court as the case may be.
5. Subject to follow-up and visit by the officers responsible for electronic probation works.
6. Maintain the electronic probation device and avoid the misuse, damage or interruption.
7. Not leave the country without the approval of the Public Prosecution or the competent court. In case of approval, he shall also notify Public Prosecution upon his return.
8. Any instructions issued to him by the officers responsible for electronic probation.

Article (11) Violation of Electronic Probation

The Ministry and commands shall refer the person under electronic probation to the Public Prosecution when he violates the rules and regulations of electronic probation to take legal actions against him.

Article (12) Committee of Electronic Probation

The Minister shall form an electronic probation committee consisting of the relevant federal and local authorities to achieve the objectives of electronic probation, and to reform and accused and convicted persons under electronic probation and re-integrate them into the society.

Article (13) Partnership with Private Sector

The Ministry, in coordination with the Ministry of Finance, may take the necessary measures to assign the implementation of electronic probation to one or more legal persons who have the ability to carry out electronic probation in accordance with the conditions approved by the Ministry and the applicable financial rules in this regard. In all cases, the proposal of assignment and its conditions shall be submitted to the Cabinet for approval.

Article (14)

The legal person assigned to the implementation of electronic probation shall comply with the following controls:
1. Directly coordinate with the Ministry and commands in the implementation of electronic probation.
2. Ensure confidentiality of information and privacy of persons under the electronic probation.
3. Not violate the specifications and provisions specified in this resolution and the executive resolutions issued by the Ministry.
4. All obligations and provisions set out in the contract to be concluded thereto.

Article (15) Publication and Enforcement

This Resolution shall come into force as of its date of issuance and shall be published in the Official Gazette.

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