New decree-law balances justice, prevention and care through amendments to retribution and suicide-related offences
Abu Dhabi: The UAE Government has issued a Federal Decree-Law amending certain provisions of the Crimes and Penalties Law as part of ongoing efforts to develop criminal policy and enhance the efficiency of the legislative system while balancing justice requirements, societal protection and humanitarian considerations.
The amendments reorganise a number of provisions related to qisas (retribution) and offences involving incitement or assistance to suicide.
Under the amendments, Clause (3) of Article 384 has been revised to stipulate imprisonment for a period of not less than 15 years and not more than 20 years if the victim’s heirs waive their right to qisas at any stage of the proceedings or before the sentence is carried out.
According to the decree-law, the amendment balances the right of the victim’s heirs to waive qisas with the requirements of public rights and the protection of society from extremely serious crimes, while supporting security and social stability.
The amendments also decriminalise attempted suicide, meaning that an attempt to take one’s own life is no longer punishable by law.
The decree-law states that the change is intended to address such cases from a preventive, therapeutic and humanitarian perspective, reduce fears of legal accountability and encourage individuals facing psychological crises to seek help.
It also aims to support early intervention, provide necessary care and assistance, strengthen suicide prevention efforts and improve the monitoring of cases and related data to support preventive and therapeutic programmes.
The legislation introduces graduated penalties for anyone who incites another person to commit suicide or assists them in doing so.
Where incitement or assistance results in an attempted suicide that does not lead to death, the penalty is detention and a fine, or either of the two.
If the attempt results in permanent disability, illness, or an inability to carry out personal tasks for more than 20 days, the penalty is temporary imprisonment of not less than three years and not more than five years, in addition to a fine.
If the incitement or assistance leads to the victim’s death, the penalty is temporary imprisonment of not less than five years and not more than seven years.
The decree-law regards incitement or assistance to suicide as an aggravating circumstance where the victim is under the age of 18 or lacks will or perception.
In such cases, the person responsible for incitement or assistance will face the penalties prescribed for intentional murder or attempted intentional murder, as applicable.
The legislation also provides for the deportation of any foreign national convicted under provisions relating to incitement or assistance to suicide.
The decree-law allows courts to exempt an offender from punishment if, of their own accord and before the suicide is completed, they take action that successfully prevents the death.
However, the exemption does not apply if the attempt results in permanent disability, illness, or an inability to carry out personal tasks for more than 20 days.
According to the decree-law, the amendments reflect the UAE’s ongoing approach to modernising legislation and developing the justice system in response to societal changes, while strengthening prevention, protection and care and maintaining a balance between legal deterrence, human dignity and public safety.
Source: Emirates 24|7