The major federal laws that govern justice for delinquents and juveniles are the Law of Evidence 1992, the Penal Code 1987, the Criminal Procedure Code 1987, and the Juvenile Delinquents and Vagrants Act 1976, also known as Federal Law 9 of 1976. The law protects a minor from getting temporary detain, imprisoned, or handcuffed during the primary investigation.
The UAE Penal Code 1987 provides several provisions for the death penalty for various crimes. The list includes Articles 332, 154, 149, and 67 of the Penal Code. But it states that an individual aged 7 to 17 must be governed by the Juvenile Delinquents and Vagrants Act. As per article 7 of the act the minimum age of criminal culpability under criminal law is seven.
Juvenile Delinquents Vagrants Act
The UAE Act discussed above defines juvenile briefly that our law firm helps you to understand. It states the laws written for the juveniles based on their age. As per Article 1 of Shari’s law, an individual under 18 during the time of the offense is liable for Islamic punishments as they reach puberty.
Article 9 renders protection for youngsters and claims they cannot be imprisoned or undergo capital punishment. However, in Article 10 there is a solution to the previous provision. It allows us to help a juvenile condemned to capital punishment, imprisonment, or criminal sanction, get a commuted by rehabilitation or detention. We make sure that the period of the punishment does not exceed ten years. Even if a juvenile gets sanctioned by detention after, keeping Article 10(2) in mind we ensure the period must not cross half the maximum limit suggested.
Measures to follow
Our expert lawyers also emphasize the measures mentioned under Article 15 of the Juvenile Delinquents and Vagrants Act. We use them in accordance to handle the case more sensibly and with special care of the juvenile. These measures involve:
- Article 16 defines reproach of the juvenile, like teaching discipline, scolding, and urging them to act in good conduct. It helps to avoid all those legal complications so that the child gets to come out of the case safe.
- Article 17 suggests handing the accused over to the parents or tutor. In case, none of the accused guardians are capable to educate him or her, we appeal to hand over the kid to a family member. We also make sure that the family member qualifies to take responsibility for the juvenile and provide all the necessities.
- We insist on emplacing the youngster under judicial supervision.
- Article 18 mentions the lawsuit is said to be successful if a juvenile fortuitously passes the duration under judicial supervision. In case, he or she fails to do so, that person must be put on trial as per the law. Hence, we take special care that the child passes the test without any trouble.
- The court can prohibit the individual from visiting particular places or performing specific work if those influence vagrancy and delinquency.
- We insist on involving the delinquent in professional training to lessen the punishment period.
- There is confinement in a reformation institute, reformation, or a treatment asylum. This helps us and the court to notice or keep track if the juvenile suffers from any mental disorder.
- Appeal Number 209 of Judicial Year 18 of 1997 is a case, which concerns the rehabilitation of a youngster in a mental institution. The court claims that release is conditional and depends on the reports deposited by these institutions as per the provisions set in Article 34.
Procedures
The legislation renders specific procedures for youngsters that our UAE Law Firm gives special preference to.
Special Care Houses: Article 28 mentions that when precautionary measures need to be taken, the provisional detention remains under the court. Hence, we order the internment in one of the education houses. These are the houses that need to take care of the juvenile for one week till the court approves the extension.
Special Care of the Privacy: In accordance to provide shelter to the juvenile from the public, we follow the Article 29 trial. We make sure the judgment is done in closed chambers. Nobody can attend the juvenile trials apart from the individual’s tutors, lawyers, witnesses, and/or a Ministry of Social Affairs representative.
Prioritizing Mental Health of the Accused: Keeping the overwhelming state of the juvenile in mind we urge the court to exempt the accused from taking part in the trial in person. However, the exception is only applicable where the witnesses’ statements deem to be the juvenile’s interest without his or her presence. The case of Appeal Number 115 of Judicial Year 15 of 1993 assisted this ruling.
Handing Over the Custody: The provision in Article 32 recommends that all judgments against a juvenile must appeal in favor of rebuke, deportation, or delivering the accused to his or her legal guardian. A case of impermissible stabbing upheld this provision in the retribution of the case Appeal Number 853 of 2018 Penal Code of 2019. Thus, our professional lawyers make sure to apply this law in the maximum possible ways and hand over the kid to a safer place.
Strict Questioning against the Violation of Law: The judgment mentioned in Article 32 gets legalized in context to Article 32(1). Putting special preference on that we confirm that no appeals are made demanding the removal of the accused from the nation.
As an overview of the punishments against youngsters, an accused under the age of 7 is not allowed to present in the criminal proceedings. However, they must get subjected in front of the court’s authority. Hence, we take special care that the juvenile is well-prepared and stays safe from any sort of negative interrogations.
Article 10 of the Act suggests a juvenile is to undergo a maximum of 10 years of detention while an adult is subject to the death penalty or imprisonment for similar cases. Along with that our lawyers also insist that the retention period should not exceed half the adult period for a particular crime. The Juvenile Delinquents and Vagrants Act 1976 implied certain provisions targeting the juveniles in accordance to educate and provide social care to them. And being under the responsibility of a juvenile’s future we make sure the purpose gets fulfilled.