Abu Dhabi: The Abu Dhabi Judicial Department organised a workshop entitled “Mediation and Settlement in light of the legislative developments introduced in Federal Decree-Law No. 38 of 2022 regarding the Issue of the Code of Criminal Procedures.”
The workshop discussed the unification of judicial trends in line with legislative developments in the application of the mediation system in criminal reconciliation and the regulation of its procedures, which entered into force on March 1, 2023.
The workshop reviewed the provisions of mediation in penal reconciliation that were introduced by the UAE legislator with the aim of conducting the reconciliation process in criminal cases and facilitating reaching an amicable settlement between the accused and the victim. This is done by involving a third party to try to narrow the differences and bridge the rift between them in order to avoid referring the dispute to court based on an agreement that satisfies both parties.
The speakers also dealt with mediation procedures in conciliation that fall within the discretionary power of the public prosecution.
The discussion also touched on the impact of the settlement agreement and the consequences thereof, including the termination of the criminal case or suspending the execution of the judgement issued thereon, as the case may be. The agreement is not subject to appeal after its approval by the Public Prosecution, and it is not permissible to withdraw from it by the accused or the victim, and the minutes of the approval of the reconciliation shall have the power of the writ of execution, while reconciliation has no effect on the civil rights of the victim or the person injured by the crime or on his right to resort to civil justice to claim final compensation for the injury incurred, unless he waives it or is covered by the reconciliation agreement.
Furthermore, the Decree-Law on Criminal Procedures has allowed the competent judicial authorities to issue decisions related to regulating the mediator’s work in criminal mediation, the conditions that he must fulfil, the criteria for his selection, his role, and his obligations, while defining the referral procedures for mediation and its sessions.