Procedural Treatment of Accused People of Determination in the UAE Legislation a Comparative Study
DOI:
https://doi.org/10.35246/5qpw4d17Keywords:
Procedural Treatment, The Accused is a Person of Determination, Special Criminal ProceduralAbstract
This study emphasizes the procedural aspect of criminal law as today's defendants are people of determination. This matter prompts us to make some amendments to the procedural laws if a person of determination commits a crime and appears before the court. As a result of this amendment, many services must be available to him during the criminal case without affecting the process, including health services that must be available during the criminal case.
There is a problematic aspect to this research; legislation of The United Arab Emirates does not provide special procedural treatment for people of determination.
Comparative legislation, such as American law, differs greatly leading the accused people to have many facilities during both investigation and trial.
To clarify this, in this research, we have dealt with the treatment of the accused people of determination in the stage of inference, preliminary investigation, and we have reviewed how to try the accused of people of determination.
We concluded that there is a legislative shortcoming in the issue of procedural treatment of the accused people of determination, and the need to issue special legislation stipulating the special procedural treatment of the accused people of determination at all stages of the criminal case.
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References
I. African Policing Civilian Oversight Forum (APCOF). (2017). Pre-trial detention for persons with disabilities for correctional institutions.
II. United Nations Secretary-General Special Envoy on Disability and Accessibility. (2021). For inclusive quality police services for persons with disabilities (10 Areas of Action). Santiago, Chile.
III. U.S. Department of Justice. (n.d.). Commonly asked questions about the Americans with Disabilities Act and law enforcement
IV. Veronica Rose, Chief Analyst- Police Procedures for Appending Mentally ill persons- 2010- see website cga.ct.gov at the link https://www.cga.ct.gov/2010/rpt/2010-R-0310.htm
V. Erickson, S. K., & Kimball, M. (2017). The cumulative probability of arrest by age 28 years in the United States by disability status, race/ethnicity, and gender. American Journal of Public Health, 107(12), https://ajph.aphapublications.org/doi/10.2105/AJPH.2017.304095
VI. California Penal Code, Part 2: Of Criminal Procedure, https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=6.&part=2.&chapter=2.8.&article
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