Problems Of Implementing Penal Provisions In The Law Of The United Arab Emirates - An Analytical Study

The study aims to clarify the nature of the problems of implementation in criminal judgments, and to indicate its types. Statement of the position of the UAE legislator and other legislation regarding the problems of implementing penal provisions; Clarification of the legal reasons for the emergence of problems of implementation in penal judgments; And a statement of the most important conditions that must be met in the case of problematic implementation and the competent authority to consider it. The problem of the studyis the legal or judicial obstacles that impede the implementation of criminal rulings. Which leads to the suspension of implementation procedures, which impedes the progress of execution cases in the courts, increases their number and overcrowding, and prolongs the period of litigation, which impedes access to the required criminal justice behind the implementation of these rulings. Thus affecting the course of the lawsuit and the penal litigation. The descriptive analytical method was applied as the method that aims to clarify everything related to this topic. In addition to the comparative approach to clarify the vision of some legislation in some laws such as the UAE and Egyptian law. Jurisprudential opinions and controversial topics were reviewed and commented on. In addition to reviewing judicial applications related to the subject of the study. The study indicated that the UAE legislator has stipulated directly and clearly the jurisdiction of the court that issued the ruling to consider the problem in its implementation, whether it was issued by the criminal or civil courts regarding penal rulings; The study showed that the UAE legislation and other comparative legislation did not show the procedures for raising implementation problems in detail, as it dealt with methods of appeal. Therefore, the general rules are referred to in cases where there is no text; The study also revealed that the effects of the ruling on the problem after adjudicating it is a right decision for one of the parties to the problem case