Doctrine of Competency to Stand Trial in the Criminal Law in the United Arab Emirates: An Analysis
DOI:
https://doi.org/10.47205/jdss.2024(5-IV)14Keywords:
Competency, Crime, Law, Mental, UAEAbstract
The purpose of this research is to study the doctrine of the competency to stand trial in criminal law in the United Arab Emirates. A person who is mentally incompetent to stand trial cannot be proceeded against. The doctrinal legal analysis method was employed to study the law on competency to proceed in the United Arab Emirates. Section 5 of the Federal Law No. 38 (2022) on criminal procedure is the statutory provision which deals with the competency to stand trial in the United Arab Emirates. A defendant who is incompetent to stand trial cannot be proceeded against in the criminal charges in the United Arab Emirates; rather, he will be admitted to the mental health facility based on the mental health evaluation, and the trial shall be postponed till the revival of the mental health of the accused. Specialized forensic mental health training for mental health professionals in the UAE is recommended.
Downloads
Published
Details
-
Abstract Views: 17
PDF Downloads: 26
How to Cite
Issue
Section
License
Copyright (c) 2024 Journal of Development and Social Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
ORIENTS SOCIAL RESEARCH CONSULTANCY (OSRC) & Journal of Development and Social Sciences (JDSS) adheres to Creative Commons Attribution-Non Commercial 4.0 International License. The authors submitting and publishing in JDSS agree to the copyright policy under creative common license 4.0 (Attribution-Non Commercial 4.0 International license). Under this license, the authors published in JDSS retain the copyright including publishing rights of their scholarly work and agree to let others remix, tweak, and build upon their work non-commercially. All other authors using the content of JDSS are required to cite author(s) and publisher in their work. Therefore, ORIENTS SOCIAL RESEARCH CONSULTANCY (OSRC) & Journal of Development and Social Sciences (JDSS) follow an Open Access Policy for copyright and licensing.