Doctrine of Competency to Stand Trial in the Criminal Law in the United Arab Emirates: An Analysis

Abstract

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.