A Comprehensive Guide to Rehabilitation in UAE Law and Its Types for Expunging Criminal Records
The merchant’s reputation is his primary and most important capital, as it earns him the trust and respect of those he deals with. Criminal and commercial cases, especially bankruptcy cases, are among the most significant crises that affect merchants’ reputations in the world of finance and business. So, when a company faces financial difficulties and declares bankruptcy, and then the legal procedures and enforcement of judgments are completed, the individual faces restrictions that limit their freedom in managing their finances and exercising their civil and political rights.
From here, the importance of the law of rehabilitation in the UAE arises, as it is the legal way that gives the convicted person a new opportunity to regain their status, work, community trust, and the return of business partners to deal with them again.
In the following lines, experts from FHS Solutions for Law and Legal Consulting will introduce you to the laws of rehabilitation in the UAE, the types of rehabilitation, and the conditions for accepting a rehabilitation petition.
What Is the Concept of the Law of Rehabilitation?
When the court issues a judgment against you, this judgment is recorded in your criminal record. The law of rehabilitation was enacted to erase the future legal effects resulting from the conviction, ensuring the expungement of previous offenses from the convict’s criminal record and restoring their legal status to what it was before the judgment was issued. This procedure in UAE legislation is divided into two main types: legal rehabilitation in the UAE and judicial rehabilitation in the UAE.
Legal Rehabilitation in the UAE
Article One of Federal Law No. (36) of 1992, which pertains to rehabilitation. The law states that any person convicted of a felony or misdemeanor that is dishonorable and dishonest has the right to have their honor restored by law (automatically) without the need to submit a request, once certain time periods have elapsed, distributed as follows:
In felonies: Five full years must pass after the complete execution of the sentence, or a pardon is issued, or it is extinguished by the passage of time.
In misdemeanors: Three years must have passed since the execution of the punishment or its pardon.
Secondly: Judicial Rehabilitation in the UAE
So, the difference between legal rehabilitation and judicial rehabilitation lies in the fact that the first type is deserved without the need to file a lawsuit, after a certain period has elapsed since the judgment. However, in judicial rehabilitation in the UAE, the convicted person must submit an official request to the court.
The legislator has specified the possibility of claiming it according to the following periods: Two years have passed after the execution of the felony sentence or its expiration.
One year has passed after the execution of the misdemeanor sentence.
Conditions for the Court’s Acceptance of the Request for Judicial Rehabilitation
Article 12 of the law stipulates that the court’s acceptance of the request is conditional upon the following:
Meeting the aforementioned deadlines.
The court’s assurance and certainty of the prisoner’s good behavior and improved conduct since the issuance of the sentence.
What Is the Importance of the Law of Rehabilitation for the Convicted?
Restoration of honor helps the merchant regain some of his political and financial rights, but he may still be subject to certain restrictions in managing his money according to the nature of the bankruptcy ruling.
How Do I File a Request for Judicial Rehabilitation in the UAE?
Procedures for Rehabilitation in the UAE
If you are a trader and want to activate the step of expunging the criminal record in the UAE and reclaiming rights, you must follow the legal steps below precisely:
Submitting a petition: A formal request is submitted to the Public Prosecution in the area where the merchant or the convicted person resides.
Inclusion of personal data: All personal information of the applicant must be attached.
Details of the judicial ruling: Attach the text of the issued ruling and its date accurately.
Investigation and inquiry: The Public Prosecution is conducting a comprehensive investigation to verify the applicant’s general conduct and to amend their path and record.
Submission of the final report: The Public Prosecution submits its report, supported by reasons and documents, to the competent court, expressing its opinion on acceptance or rejection.
When Does the Court Allow the Rehabilitation of a Bankrupt Merchant?
After the merchant’s bankruptcy declaration, three years and the issuance of the bankruptcy judgment, the merchant has the right, according to UAE law, to request the removal of the bankruptcy record from their commercial register and return to economic activity.
Is It Required to Wait Three Years to Submit the Application?
The law allowed the court to reduce this period and accept the request for rehabilitation before the three-year period after bankruptcy in special cases that include:
The merchant must pay off his debts in full, along with their interest, for a full year.
The heirs submitted a request for the merchant’s reinstatement after his death.
A formal settlement and amicable agreement with the creditors.
The merchant’s debt is cleared by the creditors, and they commit in writing not to demand payment from him in the future.
The merchant is not granted rehabilitation until the sentence issued against him is fully served, pardoned, or has expired due to the statute of limitations.
Restitution of honor is also not granted if it is proven that the bankruptcy was due to the merchant’s gross negligence or intentional misconduct that caused the loss of creditors’ funds.
Provisions for Rehabilitation in the UAE Penal Code in Cases of Fraud
There are companies that declare bankruptcy with the aim of deception and fraud, providing false and fictitious financial statements to hide funds. The law tightens the restrictions; a trader convicted of fraud cannot regain their status until all dues and accrued interests to creditors are paid, or after a full three years have passed since the execution or expiration of the penalty.
Is the Opinion of Creditors Taken Into Account in Rehabilitation Cases?
Yes, UAE law grants creditors the full right to object, as the creditor can submit a written objection to the court within 30 days from the date the request for reinstatement is published in the daily newspapers.
Creditors have the right to appeal and contest the ruling even after the court’s decision is issued in favor of the applicant. If the court rejects the creditor’s objection, they can submit a new objection after six months. The court also reserves the absolute right to revoke the rehabilitation ruling if other judicial rulings against the merchant emerge later that were not clear to the court at the time of the decision.
Frequently Asked Questions About the Rehabilitation Law in the UAE
I Declared My Company’s Bankruptcy a While Ago and I Want to File a Judicial Appeal in the UAE. Do the Procedures Take a Long Time?
The duration varies depending on the crime, and it takes one year to submit the application for misdemeanors and two years for felonies. The duration is calculated from the date the sentence is fully served or falls under the statute of limitations.
Can a Criminal Record Be Automatically Expunged Under UAE Law?
Yes, the criminal record is automatically erased under the Law of Legal Rehabilitation, without the need to submit a request to the court after 3 years for misdemeanors and 5 years for felonies from the date of serving the sentence.
Can the Heirs of a Bankrupt Merchant Request Rehabilitation?
Yes, in order to restore the company’s credibility, clear the grandfather’s name, and protect the family’s business reputation, the heirs of the deceased merchant can, under UAE law, submit an official request to the court to restore his commercial reputation, thereby protecting the family’s business reputation and continuing his work.
Conclusion
You need to complete the procedures for rehabilitation in the UAE and build a flawless legal file with deep legal expertise. If you are facing bankruptcy cases, debt collection, or dishonorable misdemeanors that affect your reputation in the business community, do not hesitate to contact the best lawyers and legal experts in Abu Dhabi.
Our experts at FHS Solutions Office guarantee the successful expungement of your criminal records and provide you with useful legal advice to understand the steps for rehabilitation and the conditions that make you eligible to apply for rehabilitation. For further legal services or to discuss your case, contact us.
What is rehabilitation in UAE law and what are its types
A Comprehensive Guide to Rehabilitation in UAE Law and Its Types for Expunging Criminal Records
The merchant’s reputation is his primary and most important capital, as it earns him the trust and respect of those he deals with. Criminal and commercial cases, especially bankruptcy cases, are among the most significant crises that affect merchants’ reputations in the world of finance and business. So, when a company faces financial difficulties and declares bankruptcy, and then the legal procedures and enforcement of judgments are completed, the individual faces restrictions that limit their freedom in managing their finances and exercising their civil and political rights.
From here, the importance of the law of rehabilitation in the UAE arises, as it is the legal way that gives the convicted person a new opportunity to regain their status, work, community trust, and the return of business partners to deal with them again.
In the following lines, experts from FHS Solutions for Law and Legal Consulting will introduce you to the laws of rehabilitation in the UAE, the types of rehabilitation, and the conditions for accepting a rehabilitation petition.
What Is the Concept of the Law of Rehabilitation?
When the court issues a judgment against you, this judgment is recorded in your criminal record. The law of rehabilitation was enacted to erase the future legal effects resulting from the conviction, ensuring the expungement of previous offenses from the convict’s criminal record and restoring their legal status to what it was before the judgment was issued. This procedure in UAE legislation is divided into two main types: legal rehabilitation in the UAE and judicial rehabilitation in the UAE.
Legal Rehabilitation in the UAE
Article One of Federal Law No. (36) of 1992, which pertains to rehabilitation. The law states that any person convicted of a felony or misdemeanor that is dishonorable and dishonest has the right to have their honor restored by law (automatically) without the need to submit a request, once certain time periods have elapsed, distributed as follows:
In felonies: Five full years must pass after the complete execution of the sentence, or a pardon is issued, or it is extinguished by the passage of time.
In misdemeanors: Three years must have passed since the execution of the punishment or its pardon.
Secondly: Judicial Rehabilitation in the UAE
So, the difference between legal rehabilitation and judicial rehabilitation lies in the fact that the first type is deserved without the need to file a lawsuit, after a certain period has elapsed since the judgment. However, in judicial rehabilitation in the UAE, the convicted person must submit an official request to the court.
The legislator has specified the possibility of claiming it according to the following periods: Two years have passed after the execution of the felony sentence or its expiration.
One year has passed after the execution of the misdemeanor sentence.
Conditions for the Court’s Acceptance of the Request for Judicial Rehabilitation
Article 12 of the law stipulates that the court’s acceptance of the request is conditional upon the following:
Meeting the aforementioned deadlines.
The court’s assurance and certainty of the prisoner’s good behavior and improved conduct since the issuance of the sentence.
What Is the Importance of the Law of Rehabilitation for the Convicted?
Restoration of honor helps the merchant regain some of his political and financial rights, but he may still be subject to certain restrictions in managing his money according to the nature of the bankruptcy ruling.
How Do I File a Request for Judicial Rehabilitation in the UAE?
Procedures for Rehabilitation in the UAE
If you are a trader and want to activate the step of expunging the criminal record in the UAE and reclaiming rights, you must follow the legal steps below precisely:
Submitting a petition: A formal request is submitted to the Public Prosecution in the area where the merchant or the convicted person resides.
Inclusion of personal data: All personal information of the applicant must be attached.
Details of the judicial ruling: Attach the text of the issued ruling and its date accurately.
Investigation and inquiry: The Public Prosecution is conducting a comprehensive investigation to verify the applicant’s general conduct and to amend their path and record.
Submission of the final report: The Public Prosecution submits its report, supported by reasons and documents, to the competent court, expressing its opinion on acceptance or rejection.
When Does the Court Allow the Rehabilitation of a Bankrupt Merchant?
After the merchant’s bankruptcy declaration, three years and the issuance of the bankruptcy judgment, the merchant has the right, according to UAE law, to request the removal of the bankruptcy record from their commercial register and return to economic activity.
Is It Required to Wait Three Years to Submit the Application?
The law allowed the court to reduce this period and accept the request for rehabilitation before the three-year period after bankruptcy in special cases that include:
The merchant must pay off his debts in full, along with their interest, for a full year.
The heirs submitted a request for the merchant’s reinstatement after his death.
A formal settlement and amicable agreement with the creditors.
The merchant’s debt is cleared by the creditors, and they commit in writing not to demand payment from him in the future.
The merchant is not granted rehabilitation until the sentence issued against him is fully served, pardoned, or has expired due to the statute of limitations.
Restitution of honor is also not granted if it is proven that the bankruptcy was due to the merchant’s gross negligence or intentional misconduct that caused the loss of creditors’ funds.
Provisions for Rehabilitation in the UAE Penal Code in Cases of Fraud
There are companies that declare bankruptcy with the aim of deception and fraud, providing false and fictitious financial statements to hide funds. The law tightens the restrictions; a trader convicted of fraud cannot regain their status until all dues and accrued interests to creditors are paid, or after a full three years have passed since the execution or expiration of the penalty.
Is the Opinion of Creditors Taken Into Account in Rehabilitation Cases?
Yes, UAE law grants creditors the full right to object, as the creditor can submit a written objection to the court within 30 days from the date the request for reinstatement is published in the daily newspapers.
Creditors have the right to appeal and contest the ruling even after the court’s decision is issued in favor of the applicant. If the court rejects the creditor’s objection, they can submit a new objection after six months. The court also reserves the absolute right to revoke the rehabilitation ruling if other judicial rulings against the merchant emerge later that were not clear to the court at the time of the decision.
Frequently Asked Questions About the Rehabilitation Law in the UAE
I Declared My Company’s Bankruptcy a While Ago and I Want to File a Judicial Appeal in the UAE. Do the Procedures Take a Long Time?
The duration varies depending on the crime, and it takes one year to submit the application for misdemeanors and two years for felonies. The duration is calculated from the date the sentence is fully served or falls under the statute of limitations.
Can a Criminal Record Be Automatically Expunged Under UAE Law?
Yes, the criminal record is automatically erased under the Law of Legal Rehabilitation, without the need to submit a request to the court after 3 years for misdemeanors and 5 years for felonies from the date of serving the sentence.
Can the Heirs of a Bankrupt Merchant Request Rehabilitation?
Yes, in order to restore the company’s credibility, clear the grandfather’s name, and protect the family’s business reputation, the heirs of the deceased merchant can, under UAE law, submit an official request to the court to restore his commercial reputation, thereby protecting the family’s business reputation and continuing his work.
Conclusion
You need to complete the procedures for rehabilitation in the UAE and build a flawless legal file with deep legal expertise. If you are facing bankruptcy cases, debt collection, or dishonorable misdemeanors that affect your reputation in the business community, do not hesitate to contact the best lawyers and legal experts in Abu Dhabi.
Our experts at FHS Solutions Office guarantee the successful expungement of your criminal records and provide you with useful legal advice to understand the steps for rehabilitation and the conditions that make you eligible to apply for rehabilitation. For further legal services or to discuss your case, contact us.
Recent Posts