"الخدمة المجتمعية كعقوبة بديلة للعقوبات المقيدة للحرية في الأمارات "النظرية والتطبيق
This Search addresses the community service as an alternative punishment for imprisonment between theory and practice in the light of the UAE legislation and the ministerial and administrative decisions regulating it. It is important because it addresses a modem penal model with clear privacy and...
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| Summary: | This Search addresses the community service as an alternative punishment for
imprisonment between theory and practice in the light of the UAE legislation and the
ministerial and administrative decisions regulating it. It is important because it addresses a
modem penal model with clear privacy and importance. As a substitute punishment, the
UAE has activated this punishment because it gives the convict a sense of responsibility
towards his society. It benefits the public and society as a whole, contributes to the process
of reform and rehabilitation, and reduces the rate of return to crime, because it keeps the
convict in touch with his community and family. In order to achieve the objectives of the
research, the researcher relied on the analytical descriptive approach to identify all aspects
related to the punishment of community service, in order to reach indicators of value that
support the subject of the research. The comparative method was also used by the legal
texts in UAE legislation and comparative Arab and foreign laws. The research issue is how
to evaluate the effectiveness of community service in reflecting the policy of social
reintegration of detainees compared to the restrictions on freedom, the effectiveness of the
monitoring system of the convict during the implementation of the penalty for community
service, and the non- consent of the sentenced to accept community service in UAE
legislation which may face a state of criticism for human rights considerations on the one
hand, and on the other impede the achievement of the desired objectives. In addition, the
UAE legislation does not speci@ the nature of the legal relation between the convict and
the party in whose favor the service is carried. Additionally, there is a distinctive lack of
identification of the work of community service and its fields, and left to be determined by
a decision issued by the Council of Ministers, in one of the institutions or establishments
to be determined by a decision of the Minister Justice, in agreement with the Ministers of
the Interior, Human Resources and Resettlement, or by a decision of the competent judicial
authority, without requiring the controls to be taken into account in the selection of the
business. The failure to provide for the rules that are subject to the implementation process
raises many legal problems that must be addressed. The study concludes that the UAE
legislator adopted the punishment of community service in line with the clear development
of punitive policy and the concept of punishment, to integrate convicted persons in the
society system and create psychological and physical balance, and to provide new
alternative solutions to freedom-restricting penalties that proved ineffectiveness. The
system of community service as an alternative punishment for fieedom-related penalties is
linked to the existence of a clear system of implementation and follow-up. It provides the
awareness of those who will be subject to the punishment, and more importantly the extent
of community awareness and acceptance of such sanctions. In addition, the UAE legislation
did not impose the consent of the sentenced person when imposing this penalty, other than
some of the comparative legislation that stipulated his consent. The study also found a
number of recommendations, the most important of which is the need for the competent
judicial authority to consider, in issuing its judgment on community service, the proportion
of the sentenced person's work in terms of its type and duration with the seriousness of the
crime committed and its physical capacity. In order to ensure the effectiveness of the
application of the penalty of community service, the principle of the non-coercion of a
person to act and be voluntary based on free choice must be respected and compatible with
the principle of consonance provided for in Article 34 of the Constitution of the United
Arab Emirates, oversees its implementation and follow-up to achieve its objectives. |
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