The compensation claim of the criminal offences under the law of the United Arab Emirates

This study deals with the subject of civil lawsuit arising from a criminal offence, or what is known as the lawsuit for compensation in a criminal offence. The compensation suit is a suit filed by the victim of the crime to redress the damage inflicted on him because of the violation of his right. T...

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Main Author:	Alshamsi, Hamad Ali Mohamed Mejearin
Format:	Thesis
Language:	eng eng
Published:	2023
Subjects:	K Law (General)
Online Access:	https://etd.uum.edu.my/10913/1/Depositpermission_s825887.pdf https://etd.uum.edu.my/10913/2/s825887_01.pdf
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id	my-uum-etd.10913
record_format	uketd_dc
spelling	my-uum-etd.109132024-01-23T07:10:40Z The compensation claim of the criminal offences under the law of the United Arab Emirates 2023 Alshamsi, Hamad Ali Mohamed Mejearin Md. Nor, Mohd Zakhiri Abdelsalam, Mohammed Khalifa Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government K Law (General) This study deals with the subject of civil lawsuit arising from a criminal offence, or what is known as the lawsuit for compensation in a criminal offence. The compensation suit is a suit filed by the victim of the crime to redress the damage inflicted on him because of the violation of his right. The Criminal Procedures Law of the United Arab Emirates No. (35) of 1992 AD and its amendments, through its articles and texts, regulate the procedures for filing the lawsuit and the consequences of the civil lawsuit arising from the criminal offence. The problem was that the UAE Criminal Procedures Law did not stipulate in its articles the rights of the person affected by the crime, i.e., the victim, or the mechanism that should be relied upon to claim compensation before the competent court due to this crime. In addition, the law did not indicate the legal reason for the civil action that should be relied upon when filing a compensation claim before the competent court. The study objectives are to identify the legal controls applied to traditional crimes in the Emirates, to study the statement of victims' rights to compensation for damage from the crime, and to examine the position of international law regarding compensation for criminal damage. This study will primarily benefit judges, lawyers, prosecutors and individuals affected by criminal offences. Adopting a qualitative method, the researcher used the analytical descriptive approach of the laws related to the subject of the research together with the comparative approach to reach the objectives. The finding indicates that the legal basis for the civil lawsuit is the damage caused by the crime, and anyone who sustained damage from it may claim civil rights during the investigation into the case. In the end, the study recommended the UAE legislator enact relevant provisions that clarify certain criteria for persons affected by the crime and entitled to claim compensation. 2023 Thesis https://etd.uum.edu.my/10913/ https://etd.uum.edu.my/10913/1/Depositpermission_s825887.pdf text eng staffonly https://etd.uum.edu.my/10913/2/s825887_01.pdf text eng public other masters Universiti Utara Malaysia
institution	Universiti Utara Malaysia
collection	UUM ETD
language	eng eng
advisor	Md. Nor, Mohd Zakhiri Abdelsalam, Mohammed Khalifa
topic	K Law (General)
spellingShingle	K Law (General) Alshamsi, Hamad Ali Mohamed Mejearin The compensation claim of the criminal offences under the law of the United Arab Emirates
description	This study deals with the subject of civil lawsuit arising from a criminal offence, or what is known as the lawsuit for compensation in a criminal offence. The compensation suit is a suit filed by the victim of the crime to redress the damage inflicted on him because of the violation of his right. The Criminal Procedures Law of the United Arab Emirates No. (35) of 1992 AD and its amendments, through its articles and texts, regulate the procedures for filing the lawsuit and the consequences of the civil lawsuit arising from the criminal offence. The problem was that the UAE Criminal Procedures Law did not stipulate in its articles the rights of the person affected by the crime, i.e., the victim, or the mechanism that should be relied upon to claim compensation before the competent court due to this crime. In addition, the law did not indicate the legal reason for the civil action that should be relied upon when filing a compensation claim before the competent court. The study objectives are to identify the legal controls applied to traditional crimes in the Emirates, to study the statement of victims' rights to compensation for damage from the crime, and to examine the position of international law regarding compensation for criminal damage. This study will primarily benefit judges, lawyers, prosecutors and individuals affected by criminal offences. Adopting a qualitative method, the researcher used the analytical descriptive approach of the laws related to the subject of the research together with the comparative approach to reach the objectives. The finding indicates that the legal basis for the civil lawsuit is the damage caused by the crime, and anyone who sustained damage from it may claim civil rights during the investigation into the case. In the end, the study recommended the UAE legislator enact relevant provisions that clarify certain criteria for persons affected by the crime and entitled to claim compensation.
format	Thesis
qualification_name	other
qualification_level	Master's degree
author	Alshamsi, Hamad Ali Mohamed Mejearin
author_facet	Alshamsi, Hamad Ali Mohamed Mejearin
author_sort	Alshamsi, Hamad Ali Mohamed Mejearin
title	The compensation claim of the criminal offences under the law of the United Arab Emirates
title_short	The compensation claim of the criminal offences under the law of the United Arab Emirates
title_full	The compensation claim of the criminal offences under the law of the United Arab Emirates
title_fullStr	The compensation claim of the criminal offences under the law of the United Arab Emirates
title_full_unstemmed	The compensation claim of the criminal offences under the law of the United Arab Emirates
title_sort	compensation claim of the criminal offences under the law of the united arab emirates
granting_institution	Universiti Utara Malaysia
granting_department	Ghazali Shafie Graduate School of Government
publishDate	2023
url	https://etd.uum.edu.my/10913/1/Depositpermission_s825887.pdf https://etd.uum.edu.my/10913/2/s825887_01.pdf
_version_	1794023787794006016

The compensation claim of the criminal offences under the law of the United Arab Emirates

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