Chapter One: Definitions and Scope of Application
Chapter Two: Establishment, Types and Management of Penal and Correctional Institutions
- Article (3) Establishment of Penal and Correctional Institutions
- Article (4) Types of Penal and Correctional Institutions
- Article (5) Controls for Building Penal and Correctional Institutions
- Article (6) Management of Penal and Correctional Institutions
- Article (7) Database
- Article (8) Inmate Rights
- Article (9) Right to File a Complaint
- Article (10) Supervision of Penal and Correctional Institutions
- Article (11) Inspection of Penal and Correctional Institutions
- Article (12) Organising Visits in Penal and Correctional Institutions
Chapter Three: Inmate Detention
- Article (13) Inmate Detention in Penal and Correctional Institution
- Article (14) Inmates Sentenced to Judicial Deportation
- Article (15) Transfer of Inmate Between Penal and Correctional Institutions
- Article (16) Searching Inmates
- Article (17) Inmate Uniform
- Article (18) Inmate Classification
- Article (19) Right of Pre-trial Detainee to Communicate with Others
- Article (20) Treatment of Pregnant Inmate
- Article (21) Inmate Labour and Wages
- Article (22) Community Empowerment
- Article (23) Periodic Reports
Chapter Four: Healthcare
- Article (24) Healthcare and Medical Treatment
- Article (25) Healthcare Areas
- Article (26) Inmate with Mental Diseases
- Article (27) Inmate with Serious Diseases
- Article (28) Death of Inmate
Chapter Five: Social Care, Education and Edification of Inmates
- Article (29) Social Care Areas
- Article (30) Inmate Education
- Article (31) Temporary Release of Inmate
- Article (32) Family Meeting
Chapter Six: Disciplinary Violations and Sanctions and Penalties
- Article (33) Disciplinary Violations
- Article (34) Disciplinary Sanctions
- Article (35) Imposing Disciplinary Sanctions
- Article (36) Release of the Inmate
Chapter Seven: Release of Inmates
- Article (37) Inmate Release Procedures
- Article (38) Release of Pre-trial Detainee
- Article (39) Health Release
- Article (40) Release on Parole
- Article (41) Release of Inmate Sentenced to Life Imprisonment
- Article (42) Effect of Multiple Crimes on Release
- Article (43) Calculation of the Duration of the Sentence
- Article (44) Deciding on Release Complaints
Chapter Eight: Age Categories of Inmates and Benefits Granted Thereto
- Article (45) Transitional Age Category
- Article (46) Care of Transitional Age Category Inmates
- Article (47) Exceptional Leaves for Transitional Age Category
- Article (48) Restricted Freedom System
Chapter Nine: Final Provisions
- Article (49) Inmate Restraint
- Article (50) Use of Weapons
- Article (51) Inmate Alerting
- Article (52) Using Artificial Intelligence
- Article (53) Inmate Correctional Policies Committee
- Article (54) Penalties
- Article (55) Supporting and Sponsoring Inmate Products and Services
- Article (56) Outsourcing Tasks and Services
- Article (57) Executive Regulation
- Article (58) Executive Resolutions
- Article (59) Repeals
- Article (60) Publication and Entry into Force of Decree Law
Chapter One: Definitions and Scope of Application
Article (1) Definitions
In application of the provisions of this Decree Law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires:
State: The United Arab Emirates.
Ministry: Ministry of Interior
Minister: Minister of Interior
Public Prosecution: The Federal Public Prosecution.
Penal and Correctional Institutions: The Ministry's penal and correctional institutions, which are responsible for implementing court judgments and pre-trial detention orders issued by the judicial authority.
Institution Officer: The officer who heads the administrative formation of the penal and correctional institution, assumes responsibility for administrative and executive tasks, and is responsible for achieving the institution's objectives.
Inmate: The person placed in penal and correctional institutions in implementation of judgments and orders issued by the judicial authority.
Community Empowerment: A transitional period aimed at facilitating the inmate's integration into society, during which the restrictions are gradually eased and some benefits are granted to the inmate, and it shall be counted as part of the sentence.
Database: Information and data on inmates required for the operation of penal and correctional institutions, which are stored in their electronic records.
Article (2) Scope of Application
The provisions of this Decree Law shall apply to federal penal and correctional institutions in the State.
Chapter Two: Establishment, Types and Management of Penal and Correctional Institutions
Article (3) Establishment of Penal and Correctional Institutions
Penal and correctional institutions shall be established, and their locations and departments shall be designated by a resolution issued by the Minister.
Article (4) Types of Penal and Correctional Institutions
Penal and correctional institutions are classified into two types:
1. Penal and correctional institutions for men.
2. Penal and correctional institutions for women.
Article (5) Controls for Building Penal and Correctional Institutions
When building penal and correctional institutions, the following controls shall be observed:
1. Determining their capacity, type, specialisation, and proximity to public service areas as much as possible.
2. Penal and correctional institutions for women should have special facilities for pregnant inmates or those accompanied by children.
3. Penal and correctional institutions must have the specifications for dealing with inmates with disabilities.
4. Providing facilities that contribute to the physical, psychological and cultural rehabilitation of inmates.
Article (6) Management of Penal and Correctional Institutions
1. The penal and correctional institution is managed by the Institution Officer, who is responsible for guarding the inmates and implementing the laws, regulations and systems related to their management.
2. The Institution Officer shall be assisted by a sufficient number of officers, non-commissioned officers, privates, employees and workers, who shall be under his supervision and shall work in accordance with his orders within the limits of the laws and regulations.
3. The Institution Officer must immediately inform the competent department and the Public Prosecution of the death of any inmate who dies suddenly or as a result of an accident or commits suicide, or sustains any serious injury or in cases of escape, and in serious cases that require such communication, such as mass rebellion and epidemic diseases, while taking the necessary administrative measures.
4. The management of the penal and correctional institution for women shall be undertaken by a female officer, who shall carry out all the tasks and responsibilities assigned to the Institution Officer. If a female officer is not available, it shall be managed by a male institution officer, who shall be assisted in carrying out his duties by a female worker who shall report to him.
5. It shall be noted that the workers in penal and correctional institutions for women must be women as much as possible, and in all cases, the guarding of female prisoners and the service work related to them shall be undertaken by women.
6. The Institution Officer shall implement every order issued thereto by the competent public prosecution, the competent court, or any other legally competent authority, and every order issued thereto by the Ministry regarding the duties of his job.
Article (7) Database
1. Penal and correctional institutions shall prepare the database necessary for their work, which shall include the following data:
a. Daily data of the penal and correctional institution.
b. Personal data of inmates.
c. Judicial papers.
d. Inmate deposits.
e. Inmate visits.
f. Inmate complaints.
g. Cases of escaped inmates.
h. Disciplinary sanctions.
2. The Ministry may, in coordination with the Public Prosecutor, add any other data.
3. The Executive Regulation of this Decree Law shall specify the method of recording and storing data in the database, the duration of its retention, and other types of data necessary for the operation of the penal and correctional institution.
Article (8) Inmate Rights
While in the penal and correctional institution, the inmate shall have the following rights:
1. Duly respect of his dignity, and not being subjected to torture, cruel treatment or degrading punishment.
2. To have access to any judgment or paper announced thereto, and submitting any petition, lawsuit paper, report, request or memorandum he wishes to submit, while ensuring that his requests are delivered to the competent authority within the prescribed legal period.
3. To be informed of the duties, prohibitions and penalties related thereto in a language that he understands.
Article (9) Right to File a Complaint
1. Every inmate shall have the right to submit a written complaint to the Institution Officer at any time, and request that it be notified to the competent public prosecution. The Institution Officer must accept it and notify it immediately to the Public Prosecution after recording it in the Database, and must provide the Public Prosecution with all the data it requests.
2. The Executive Regulation of this Decree Law shall determine the procedures necessary to implement the provisions of this Article.
Article (10) Supervision of Penal and Correctional Institutions
1. Penal and correctional institutions shall be subject to the supervision of the Public Prosecution in accordance with the provisions of the Criminal Procedure Code.
2. The competent member of the Public Prosecution has the right to enter penal and correctional institutions at any time to ensure that laws, regulations and systems are being implemented and that there is no inmate is held illegally. He also has the right to view the Database to verify its compliance with laws, regulations and systems.
3. Every inmate has the right to meet with a member of the Public Prosecution while he is in the penal and correctional institution and to submit a complaint to him. The member of the Public Prosecution must examine it, take the necessary action regarding it, and notify the Public Prosecutor thereof.
Article (11) Inspection of Penal and Correctional Institutions
1. The Ministry shall form special committees or work teams to inspect penal and correctional institutions and verify the implementation of all laws, regulations and systems, taking into account, as much as possible, that the inspection of penal and correctional institutions for women be carried out by women.
2. The Executive Regulation of this Decree Law shall specify the conditions and procedures for inspection by the committees and work teams stipulated in this Article, and the submission of reports related to the inspections they conduct to the Ministry.
Article (12) Organising Visits in Penal and Correctional Institutions
The Executive Regulation of this Decree Law shall specify the conditions, procedures and types of in-person or virtual visits in penal and correctional institutions, and the cases in which visits are completely or partially prohibited, provided that this is for a reasonable period and for health conditions or reasons related to security and the exceptions related thereto.
Chapter Three: Inmate Detention
Article (13) Inmate Detention in Penal and Correctional Institution
1. No person may be detained in a penal or correctional institution except on the basis of a written detention order issued by the competent Public Prosecution, the competent court, or any other legally competent authority.
2. No inmate may remain in the penal and correctional institution after the period specified in the detention order.
3. When the inmate enters the penal and correctional institution, the detention order shall be summarised in the Database within the record of his category, and if he is transferred from one institution to another, the detention order and all other papers related thereto shall be sent with him.
4. Every inmate must be examined upon admission to the penal and correctional institution and his health and mental condition must be recorded in the Database.
5. Without prejudice to the legislations in force in the State, the penal and correctional institution may take the fingerprints of inmates upon their entry into the institution, and the Executive Regulation of this Decree Law shall regulate the procedures and mechanisms for dealing with fingerprints.
6. The penal and correctional institution must enable the inmate, upon entering the institution, to contact his relatives or whomever he wishes to inform them of his whereabouts.
Article (14) Inmates Sentenced to Judicial Deportation
1. In the penal and correctional institution, places shall be allocated for inmates who have been issued a judgment to deport them from the State, to be temporarily detained there until the deportation order is implemented. Those shall be treated as pre-trial detainees.
2. The expenses of judicial deportation shall be borne by the foreign inmate or at the expense of the recruiting party or guarantor, otherwise the State shall bear the expenses of deportation.
Article (15) Transfer of Inmate Between Penal and Correctional Institutions
Inmates may be transferred between federal penal and correctional institutions and local penal and correctional institutions in the circumstances and under the conditions specified in the Executive Regulation of this Decree Law.
Article (16) Searching Inmates
1. Every inmate must be searched upon entering the penal and correctional institution, and any money or valuables found with him must be taken and deposited in the penal and correctional institution's safes to be delivered to him upon his release, unless he wishes to deliver them to a specific person, in which case they must be delivered to that person or to the inmate's legal representative.
2. If, during the search of the inmate, it is proven that he possesses items that are prohibited from being used, possessed or brought into the penal or correctional institution, they shall be seized, and the necessary measures shall be taken in accordance with what is specified in the Executive Regulation of this Decree Law.
3. If the items seized during the search constitute a crime, a report of their seizure shall be prepared and referred to the Public Prosecution to take legal action thereon.
4. Without prejudice to the provisions of Clause (3) of this Article, if the inmate conceals or refuses to hand over the seized items during the search process, disciplinary measures shall be taken against him.
5. The Executive Regulation of this Decree Law shall specify the procedures for the seizure and disposal of prohibited deposits and items.
Article (17) Inmate Uniform
The Executive Regulation of this Decree Law shall specify the types of inmates' uniforms and the mechanism for disposing of their personal clothing upon detention and dispensing it upon their release.
Article (18) Inmate Classification
1. Inmates in penal and correctional institutions shall be classified into categories according to the inmate's legal status, type of crime, length of sentence and security risk.
2. The following conditions must be met when classifying inmates:
a. Complete separation between men's and women's institutions.
b. Providing special wards for each category according to the classification.
3. Without prejudice to the provisions of Clauses (1) and (2) of this Article, the Executive Regulation of this Decree Law shall determine the classifications of inmates and the benefits specific to each category, the procedures for dealing with them and the specifications of the wards of each category, the provisions related to transferring the inmate from one category to another, and stating their obligations, rights, duties, employment and wages due thereto.
Article (19) Right of Pre-trial Detainee to Communicate with Others
1. The inmate in pre-trial detention shall have the right to meet his visitors and correspond with whomever he wishes, and he may contact any person he wishes to contact under the supervision of the Institution Officer or his representative, unless the detention order prohibits the foregoing.
2. The inmate in pre-trial detention may communicate with others, based on written permission from the Public Prosecution, in the following cases:
a. The foreign inmate's communication with his embassy, diplomatic mission or the entity that looks after his interests in the State.
b. Meeting his lawyer at the penal and correctional institution after verifying his status.
3. No third party may communicate with a pre-trial detainee in the penal or correctional institution except with written permission from the Public Prosecution.
4. The Institution Officer must record in the Database the details of the communication and meetings in terms of the personal details of the parties to the communication or meeting, the time and duration of the communication or meeting, and the date and content of the permission.
5. In all cases, the Executive Regulation of this Decree Law shall determine the procedures pertaining to the implementation of the provisions of this Article.
Article (20) Treatment of Pregnant Inmate
1. The pregnant inmate shall be exempted from working in the penal and correctional institution as of the date of establishing her pregnancy, and shall be given special care in terms of food and sleep, and the implementation of any disciplinary penalties against her shall be postponed until after the birth or until the end of the period of her new-born's presence with her, as the case may be.
2. The pregnant inmate must be transferred to the hospital when the due date approaches and remain there until she gives birth and until the doctor decides to discharge her. She and her new-born must be given the necessary care, with appropriate food, clothing and rest.
3. The inmate may keep her new-born until he reaches the age of two years. If she does not wish the new-born to remain with her or if he reaches this age, he shall be handed over to the person who has the right to custody or care for him. If this is not possible, he shall be placed in one of the care homes. In all cases, the mother shall be notified of his place and shall be enabled to see him at regular times in the manner specified in the Executive Regulation of this Decree Law.
4. In all cases, the child's birth certificate must not include anything indicating that he was born in a penal or correctional institution or in a hospital belonging to it, or that his mother was committed to a penal or correctional institution.
Article (21) Inmate Labour and Wages
1. The Executive Regulation of this Decree Law shall determine provisions related to the following:
a. The jobs that may be performed by inmates, taking into account their categories, ages and health conditions.
b. Working days and hours.
c. Wages due to inmates for the work they do, how they are determined and when they are paid.
2. No disciplinary penalty may be imposed on wages due to inmates.
Article (22) Community Empowerment
If the period of stay of the convicted inmate in the penal and correctional institution exceeds four (4) years, he must, before his release, go through a period of community empowerment, during which the gradual easing of restrictions and the granting of benefits must be taken into account in accordance with the conditions specified in the Executive Regulation of this Decree Law.
Article (23) Periodic Reports
The Executive Regulation of this Decree Law shall specify the procedures for preparing periodic reports on the behaviour of inmates in penal and correctional institutions according to their categories.
Chapter Four: Healthcare
Article (24) Healthcare and Medical Treatment
1. Penal and correctional institutions are obligated to provide health care and medical treatment to inmates in coordination with government health establishments.
2. Government health authorities and establishments are obligated to provide medical treatment to every inmate who does not have health insurance within the territorial jurisdiction of the penal and correctional institution, in order to treat him inside the institution or transfer him to its affiliated hospitals in coordination with the Ministry.
3. Health establishments within the territorial jurisdiction closest to the penal and correctional institution are obligated to deal with cases of serious or contagious illnesses of inmates, psychological illnesses, and illnesses leading to death, referred to them by the penal and correctional institution.
4. In every penal and correctional institution there shall be one or more doctors, one of whom shall be a resident in the penal and correctional institution, who shall be entrusted with providing healthcare services to the inmates.
5. The doctor shall examine each inmate upon his admission to the penal and correctional institution, and his health and mental condition shall be verified and documented in the records or in the Database within the penal and correctional institution, and the type of work that his health enables him to perform shall be determined.
6. In penal and correctional institutions for women, doctors must be women unless it is necessary to use the help of one or more male doctors, and in the event it is necessary that one or more male doctors are present. A female nurse, officer, non-commissioned officer or private must be present when the female inmate is presented to the doctor for examination or any other medical procedure to be taken.
7. The doctor shall inspect the penal and correctional institution and the inmates to verify health aspects, especially those related to hygiene and food, and the officer of the penal and correctional institution shall implement the health measures that the doctor deems necessary to take.
8. The doctor in charge of providing healthcare to inmates in the penal and correctional institution may decide to transfer the inmate to a government hospital to receive treatment.
9. The Executive Regulation of this Decree Law shall determine all other provisions related to the implementation of this Article, including the terms and conditions for referral and transfer to receive treatment outside the penal and correctional institution, in coordination between the Ministry, the competent health authorities, and the Ministry of Health and Community Protection.
Article (25) Healthcare Areas
The Executive Regulation of this Decree Law shall determine the requirements for the care of inmates in penal and correctional institutions in the following areas:
1. Hygiene measures
2. Daily meals and food safety.
3. Means to improve physical and mental health.
4. Enjoying fresh air in the outdoors.
5. Therapeutic services and healthcare.
Article (26) Inmate with Mental Diseases
1. If the doctor in charge of providing mental treatment to inmates in the penal and correctional institution finds that the inmate is suffering from a mental disease, he must refer him to one of the mental health facilities within the territorial jurisdiction closest to the penal and correctional institution for assessment and preparation of a medical report on his health condition.
2. The medical report shall be presented to the Public Prosecution to order his placement in the health facility, provided that the period he spends there is deducted from the sentence imposed. In all cases, the detention of an inmate with a mental disease shall not take place except after the approval of the competent health authority.
Article (27) Inmate with Serious Diseases
1. If the doctor in charge of providing medical treatment to inmates in the penal and correctional institution finds that the inmate is suffering from a disease that threatens his life or the lives of others or completely incapacitates him, he must refer him to one of the health facilities within the territorial jurisdiction closest to the penal and correctional institution for assessment and preparation of a medical report on his health condition.
2. The medical report shall be presented to the Public Prosecution to take appropriate action regarding the inmate's condition and notify the health authorities of this.
Article (28) Death of Inmate
1. If the condition of the sick inmate reaches a critical level where his death is feared, based on what is stated in the medical report, the penal and correctional institution must take the initiative to notify his family and permit them to visit him without being bound by the official visiting hours stipulated in the Executive Regulation of this Decree Law.
2. In all cases, the inmate may not be buried before notifying the Public Prosecution of the death and its cause, and obtaining permission from it for burial.
3. The Executive Regulation of this Decree Law shall determine the procedures for dealing with the inmate who dies due to natural or pathological causes, or as a result of an accident, assault, suicide, or execution, and the procedures for his burial.
Chapter Five: Social Care, Education and Edification of Inmates
Article (29) Social Care Areas
1. The concerned federal and local authorities are committed to supporting penal and correctional institutions in providing social care to inmates, each according to its jurisdiction, in the following areas:
a. Physical education.
b. Education and edification.
c. Religious preaching.
d. Vocational training.
e. Labour market programmes.
2. Each penal and correctional institution shall have one or more social or psychological specialists.
3. Each penal and correctional institution shall have one or more religious preachers to urge inmates to observe the provisions of religion, to be virtuous and to instil religious awareness in them.
4. A place shall be designated in the penal and correctional institution where prayers shall be performed at their appointed times, and every inmate shall be permitted to pray therein unless security requires otherwise.
5. The Executive Regulation of this Decree Law shall determine the special procedures and controls to implement the provisions of this Article.
Article (30) Inmate Education
1. The inmate shall have the right to continue his studies at his own expense, and the penal and correctional institution must coordinate with the competent educational authorities to facilitate attending classes and lectures using available means, and allow him to take his exams in person or through remote communication methods.
2. The Executive Regulation of this Decree Law shall determine the special procedures and controls to implement of the provisions of this Article.
Article (31) Temporary Release of Inmate
1. The penal and correctional institution may, after the approval of the Public Prosecution, allow the inmate to leave the institution temporarily for emergency reasons or for reasons of work, education, training, or family home visits.
2. The Executive Regulation of this Decree Law shall determine the duration, conditions and procedures of temporary release.
Article (32) Family Meeting
1. A convicted inmate who has served a period not less than three (3) months of the penalty imposed may meet his family members up to the second degree or his spouse, by submitting a request to the Institution Officer specifying the names of those required to be met and the degree of relationship.
2. The Executive Regulation of this Decree Law shall determine the conditions for family meetings with the spouse, including its duration and the identification of those included in the inmate's family up to the second degree.
3. The family meeting shall not affect the inmate's right to other visits, provided that their conditions are met.
Chapter Six: Disciplinary Violations and Sanctions and Penalties
Article (33) Disciplinary Violations
1. The penal and correctional institution must inform each inmate of the duties and prohibitions he must adhere to, in a language that he understands.
2. Any inmate who violates the laws, regulations or systems in force in the penal and correctional institution shall be subject to disciplinary punishment, without prejudice to criminal or civil liability, where necessary.
Article (34) Disciplinary Sanctions
1. The disciplinary sanctions that may be imposed on the inmates are:
a. Warning
b. Deprivation of all or some of the privileges prescribed for his category for a period not exceeding thirty (30) days.
c. Deprivation of a reduction in the term or not being nominated for parole after the lapse of three quarters the sentence.
d. Solitary confinement for a period not exceeding seven (7) days.
2. The Executive Regulation of this Decree Law shall determine the following:
a. The power to impose disciplinary sanctions.
b. Violations for which the sanctions stipulated in Paragraphs (C) and (D) of Clause (1) of this Article are imposed.
Article (35) Imposing Disciplinary Sanctions
1. The disciplinary sanctions stipulated in Article (34) of this Decree Law shall be imposed in accordance with the following controls:
a. Conducting an investigation that includes confronting the inmate with the act attributed thereto, hearing his statements, and investigating his defence in accordance with the procedures determined by the Executive Regulation of this Decree Law.
b. The inmate may not be subjected to disciplinary punishment by solitary confinement except after a medical examination.
c. Necessary precautionary measures may be taken against inmates until the investigation procedures are completed.
2. In all cases, the decision to impose a disciplinary sanction shall be reasoned and final.
3. Disciplinary sanctions imposed on the inmate shall be recorded in the Database and reported to the Public Prosecution.
Article (36) Release of the Inmate
The imposition of any disciplinary sanctions shall not prevent the release of the inmate within the period stipulated in the order of detention.
Chapter Seven: Release of Inmates
Article (37) Inmate Release Procedures
1. The prisoner is released at noon of the day after the end of the sentence.
2. If the inmate is to be placed under police surveillance or electronic monitoring, the penal and correctional institution must coordinate with the relevant police station or the concerned department in the Ministry before releasing him.
3. If the inmate does not have usable clothing at the time of his release and is unable to obtain it, the administration of the penal and correctional institution shall issue him clothing in accordance with what is specified in the Executive Regulation of this Decree Law.
Article (38) Release of Pre-trial Detainee
1. The pre-trial detainee shall be released upon the expiry of the period stated in the detention order, unless it is extended or an order for his release is issued before its expiry by the competent authorities, unless he is detained for another reason.
2. The Executive Regulation of this Decree Law shall determine the special procedures to implement the provisions of this Article.
Article (39) Health Release
1. A medical committee shall be formed by a Cabinet resolution based on the proposal of the Minister after coordination with the concerned authorities, to study the cases of inmates suffering from mental diseases or diseases that threaten their lives or the lives of others or completely incapacitate them, in order to recommend their release on health grounds or not, and the Public Prosecution shall be notified of the Committee's recommendation.
2. The health release of the inmate shall be made by a decision of the Public Prosecutor, and the Ministry shall be notified thereof.
3. The Public Prosecutor shall deport the released prisoner on health grounds against whom a judgment has been issued for deportation before the end of the sentence.
4. The Public Prosecutor may, by decision, deport a prisoner who has been released on health grounds if he is a foreigner, before the end of the sentence.
5. The inmate released on health grounds, who is not deported, shall remain under electronic surveillance and undergoes a periodic medical examination by the health establishment specified in the release decision, to submit a medical report on the medical condition in preparation for cancelling the health release order, if necessary.
6. When the medical condition that has entailed the release of the inmate disappears before the end of the sentence imposed on him, the matter shall be presented to the Public Prosecutor to decide to return the inmate to the penal and correctional institution to complete the remainder of the sentence.
7. The period of time that the inmate released on health grounds spends outside the penal and correctional institution shall be counted as part of the sentence.
8. The Executive Regulation of this Decree Law shall determine the special procedures to implement the provisions of this Article.
Article (40) Release on Parole
1. Every inmate sentenced to a custodial sentence of one month or more shall be released if he has served three quarters of the sentence, and his behaviour during his stay in the penal and correctional institution calls for confidence in his rehabilitation and his release does not pose a threat to public security. If the sentence is life imprisonment, he shall be released if he has served at least twenty (20) years. This release decision shall be issued by the Minister and a copy thereof shall be notified to the Public Prosecutor.
2. Any inmate sentenced to a custodial sentence for crimes in which the Criminal Procedure Code permits criminal settlement and who has served two thirds of the sentence may submit a request to the penal and correctional institution for his release in exchange for a sum of money. The request must be accepted if the inmate has paid all the financial penalties, restitution and compensation ordered before the decision is made to accept or reject the request.
3. To implement the provisions of Clause (2) of this Article, the Cabinet shall, based on the Minister's proposal, issue a resolution that includes the following:
a. Forming an examination committee to study the requests of convicted persons and issue recommendations regarding them.
b. Determining the Committee's work system.
c. Determining the sum of money in exchange for release, taking into account the nature of the crime and the length of the sentence imposed.
4. The release of the convicted inmate shall not prevent the implementation of the subsidiary and complementary penalties and penal measures imposed.
5. The sums collected in accordance with the provisions of Clause (2) of this Article shall be allocated to the development of penal and correctional institutions.
Article (41) Release of Inmate Sentenced to Life Imprisonment
1. The inmate sentenced to life imprisonment who has served the sentence for a period not less than fifteen (15) years may submit a request to the Institution Officer for his release. The officer must express his opinion on this request and then refer the request with the inmate's file to the Ministry to express its opinion on the extent of the danger of releasing the inmate to public security. The papers shall then be referred to the competent Public Prosecution to investigate the request and question the concerned parties about the inmate's behaviour and verify his good conduct and integrity. After that, the papers shall be submitted, accompanied by its opinion, to the court that issued the sentence.
2. The court shall order the release of the prisoner if it is proven that he has good conduct and is of sound character. It may make the release conditional on any of the measures stipulated in the Crimes and Penalties Law or the law on the basis of which the prisoner has been punished, if it includes such a measure.
3. The court's judgment to accept or reject the application shall be final and not subject to appeal. If the request is rejected, a new request may not be submitted before the expiration of a period of at least one year as the date of the judgment to reject the previous request.
Article (42) Effect of Multiple Crimes on Release
1. Subject to the provisions of multiple crimes and penalties stipulated in the Crimes and Penalties Law, if multiple penalties are imposed for crimes committed before the inmate is admitted to the penal and correctional institution, the release shall be based on the total duration of these penalties.
2. If the inmate commits a crime while being in the penal and correctional institution, the release shall be based on the remaining period at the time of committing such crime, in addition to the period of the penalty he has been sentenced to due to committing it.
Article (43) Calculation of the Duration of the Sentence
1. If the prisoner has spent a period in pre-trial detention before the execution of the sentence, his release shall be based on the entire period of the sentence, including the period of pre-trial detention that must be deducted from the duration of the sentence.
2. If a pardon is issued to reduce the duration of the sentence, the period that must be spent in the penal and correctional institution for release shall not be included in the calculation of the period that has been reduced from the sentence by virtue of the pardon.
Article (44) Deciding on Release Complaints
The Public Prosecutor shall consider and examine complaints submitted regarding release and take whatever action he deems necessary.
Chapter Eight: Age Categories of Inmates and Benefits Granted Thereto
Article (45) Transitional Age Category
1. The transitional age category for inmates shall be determined as follows:
a. The juvenile who has reached the age of eighteen (18) years and has not exceeded the age of twenty-one (21) years, and has been transferred from the juvenile institution to the penal institution to complete the execution of the sentence.
b. The inmate who has reached the age of eighteen (18) years and has not exceeded the age of twenty-one (21) years, and has been placed in a penal and correctional institution.
2. Penal and correctional institutions must designate private places for inmates of transitional age, where they must not mix with other inmates in the institution.
3. The transitional age category stipulated in Clause (1) of this Article may be amended by a decision issued by the Minister.
Article (46) Care of Transitional Age Category Inmates
The Ministry shall, in coordination with the concerned authorities in the State, develop annual programmes to care for inmates of the transitional age group and grant them the benefits stipulated for them in accordance with the provisions of this Decree Law and its Executive Regulation.
Article (47) Exceptional Leaves for Transitional Age Category
1. Inmates of the transitional age category may be granted the following exceptional leaves:
a. Leave from the penal and correctional institution to visit his family on official holidays and special occasions.
b. Exceptional family circumstances leave.
2. The Executive Regulation of this Decree Law shall regulate the conditions for granting these exceptional leaves.
Article (48) Restricted Freedom System
The restricted freedom system may be applied to the convicted inmate of the transitional age category, in coordination with the concerned authorities, by employing them outside the penal and correctional institution in the government or private sector, in accordance with what is determined by the Executive Regulation of this Decree Law.
Chapter Nine: Final Provisions
Article (49) Inmate Restraint
1. The Institution Officer may order, as a precautionary measure, the restriction of the movement of the inmate's hands or feet by any means if he becomes agitated or hostile or if he is feared to escape, and the disciplinary sanctions stipulated in Article (34) of this Decree Law shall be taken against him.
2. The period of restricting the inmate's movement before imposing the disciplinary sanction may not exceed seventy-two (72) hours, and the matter shall be recorded in the Database with a statement of the reasons for that.
Article (50) Use of Weapons
1. Without prejudice to the cases and conditions for the use of weapons stipulated in Federal Law No. (12) of 1976 Concerning the Police and Security Force, as amended, or any other law replacing it, the Institution Officer and policemen assigned to guard may use their firearms against inmates in the following cases:
a. Repelling any attack or resistance accompanied by the use of force if it cannot be repelled by other means.
b. Suppressing inmate rebellion if they are armed with lethal weapons and refuse to drop them after being asked to do so.
c. Preventing the inmate's decision if it cannot be prevented by using other means. In this case, shooting must be in the air. If that does not work, shooting should be directed towards the legs.
2. In all cases, the Public Prosecution must be notified immediately to conduct the investigation and inform the Ministry of this.
Article (51) Inmate Alerting
Inmates must be alerted, upon entering or exiting the penal or correctional institution, to the provisions regulating the restriction of inmate movement or the use of weapons and to the penalties prescribed for escaping from the penal or correctional institution.
Article (52) Using Artificial Intelligence
Artificial intelligence may be used to monitor inmates and predict their intentions and health and psychological state, in accordance with the controls determined by the Executive Regulation of this Decree Law.
Article (53) Inmate Correctional Policies Committee
1. Pursuant to the provisions of this Decree Law, a committee called the "Inmate Correctional Policies Committee" shall be established and shall be affiliated with the Ministry. A Cabinet resolution shall be issued to form it and determine its work system based on the proposal of the Minister.
2. The Inmate Correctional Policies Committee shall exercise the following competences:
a. Ensuring the application of best practices in the management of penal and correctional institutions.
b. Proposing appropriate measures and mechanisms to develop penal and correctional institutions, in order to ensure the achievement of their mission of reforming, rehabilitating and reintegrating convicted inmates into society as useful members.
c. Adopting a plan, policy and work guide for the system of penal and correctional institutions, in a manner that ensures the link between them and the work plan of the courts and prosecution offices.
d. Taking the necessary measures to adopt a general policy aimed at achieving economic management of the penal and correctional institutions system.
e. Proposing draft laws aimed at reducing the use of custodial penalties and expanding non-custodial penalties and measures.
f. Any other competences entrusted thereto by virtue of a Cabinet or Ministerial resolution.
Article (54) Penalties
1. A penalty of imprisonment for a period not less than six (6) months and/or a fine not less than fifty thousand (50,000) AED shall be imposed on anyone who:
a. Enters or attempts to enter to, or take out or attempts to take out from, the penal and correctional institution, in any way, any substances prohibited by the laws, regulations and resolutions regulating the work of the penal and correctional institution.
b. Gives an inmate prohibited substances while transferring him from one place to another.
2. The penalty shall be imprisonment for a period not less than one year and/or a fine not less than one hundred thousand (100,000) AED if one of the acts stipulated in Paragraphs (A) and (B) of Clause (1) of this Article is committed or if one of the employees of the penal and correctional institution or those charged with guarding the inmate facilitates or assists in committing it.
3. Anyone who provides an inmate with weapons or tools to use to escape or commit a crime shall be punished with imprisonment for a period not less than five (5) years. The penalty shall be imprisonment for a period not less than ten (10) years if the act is committed, facilitated, or assisted in by one of the employees of the penal and correctional institution.
4. Any inmate who destroys, disables or damages the property and facilities of the penal or correctional institution shall be punished by imprisonment and a fine, and he shall be ordered to pay the value of the items he has destroyed, disabled or damaged.
Article (55) Supporting and Sponsoring Inmate Products and Services
The penal and correctional institution may establish a fund to support and sponsor products made by inmates and the services they can provide. The fund may purchase or establish commercial establishments to market these products and services in accordance with the controls specified by a Cabinet resolution based on the proposal of the Minister.
Article (56) Outsourcing Tasks and Services
The Ministry may, after the approval of the Council of Ministers, outsource some of the tasks, procedures and services assigned to it under the provisions of this Decree Law and its Executive Regulation to any other governmental or private entity.
Article (57) Executive Regulation
The Cabinet shall issue, upon the proposal of the Minister, the Executive Regulation of this Decree Law.
Article (58) Executive Resolutions
The Minister shall issue the executive resolution necessary to implement the provisions of this Decree Law.
Article (59) Repeals
1. Federal Law No. (43) of 1992 Regulating Penal Institutions shall be repealed, as well as any provision that violates or contradicts the provisions of this Decree Law.
2. The resolutions and systems related to penal institutions that are issued prior to the entry into force of the provisions of this Decree Law shall remain in force until the issuance of the resolutions and systems that shall replace them in accordance with the provisions of this Decree Law.
Article (60) Publication and Entry into Force of Decree Law
This Decree Law shall be published in the Official Gazette, and shall enter into force one hundred and eighty (180) days as of the date of its publication.
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