Mediation, settlement in penal reconciliation tackled at Abu Dhabi Judicial Department

Abu Dhabi: The Abu Dhabi Judicial Department (ADJD) organised a workshop entitled “Mediation and Settlement in light of the legislative developments introduced in Federal Decree-Law No. 38 of 2022 regarding the issuance of the Code of Criminal Procedures”.

The workshop aims to unify judicial trends in line with legislative developments in the application of the mediation system in criminal reconciliation and regulating its procedures.

The procedures entered into force on March 1, 2023.

Organising the workshop comes within the framework of the department’s efforts to consolidate judicial principles, and achieve prompt justice to implement the vision of Sheikh Mansour bin Zayed Al Nahyan, Vice President, Deputy Prime Minister, Minister of the Presidential Court, and Head of the Abu Dhabi Judicial Department, to establish a pioneering judicial system that keeps pace with all developments and changes, in line with government directives aimed at enhancing competitiveness and global leadership.

Review

The workshop reviewed the provisions of mediation in penal reconciliation.

The provisions were introduced by legislation with the aim of conducting the reconciliation process in criminal cases — and facilitating reaching an amicable settlement between the accused and the victim, by involving a third party to try to narrow the differences and bridge the rift between them in order to avoid referring the dispute to court, based on an agreement that satisfies both parties.

Mediation procedures in conciliation 

The speakers also dealt with mediation procedures in conciliation that fall within the discretionary power of the Public Prosecution. This pertains to crimes that expire by conciliation or waiver and take place before referring the case to the criminal court.

Mediation takes place between the accused and the victim in order to achieve reconciliation between them through a mediator under the supervision of the Public Prosecution — if it appears, given the conditions and circumstances of the case, that the settlement can guarantee redress for the harm suffered by the victim or end the consequences of the crime.

Settlement agreement

The discussion also touched on the impact of the settlement agreement and the consequences thereof — including the termination of the criminal case or suspending the execution of the judgment issued thereon, as the case may be.

After its approval by the Public Prosecution, the agreement is not subject to appeal.

Moreover, it is not permissible for the accused or the victim to withdraw from the approved agreement.

The minutes of the approval of the reconciliation shall have the power of the writ of execution, while reconciliation has no effect on the civil rights of the victim or the person injured by the crime, or on his right to resort to civil justice to claim final compensation for the injury incurred — unless he waives it or is covered by the reconciliation agreement

It is noteworthy that the Decree-Law on Criminal Procedures has allowed the competent judicial authorities to issue decisions related to regulating the mediator’s work in criminal mediation, the conditions that he must fulfill, the criteria for his selection, his role, and his obligations, while defining the referral procedures for mediation and its sessions.