Settlement in Criminal Disputes: Key Facets and Application under the Dubai Criminal Court Rules

Introduction

In recent years, alternative dispute resolution (ADR) mechanisms have become increasingly significant across all legal systems around the world, including in criminal law. Within the UAE legal framework, the Criminal Court of Dubai recognises settlement as a viable resolution method for certain criminal cases. These settlements aim to resolve disputes amicably, bypassing lengthy judicial processes, particularly when the parties involved reach a mutual agreement outside of the courtroom. In this article we examine the concept of settlement in criminal disputes, its legal application in Dubai, and the associated benefits and challenges.

Understanding Settlement in Criminal Disputes

Criminal disputes involve offences that are considered harmful to society, with the state acting as the prosecutor. However, under specific circumstances, settlements between the victim and the accused may resolve the matter without going before the courts. These agreements often include compensatory payments, formal apologies, or an agreement to drop charges. Settlements depend on the nature of the offence and the willingness of both parties to reconcile.

Legal Framework for Settlement in Dubai

The UAE legal system, which integrates civil law and Islamic principles, supports settlement mechanisms, particularly in minor offences or where the victim is open to reconciliation. The UAE Penal Code provides a basis for such settlements, including provisions for diya (blood money) and reconciliation agreements.

Under these provisions:

• Diya allows victims or their families to forgive the accused in exchange for financial compensation, particularly in cases of personal injury or unintentional harm.
• Reconciliation agreements may include financial or non-financial restitution and must comply with UAE law.

Mechanisms for Settlement in Dubai’s Criminal Court

Reconciliation Process: The Dubai Criminal Court facilitates reconciliation where the victim and accused agree to a private settlement. Mediators or legal advisors may assist in reaching a mutually satisfactory resolution.

Role of the Prosecution: The Public Prosecutor may encourage settlement in cases where it serves the public interest and aligns with legal provisions.

Blood Money (Diya): In personal injury or accidental homicide cases, the accused may compensate the victim's family with diya to avoid further prosecution, provided the family agrees.

Legal Validity and Limitations of Settlements

While settlements may result in reduced sentences or dismissal of charges, not all crimes qualify for this mechanism. Serious offences in the UAE are explicitly excluded from settlement to uphold public order and the rule of law.

Crimes Not Eligible for Settlement Include:

• Terrorism-related offences: Acts that threaten national security.
• Intentional murder: Reconciliation is typically prohibited in such cases.
• Sexual offences: Crimes such as rape and harassment face strict penalties.
• Crimes against public funds: High-level corruption and embezzlement and theft and forgery are excluded.
• Drug-related crimes: Trafficking and possession are considered grave offences.

Excluding these crimes ensures that settlements do not undermine the justice system's integrity. Additionally, all settlement agreements must align with legal standards, be voluntary, and respect public policy.

Benefits of Settlement in Criminal Cases

Settlements can be beneficial for the following reasons:

• Efficiency in legal proceedings through reducing court backlogs and expedite case resolutions, saving time and resources.
• Restorative justice by fostering reconciliation, allowing parties to repair relationships and achieve closure.
• Cost savings as both parties avoid prolonged litigation and associated expenses.

Challenges and Limitations

However, settlements can also bring concerns including:

• Power imbalances due to disparities in resources or influence that may pressure victims into accepting settlements.
• Public perception and image as settlements may be viewed as a way to “buy” freedom, potentially undermining confidence in the judicial system.
• The incompatibility of settlements with serious crimes whereby they are are not applicable to heinous offences, limiting their overall scope.

Eligible Cases and Procedures for Settlement

Crimes Eligible for Settlement:

• Misdemeanours: Minor offences with reparable harm.
• Family Disputes: Domestic conflicts often resolved through reconciliation.
• Financial Offences: fraud, and breach of trust, where compensation is feasible.

Reconciliation Procedures:

• Direct Negotiation: The victim and accused agree on restitution.
• Mediation: A neutral mediator facilitates a resolution.
• Court Supervision: Settlements are reviewed and approved to ensure fairness.
• Public Prosecution Oversight: In cases of public interest, the prosecution may oversee the process.

Execution of Settlement Agreements:

• Terms are formalised in writing, including compensation or community service.
• The court or prosecution ensures compliance and, upon approval, dismisses or resolves the case.

Conclusion

Settlement mechanisms within Dubai's criminal justice system offer a pragmatic approach to resolving disputes, fostering efficiency, restorative justice, and reconciliation. However, their application requires stringent oversight to ensure fairness, transparency, and alignment with public interest. Balancing alternative dispute resolution with the need to uphold law and order will be crucial for maintaining the integrity of Dubai’s judicial system.

Horizons & Co. has one of the most prominent criminal practices in the UAE and wider region with unparallel experience of representing parties on both sides on these highly emotive and life changing cases. Should you need support do not hesitate to reach out to us.