This article outlines how certain criminal cases in the UAE may be resolved outside of formal court proceedings under Federal Decree-Law No. 38 of 2022. It explains when criminal settlement is permitted, the legal conditions required, and its practical effects, offering a clearer understanding of this structured, alternative approach to justice.
What is Criminal Settlement
Legal systems are increasingly adopting alternative methods for dispute resolution in place of traditional court procedures. One such alternative in the UAE is criminal settlement, regulated under Federal Decree-Law No. (38) of 2022 on Criminal Procedures. This mechanism allows a settlement between the accused and the victim, avoiding formal judicial proceedings. In essence, it is an agreement whereby the victim waives the complaint or the right to prosecute in exchange for certain terms, such as compensation or a formal apology.
Difference Between Criminal and Civil Settlement
Criminal settlement differs from civil settlement in that it directly affects the outcome of the criminal case. It may result in the dismissal of charges or suspension of legal proceedings, thereby shielding the accused from severe penalties such as imprisonment or fines. At the same time, the victim receives compensation or redress for the harm caused.
Conditions of Settlement
A valid criminal settlement must be based on the free consent of both the victim and the accused, without coercion. The victim must formally waive the right to file a criminal complaint or seek compensation. The agreement must be documented in writing before the competent authority, whether public prosecution, the court, or designated reconciliation centres. Criminal settlement is not permitted in major crimes such as premeditated murder or offences affecting public security.
Crimes Eligible for Settlement
- The Decree-Law provides a list of specific offences eligible for settlement. These include:
Threatening to commit a felony against a person or property - Defamation or slander through public means or by phone
- Verbal or written threats
- Unauthorised recording or transmission of private conversations
- Taking or sharing images of individuals in private places
- Use of vehicles or motorcycles without the owner’s consent
Other similar offences listed in the law may also be eligible.
How Settlement Is Concluded
Settlement may be initiated by the victim or their authorised representative. It can be recorded before the prosecution or the court, or submitted in a written document attached to the case file. Conditional or time-based settlements are not recognised under the law.
Legal Effects of Settlement
A valid settlement leads to the termination of the criminal case or suspension of the sentence if agreed after a final judgment. It does not affect the victim’s right to pursue civil compensation unless that right is also waived or covered in the settlement. In cases with multiple victims, all must agree for the settlement to take effect. A settlement with one of several accused individuals applies to the rest. Once the case is dropped through settlement, no criminal record is registered against the accused, preserving their legal reputation.
Conclusion
Criminal settlement serves as a practical tool for achieving restorative justice. It helps reduce the burden on the judiciary while protecting the rights of victims and supporting the public interest. For eligible offences, it offers a structured and legally recognised way to resolve disputes outside the courtroom.
About the Author
Reda Hegazy, Partner at Alsuwaidi & Company, advises clients on complex criminal, civil, and commercial matters. He represents clients in high-value disputes and regularly appears before courts and arbitral tribunals across the UAE. Reda has particular experience in criminal procedures, including settlement mechanisms under UAE law.
For further enquiries, please contact Reda on reda.hegazy@alsuwaidi.ae
