The limits of the judge's authority when hearing the criminal case according to the latest legislation in the United Arab Emirates Federal Decree-Law No. (38) of 2022 - a comparative study.

Document Type : Original Article

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College of Law - University of Sharjah

Abstract

This study dealt with one of the important topics related to the limits set by the law for the authority of the criminal judge if a case was presented to him and he ruled in it due to his discretionary authority. The principle of the judge’s conviction, and with an indication of the legal controls and guarantees that regulate that authority, whether the judge’s ruling is stripped of the legal basis. Among the invalidity of the sentence if it came without its reasons, the reasoning is part of the ruling that revolves with it whether or not, and the study concluded that it is necessary to explicitly stipulate in Article (210) of the Federal Code of Criminal Procedure to stipulate the invalidity of any evidence presented to the judge that was made through an illegal procedure, This is similar to the Egyptian law, which explicitly stipulates this through Article (302).

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