The system of recognition in exchange for leniency in the Emirati criminal legislation: A critical analytical study.

This study explores the plea bargaining system in exchange for sentence mitigation as adopted within UAE criminal legislation, providing an analytical and critical examination of its legal foundations, objectives, and practical applications. The system allows an accused person to confess to the crime or provide crucial information in return for a reduced sentence or lighter penalty, aiming to expedite judicial proceedings, reduce the burden on courts, and enhance judicial efficiency. The research begins by clarifying the concept and origins of plea bargaining, tracing its development in comparative criminal systems, especially in the United States and some European jurisdictions. It then examines the extent to which this system has been integrated into the UAE's legal framework, with a focus on the procedural and substantive safeguards surrounding its application. The study critically analyzes the conditions for accepting plea bargains in the UAE, the types of crimes to which it may apply, and the role of both prosecution and judiciary in approving such agreements. It also addresses concerns regarding potential infringements on the defendant’s rights, including the risk of coerced confessions or imbalance in negotiating power. Ultimately, the research highlights the benefits of the system in ensuring faster justice and reducing litigation costs but stresses the need for clear legal controls to guarantee transparency, voluntariness, and fairness. The study recommends legislative amendments and judicial guidelines to enhance the effectiveness and constitutional legitimacy of plea bargaining in the UAE.