Restorative Criminal Justice: A Study in the Legislation of the United Arab Emirates

Abstract

The study aimed to elucidate the concept of consensuality in restorative criminal justice as a mode of handling criminal cases, in addition to consensuality in criminal reconciliation. This includes understanding criminal reconciliation as a means to alleviate the burden on courts by offering amicable solutions and mitigating social tension resulting from crimes, a concept referred to as consensual criminal justice. This involves practices of consensuality, such as those between the state and the accused in the absence of the victim, as seen in criminal orders.

The study employed a descriptive-analytical method and a comparative method to clarify the nature of criminal reconciliation as an effective alternative to criminal litigation, thanks to its flexibility in addressing disputes amicably. It allows the victim to receive financial compensation and the accused, who proves their innocence, to obtain fair compensation for damages suffered, as seen in federal and comparative legislation. The study concluded with findings and recommendations, the most important of which was that criminal justice is not limited to the rights of the crime victim alone but also includes the rights of the accused when it appears they were wrongfully accused.