Federal Law No. (5) of 2022 Regarding Rehabilitation
Federal Law No. (5) of 2022
Regulates legal and judicial rehabilitation after criminal convictions, including eligibility periods, applications, court and prosecution procedures, effects of rehabilitation and police-clearance arrangements.
Overview
What this legislation covers
Regulates legal and judicial rehabilitation after criminal convictions, including eligibility periods, applications, court and prosecution procedures, effects of rehabilitation and police-clearance arrangements.
Who or what it applies to
- Persons seeking legal or judicial rehabilitation after conviction.
- Public Prosecution offices receiving and processing applications.
- Competent criminal courts deciding judicial rehabilitation applications.
- Authorities issuing and relying on criminal-record and police-clearance information.
Key points
Important points at a glance
Applies to persons convicted of misdemeanors or felonies subject to the law.
Creates two forms of rehabilitation: legal rehabilitation and judicial rehabilitation.
The Public Prosecution issues legal rehabilitation decisions in the cases prescribed by the law.
Judicial rehabilitation is decided by the competent court after statutory waiting periods.
The law regulates calculation of waiting periods and conditions concerning financial obligations and residence.
Applications are submitted through the competent Public Prosecution with specified supporting information.
The court may hear the prosecution and applicant and gather information before deciding.
Rehabilitation ends future criminal effects of the conviction and specified incapacity/deprivation consequences.
The law regulates revocation where later-discovered convictions or other statutory grounds exist.
Federal Law No. (36) of 1992 concerning rehabilitation is repealed.
Practical explanation
Understanding the law
Purpose and scope
The law creates a formal route for a person with a criminal conviction to obtain legal or judicial rehabilitation once the statutory conditions are satisfied.
Legal vs judicial rehabilitation
Legal rehabilitation is handled by the Public Prosecution in the qualifying cases specified by the law. Judicial rehabilitation requires a judgment from the competent court and applies to the categories identified by the statute.
Waiting periods
The applicable period depends on the conviction category and may be extended in cases such as recidivism or lapse of sentence by limitation. The current classification of relevant offences should be checked before relying on a period.
Application procedure
The applicant files through the competent Public Prosecution and supplies judgment and sentence information. The prosecution obtains additional criminal-record and conduct information before deciding or referring the matter to court.
Effects of rehabilitation
Rehabilitation removes specified future criminal effects and certain restrictions resulting from the conviction, but it does not extinguish third-party civil rights such as restitution or compensation arising from the judgment.
Police clearance
The law separately authorizes ministerial rules governing Police Clearance Certificates, so current administrative procedures should also be consulted.
Related instrument
Cabinet Resolution No. (140) of 2024 is important for identifying offences linked to judicial rehabilitation classifications.
Practical notes
- Eligibility depends on the classification of the conviction, completion or lapse of the sentence and the applicable waiting period.
- Financial obligations arising from the judgment can affect eligibility unless statutory exceptions apply.
- An applicant should check the current Cabinet classifications of offences requiring judicial rehabilitation.
- Local judicial decisions may designate the competent court for rehabilitation applications.
Legislation text
Text and provisions
Official-text notice. This file is a structured English rendering prepared from the UAE Legislation portal and the official sources listed in the package. It is not represented as the legally controlling Arabic text. For interpretation and application, consult the original Arabic text and the latest Official Gazette / official UAE legislation source.
Federal Law No. (5) of 2022 — Rehabilitation
Verified legislative metadata
| Instrument | Federal Law No. (5) of 2022 |
|---|---|
| Issued date | 2022-12-13 |
| Effective date | 2023-03-13 |
| Status | Active / in force |
| Official source | UAE Legislation |
Structured rendering of the legislation
Article 1 — Definitions
Defines core terms used in the rehabilitation framework, including the Ministry, Minister and applicant.
Article 2 — Scope
The law provides a rehabilitation mechanism for persons convicted of misdemeanors or felonies in accordance with its provisions.
Article 3 — Types of rehabilitation
Rehabilitation is divided into legal rehabilitation and judicial rehabilitation.
Article 4 — Legal rehabilitation
Provides for a Public Prosecution decision granting legal rehabilitation in qualifying cases after execution of sentence, pardon or the statutory lapse of the sentence, including the waiting-period rules stated in the article.
Article 5 — Judicial rehabilitation
Provides for court-ordered rehabilitation after the statutory periods. The official text distinguishes categories of offences and includes longer periods for specified offences and for recidivism or limitation-related cases.
Article 6 — Calculation of the rehabilitation period
Sets rules for calculating the period where non-custodial measures or conditional release are involved, with special treatment for specified security-related offences.
Article 7 — General conditions
Addresses satisfaction of financial obligations, multiple convictions, residence in the UAE at the time of application and allocation of jointly imposed debt.
Article 8 — Application procedure
Applications are submitted to the competent Public Prosecution with identifying data, residence history and evidence concerning the judgment and execution, lapse or pardon. The prosecution obtains criminal-record and conduct information and either issues a legal-rehabilitation decision or refers a judicial-rehabilitation application to the competent court.
Article 9 — Court powers
The competent court may hear the Public Prosecution and applicant, gather information and grant rehabilitation when the statutory conditions are met and the applicant's conduct supports the decision.
Article 10 — Rejection and renewed application
Where rejection is based on the applicant's conduct, a renewed application is subject to the waiting period set by the law; other applications may be renewed once the necessary conditions are met.
Articles 11–12 — Registration and revocation
The Public Prosecution communicates rehabilitation decisions/judgments for registration in criminal systems. The law also specifies circumstances in which rehabilitation may later be revoked.
Articles 13–14 — Legal effects and third-party rights
Rehabilitation terminates specified future criminal effects and consequences affecting capacity or rights, but it does not erase rights acquired by third parties under the conviction, including restitution or compensation claims.
Article 15 — Convictions not requiring rehabilitation
The law lists categories of judgments that are not treated as prior convictions requiring rehabilitation for its purposes.
Article 16 — Police Clearance Certificate
The Minister regulates the mechanism, rules, procedures and forms for issuing Police Clearance Certificates based on the committee process described by the law.
Article 17 — Fees
The Cabinet determines fees necessary to implement the law.
Article 18 — Repeal
Repeals Federal Law No. (36) of 1992 concerning rehabilitation and conflicting provisions, while preserving existing regulations to the extent they do not conflict until replaced.
Article 19 — Publication and entry into force
The law provides for publication in the Official Gazette and entry into force three months after issuance.
Related 2024 classification resolution
Cabinet Resolution No. (140) of 2024 identifies misdemeanors and felonies of concern or involving moral turpitude or breach of trust for purposes connected with judicial rehabilitation. It should be checked when assessing a specific conviction.
Verification
Official source & references
Official legislation sourcehttps://uaelegislation.gov.ae/en/legislations/1615Open ↗This page is a research and educational resource. Legislation can be amended, repealed, supplemented by regulations or interpreted by courts and authorities. Obtain advice before relying on it for a live matter.