Fair trial guarantees in the light of the adoption of remote communication technology in criminal proceedings in the United Arab Emirates: A comparative study

Dr. Omar Abdul Majeed Musabah
Assistant Professor of Criminal Law – Law Department
Community College – University of Sharjah

This study aims at considering fair trial guarantees in the light of adopting remote communication technology in criminal procedures as established by federal law no. 5/2017. This technique has tangible benefits on the legal services development, starting with rapid completion of transactions, decreasing the duration of trial sessions, accessing the concept of the e-court, and achieving the principles of adjudication of cases within reasonable time.
It is quite known that adopting the audio-visual communication technology has positive consequences in regards to reducing financial burdens of the trail parties. In addition, the this study shall focus on the legitimacy of conducting a trial remotely, as well as the technical and legal guarantees at various stages which in return shall make a radical change in the criminal justice system. Hence the question arises as to what extent has the federal legislator succeeded in setting out principles for ensuring a fair trial process through the adoption of smart procedures?
To answer this question, we have followed the theoretical and analytical approach through studying and analyzing the clauses of federal law, and all other relative clauses. Accordingly, in this study we presented the general framework of using the remote communication technology in legal procedures in the first chapter. Based on that, the second chapter included the impact of adopting remote communication technology on achieving a fair trial. Hence, we have concluded several findings, for instance: legislating the using of remote communication technology through a fair trial in the United Arab Emirates that shall determine the type of crimes for which the remote communication technology can be used.
Keywords: Judiciary, Criminal, Electronic, Reasonable Times, Justice.

Read Full PDF Text (Arabic)