الآثار القانونية للصلح الجزائي في القانون الإماراتي

Penal conciliation in general is a tool for the expiration of the criminal case or the suspension of the execution of the judgment and the avoidance of the issuance of a penal judgment in the criminal incident. legally in the narrow sense, the penal conciliation is a legal, procedural, voluntary action from two sides on which the law produces effects, and the will is involved in determining these effects, which are the expiration of the state’s authority to punish and the expiration of the criminal case or the suspension of the execution of the judgment. Conciliation may be made in respect of it. It is the trial court that exercises this right, regardless of the legal description of the incident contained in the indictment, the indictment, or the complaint summons. For the validity of the conciliation, it is required that it be in place of a crime that was actually committed, so every crime that is not proven with certainty is excluded from the scope of the criminal conciliation, and it also excludes every crime that has been extinguished by prescription or by one of the other causes of lapse, such as a general amnesty, since conciliation only responds to an existing crime at the time of agreement on it. And the penal conciliation expires by which all the effects of the judgment issued by the criminal case, whether they are principal, accessory or supplementary penalties, or any other penal effects other than confiscation, and the court may make the stay of execution include any subsidiary penalty except for confiscation Penal conciliation takes place by submitting a request to prove conciliation to the Public Prosecution or the court in crimes in which conciliation may be made between the accused and the victim or his private agent. Therefore, the request to prove conciliation may not be accepted to the Public Prosecution or the court, as the case may be, unless the request is submitted by those who are legally authorized to do so.