تحديث قانوني
Federal Decree-Law No. (13) of 2025 is the new amendment that makes substantial changes to some provisions of the Crimes and Penal Code promulgated by Federal Decree-Law No. (31) of 2021. This amendment comes within the framework of the modernization of the penal system in the country with regard to security measures, crimes against state security, and other crimes. The law aims to strengthen community protection and tighten penalties for serious crimes, as well as to more closely regulate security measures and the role of judicial authorities in their implementation.
Article (134):
1. The measures provided for in this chapter may not be imposed on a person without proving that he or she has committed an offence stipulated in the law, and whose condition requires the application of such a measure in order to preserve the safety of society.
2. The offender shall be considered dangerous to society if, based on his actions, nature, behaviour, or the circumstances or motives of the crime he committed, there appears to be a high probability that he may re-offend or commit another crime.
3. Without prejudice to the provisions of Article (235) of this Law, the court that issued the judgment may, upon the request of the Public Prosecution, subject the offender sentenced to a liberty- restricting penalty for a felony to medical, psychological, and social examinations conducted by the correctional institution, for the purpose of relying on scientific findings. This shall take place during an initial evaluation period of not less than six (6) months following the completion of the sentence.
4.Criminal dangerousness shall be assessed according to a comprehensive evaluation of the offender’s condition, including his behaviour, the circumstances of the crime, and the medical, psychological, and social examination reports prepared during the evaluation period.
5. The court, upon issuing its judgment and based on a request from the Public Prosecution, shall order the imposition of one or more of the following measures, where the offender’s continued dangerousness is established and his condition requires it, in order to preserve public safety, for the duration specified by the court:
a.Committing the offender to a rehabilitation centre.
b.Committing the offender to a treatment facility.
ج. Placing the offender under electronic monitoring or supervision.
The Public Prosecution shall supervise the implementation of these measures and shall submit periodic reports to the court that issued the order, concerning the conduct of the person subject to the measure, at intervals not exceeding three (3) months.
Article (227)
1.The criminal case for crimes affecting the external or internal security of the State shall not expire with the expiration of the period.
2.The penalty imposed for crimes affecting the external or internal security of the State shall be waived only by full execution, by a comprehensive pardon or by special pardon.
3.Punishments restricting liberty sentenced to a crime against the external or internal security of the State shall not be subject to early release provided for in the Penal Establishments or Institutions Law in force or in any other legislation.
4. Except for the preceding clause, the court may, at the request of the Attorney General, order the suspension of the execution of the sentence restricting liberty imposed for a crime against the external or internal security of the State, if there are serious reasons to trust in the good will of the convict, subject to the imposition of one or more of the measures stipulated in Article (235) of this Law, provided that the period of the measure shall not exceed the period of the sentence sentenced or the remaining period thereof. The court may order the cancellation of the suspension order and return the convict to the penal institution to implement the remaining period, at the request of the Public Prosecutor, if the convict violates any of the conditions set by the court or commits a new intentional crime during the period of the measure in force.
Article (409):
1. The following shall be punished by imprisonment for a period of not less than six (6) months:
a.Has completed eighteen (18) years of age and engages in sexual intercourse, with consent, with a female who has also completed eighteen (18) years of age. The female shall be subject to the same penalty if she consented to the act.
b.Has completed eighteen (18) years of age and engages in consensual sexual contact with a person of the same sex who has completed eighteen (18) years of age.
2. A penalty of imprisonment for a period of not less than ten (10) years and a fine of not less than one hundred thousand (100,000) dirhams shall be imposed on any person who has completed eighteen (18) years of age and engages in sexual intercourse with a female, or engages in sexual contact with a male or female, who has not completed eighteen (18) years of age, even if with consent.
3. Consent shall not be recognised, for the purposes of Clause (2) of this Article, except in favour of a person who has completed sixteen (16) years of age.
4. The provisions of the Juvenile Delinquents and Persons Exposed to Delinquency Law shall apply to:
أ. Any person who has not completed eighteen (18) years of age and engages, with consent, in sexual intercourse with a female or sexual contact with a male.
ب. Any female who has not completed eighteen (18) years of age and consents to sexual intercourse with a male, or engages in sexual contact with a female.
5. No criminal case shall be instituted for the offences referred to in Clause (1), subparagraphs (a) and (b) of this Article, except upon a complaint submitted by the husband or the guardian. The husband or guardian may waive the complaint, and such waiver shall result in the termination of the criminal case or the suspension of the execution of the penalty, as the case may be.
Article (417):
A penalty of imprisonment for a period of not less than two (2) years, and a fine, shall be imposed on any person who incites, entices, lures, or induces a male or female, by any means, to engage in debauchery or prostitution, or assists such person in committing it.
The penalty shall be imprisonment and a fine if the victim has not attained the age of eighteen (18) years.
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