The Procedures of Substitnting Death with Imprisonment Punishment after the Pardoning by of Close Relatives in Murder crime

Abstract

The text of Article 331 of the UAE criminal act which is derived from Sharia law states that punishment of murder crime is death. In accordance with the of Maliki jurisprudene which is effective in United Arab Emirates the punishment should be imprisonment for a year after pardoning, according to Article (332/3) which reads: (penalty shall be imprisonment for no less than one year if close relatives gave up their right of death punishment in any stage of the criminal case or before implementation. It is noted that Article (332/3) above and the law of the UAE Federal Criminal Law Procedure do not mention the procedures to be followed when the amnesty granted after death verdict and before its implementation. There is no doubt that this raises practical problems. This study came to address those issues, according to the comparative analysis method between the legislations of the UAE and Jordan, by determining the proceedings that should be taken into consideration when replacing the death with imprisonment penalty after granted amnesty victim's family.