Federal Law No. (5) of 2022 Concerning Rehabilitation

Restoration of Honor in the UAE: Your Comprehensive Guide

Restoration of Honor in the UAE: Your Comprehensive Guide

Restoration of Honor in the UAE: Your Comprehensive Guide According to Law No. 5 of 2022

A conviction does not mean the end of the road; UAE law provides every convicted person a real opportunity to regain their legal and social status through what is known asRestoration of Honor.This organized legal procedure removes the criminal effects of the judgment and fully restores a person's eligibility and rights, but accessing it requires a precise understanding of the procedures, timelines, and conditions. This is where the role of a specialized lawyer comes in.

AtAwad Al-Muhairi Law Firm and Legal Consultations, we believe that everyone deserves a second chance, and we are committed to guiding our clients through every step of the restoration process until the desired outcome is achieved.


First: Basics of Restoration of Honor

Who is the applicant in the Law of Restoration of Honor?

The applicant is the convicted person who submits a request for restoration according to the prescribed legal procedures.

Who does the Law of Restoration of Honor apply to?

Restoration of Honor applies to every convicted person in misdemeanors or felonies, according to the provisions of this law.

What are the types of Restoration of Honor?

Restoration of Honor is classified according to the provisions of this law as follows:

  1. Legal Restoration.
  2. Judicial Restoration.

Second: The difference between Legal and Judicial Restoration

Comparison PointsLegal RestorationJudicial Restoration
Issuing AuthorityThe Public Prosecution by a decision according to Article (4)The competent court by a ruling according to Article (5)
Type of CrimeNon-serious misdemeanorMisdemeanors and serious felonies affecting honor or state security
ProcedureAdministrative decision from the Public ProsecutionJudicial ruling issued by the competent court
Behavior RequirementExecution of the penalty or pardonProving good conduct and self-reform since the judgment was issued

Third: Conditions for Legal Restoration

The Public Prosecution issues a decision for legal restoration if the following conditions are met:

  • The judgment must be a conviction for a non-serious misdemeanor.
  • The penalty imposed must have been served or pardoned.
  • If the judgment considered the convicted person a repeat offender or the penalty has lapsed due to the passage of time, legal rehabilitation is granted after six months from the execution of the penalty, its pardon, or its lapse due to time.

Fourth: The time periods required for judicial rehabilitation

Judicial rehabilitation is granted by a ruling from the competent court provided that one of the following periods has elapsed from the date of completing the execution of the penalty or the issuance of a pardon:

Type of crimeRequired period
Non-serious feloniesSix months
Misdemeanors and serious felonies affecting honor and integrityOne full year
Felonies affecting state securityTwo years
In cases of a ruling of recidivism or the lapse of the penalty due to timeThe above-mentioned periods are doubled.

Fifth: Where does the period for rehabilitation begin?

  1. If the penalty is accompanied by a non-custodial measure, the period begins from the date of the release of the convicted person, provided they adhere to the implementation of the measure.
  2. If the convicted person was released conditionally, the period begins from the date of their release unless they commit any crime until the conditional release becomes final.
  3. Notwithstanding the previous two clauses, if the measure was issued in a felony affecting state security, the period begins from the day the measure ends. If the measure was issued in a serious felony, the period begins from the day the measure ends or from the day the conditional release becomes final, whichever is longer.

Sixth: General conditions required for granting rehabilitation

Rehabilitation requires the following conditions to be met:

  1. That the convicted person fulfills all financial obligations imposed on them by the state or individuals, unless these obligations have expired or the convicted person proves that they are unable to fulfill them.
  2. If multiple judgments have been issued against the applicant, rehabilitation can only be granted if the conditions stipulated in this law are met for each judgment, taking into account the duration based on the most recent judgments.
  3. The applicant for rehabilitation must be residing in the state at the time of submitting the application.
  4. If the convicted person has been sentenced jointly, it is sufficient for them to pay their share of the debt, and if necessary, the competent court will assess the portion they are required to pay.

Seventh: How to submit a request for rehabilitation and the required documents.

The request for legal and judicial rehabilitation must be submitted to the public prosecution office corresponding to the applicant's place of residence, and the request should include the following:

  • The necessary information to identify the applicant for rehabilitation.
  • The places where the applicant has resided since their release or since the judgment was issued.
  • A copy of the judgment issued against the applicant and proof of its execution or expiration due to the passage of time or pardon.

The information requested by the public prosecution from the Ministry of Interior.

The public prosecution addresses the Ministry of Interior to provide the following information:

  • A review of the criminal record since the date of their release or since the judgment was issued.
  • A report on their behavior during the execution period.
  • A report on their circumstances in the places where they resided after execution.

Eighth: The court's powers when considering the request for judicial rehabilitation.

  1. The competent court, when considering the request for rehabilitation, may hear the statements of the public prosecution and the applicant, and may obtain any information it deems necessary, with the applicant being notified to attend at least three days before the session.
  2. The court decides on the restoration of judicial status when the conditions are met if it sees that the behavior of the applicant since the judgment warrants trust in their self-assessment.

Ninth: What are the consequences of rejecting the request for restoration?

If the request for restoration is rejected due to the behavior of the convicted person, it cannot be renewed until after six months from the date of rejection. In other cases, it may be renewed whenever the necessary conditions are met.


Tenth: How is the restoration recorded?

The public prosecution sends a copy of the judgment or decision of restoration to the courts that issued the conviction, and works to register it in the criminal systems established for this purpose.


Eleventh: Cases for canceling the judgment or decision of restoration

The judgment or decision issued for restoration is canceled in the following cases:

  1. If it appears that the convicted person has other judgments against them that were not presented before the competent court or public prosecution.
  2. If they are convicted after restoration for a crime that occurred prior.
  3. Non-compliance of the convicted person with the prescribed measures.
  4. Non-compliance of the convicted person with the conditions and regulations of conditional release.

The cancellation request is submitted by the public prosecution, and the judgment or decision of cancellation is issued by the competent court or public prosecution as appropriate.


Twelfth: Consequences of restoration

The following consequences result from restoration:

  1. The removal of all criminal consequences of the conviction judgment for the future.
  2. The removal of the resulting incapacity and deprivation of rights.

Can restoration be invoked against third parties?

Restoration cannot be invoked against third parties regarding the rights that arise for them from the conviction judgment, especially concerning restitution and compensations.


Thirteenth: Crimes that are not considered prior offenses requiring restoration

For the purposes of applying the provisions of this law, the rulings issued in the following crimes are not considered as precedents requiring a request for rehabilitation:

  1. Crimes for which specific laws state they are not considered criminal precedents.
  2. Crimes whose prescribed penalty in law or the penalty imposed is freedom without imprisonment or only a fine.
  3. Juvenile delinquency or at-risk youth offenses.
  4. Crimes for which rulings have been issued to suspend execution.
  5. Crimes for which a penal order has been issued.
  6. Crimes concluded with a penal settlement or reconciliation.

Fourteenth: Final Provisions

How is the issuance of a criminal status certificate organized?

The mechanism for issuing a criminal status certificate and the rules, procedures, and forms related to it are organized by a decision from the minister, based on a recommendation from a special committee formed by him that includes the relevant authorities.

Who determines the necessary fees?

The Council of Ministers issues a decision to determine the necessary fees for implementing the provisions of this law.

Laws repealed by this law

  1. Federal Law No. (36) of 1992 concerning rehabilitation is repealed.
  2. Any provision that contradicts or conflicts with the provisions of this law is repealed.
  3. The decisions and regulations in force before the implementation of this law shall continue to apply, provided they do not conflict with its provisions, until replacements are issued.

When did this law come into effect?

This law was published in the official gazette and shall come into effect three months from the date of its publication.


Fifteenth: Frequently Asked Questions about Rehabilitation

When does the lawyer's role come into play in rehabilitation cases?

The role of the lawyer does not begin only when submitting the application, but starts much earlier. A specialized lawyer is the one who evaluates your entire legal situation, determines whether you are eligible for legal or judicial rehabilitation, and ensures that all conditions are met before proceeding with the application. Submitting an incomplete application or at an inappropriate time may lead to rejection and add unnecessary delays.

What is the best time to submit a rehabilitation application?

The ideal timing is as soon as the legal conditions are fulfilled and the specified period has elapsed. Delaying the submission does not add any advantage; rather, it may prolong your exposure to the legal restrictions resulting from the judgment. Consulting a lawyer early allows you to prepare well and gather the required documents in a timely manner.

Can a rehabilitation application be submitted without a lawyer?

In theory, yes, but in practice, the answer is completely different. The rehabilitation process goes through the public prosecution and may reach the competent court, requiring reports, investigations, and precise documents. Any procedural error or deficiency in the file may lead to rejection. A specialized lawyer ensures the integrity of the file from the start.

What happens if the rehabilitation application is rejected?

Rejection due to the behavior of the convicted person means waiting a full six months before reapplying. This delay can be avoided with proper preparation from the beginning.Awad Al-Muhairi Law Officeis keen to present the file in a comprehensive manner that minimizes the likelihood of rejection to the lowest possible level.

How does the lawyer prepare the rehabilitation file?

The lawyer works on gathering all required documents, following up on reports issued by relevant authorities, and preparing a solid legal memorandum that presents the client's complete situation in the best possible light before the public prosecution or the competent court.

Does rehabilitation restore all rights?

Restoration of honor removes the criminal effects of the ruling and reinstates legal capacity and civil rights for the future, opening the door to regaining professional and social status. However, there are rights of third parties that are not covered by restoration, which the specialized lawyer clarifies for each client according to their situation.

Does restoration of honor affect residency and work status?

Regaining full legal capacity positively reflects on a person's professional and administrative status. The details of this effect vary from case to case, which is why it is advisable to discuss your specific situation with a specialized lawyer who can provide you with a clear and accurate picture.

Is the first consultation sufficient to determine my eligibility for restoration?

Yes, in the first consultation withAwad Al-Muhairi Law Firmour legal team can evaluate your situation comprehensively and clearly inform you: whether you are eligible to apply now, what you need to fulfill, and the best course of action for your case.

Why shouldn't you delay seeking legal consultation?

Every day of delay is an additional day in which the legal effects of the ruling remain in force on your professional and social life. Legal timeframes may have already expired without your knowledge, meaning you have delayed regaining your rights without justification. Don't wait, contactAwad Al-Muhairi Law Firm and Legal Consultationstoday and get an immediate assessment of your legal situation.


Why do our clients choose Awad Al-Muhairi Law Firm?

Because dealing with restoration cases requires specialized legal expertise and a deep understanding of procedures, timeframes, and requirements. AtAwad Al-Muhairi Law Firm and Legal Consultationswe provide each client:

  • an accurate assessment of their complete legal situation.
  • a clear and well-studied legal plan.
  • professional follow-up at every stage until the restoration decision is issued.
  • legal representation before the public prosecution and competent courts.

For specialized legal consultation on rehabilitation cases, contact the office team for the appropriate legal support for your situation.