The annual report of the penal orderinitiative for 2020, issued by Dubai Public Prosecution, showed positive andprominent results during the year. The initiative overcomes the challenges anddifficulties arising due to Covid-19 pandemic.  

The penal order allows minormisdemeanors and offences to be dealt with through fines rather than transferringto the court.

The penal order achieved bestresults, reducing time and effort as well as significantly improving legal andlegislative framework to cope with the general development of Dubai.

Adviser/ Essam Issa Al Humaidan,Dubai’s Attorney General, said that the penal order initiative had a prominentresults since it was launched by law No. 1 of 2017 by order of H. H. SheikMohamed Bin Rashid Al Maktoum, vice president, prime minister and ruler ofDubai.

“The initiative achieved best resultsaccording to the plans. It reduced efforts and procedures, speeded judicialwork and supported justice. Implementing the order allows courts to focus moreon some serious offences, thus significantly improving efficiency of justiceand reduces routine,” Al Humaidan said in a statement.

“Applying the penal order achieved remarkableresults, with reducing time and efforts, with speeding work process, thussupporting justice”, Al Humaidan added.

The Attorney General indicated that16,289 cases were settled out of court last year (2020) under the Penal Order, with14,688 cases settled this year, which involved Dh 48,125,225 in finesduring 2020.

Outcomes of applying Penal Order:

First: Number of casescompleted under Penal Order:

 The number of penal order cases dropped in2020 due to the pandemic and closures. Limiting the social and economicactivities reduced the cases.

The monthly average of cases settledunder penal order during 2020 was around 1,357 cases monthly. Casesdistribution over months was as follows: January 2,040 cases (Highest month in2020); February 1,970 cases; March 1,486 cases; April 5 cases; May 50 cases;June 733 cases; July  1,233; August 1,507cases; September 1,751 cases; October 1,618 cases; November 1,916 cases; andDecember 1,579 cases.

The Covid-19 pandemic has contributedto a drop in the number of cases in April and May 2020, in April 5 cases andMay 50 cases only. Meanwhile, cases in January of the same year were 2040cases.

–      Cases settled under penalorder according to the Prosecution Jurisdiction:

Deira’s prosecution had the largest share of cases dismissedunder penal order during 2020, based on Prosecution Jurisdiction. DeiraProsecution share represent 51% of the total cases dismissed under penal order,although it has declined from 14,250 in 2019 to 8,331 in 2020.

It was followed by Bur Dubai Prosecution representing45% of the total cases dismissed under penal order, with decline from 14,091 in2019 to 7,387 in 2020.

Meanwhile, Residency and Nationality Prosecutionrepresenting 3% of the total cases dismissed under penal order, with declinefrom 855 in 2019 to 409 in 2020.

Traffic Prosecution share represent 1% of the total cases dismissedunder penal order, with decline from 444 in 2019 to 162 in 2020.

–       Cases settled under penal order according to accusations:

Majority of cases completed by thepenal order were bounced cheques cases. Such cases reflect the huge financialtransactions in Dubai due to its financial and economic global position.

Dubai’s Attorney General said thatbounced cheques were the majority of cases last year accounting for 83%compared to 88% in 2019. The total number of bounced cheque cases stood at 13,958in 2020 compared to 25,958 in 2019.  

Failure to pay cases represents 3% oftotal cases under penal order in 2020. In 2020 it was 490 cases compared to 971in 2019.

 Other charges represent 14% of the totalcharges in 2020 with 2,282 cases, compared to 2019 as it was 2,692 representing9%.

Cases of bounced cheques under penalorder, according to the cheque value was as follows: bounced cheques cases dueto insufficient balance with value below AED 50 thousand was 67% of the totalcases in 2020 and in 2019 also. In 2020 it was 9,091 cases and 17,836 cases in2019.

Bounced cheques cases due to accountwithout balance, with value above AED 50 thousand and below 100 thousand was 22%of the total cases in 2020. In 2020 it was 2,943 cases and 5,642 cases in 2019.

Bounced cheques cases due to accountwithout balance, with value above 100 thousand was 11% of the total cases in2020. In 2020 it was 1,483 cases and 2,903 cases in 2019.

–    Criminal Cases settled underpenal order in presence or absence of parties:

The number of cases settled under penal order in presence of partiesrepresents 74% of the cases in 2020, with 11,662 cases. Meanwhile, casessettled in absence of parties were 26%, with 4,195 cases.

The number of cases settled underpenal order in presence of parties represents 77% of the cases in 2020, with 22,887cases. Meanwhile, cases settled in absence of parties were 23%, with 6,742 cases.

Second: number of criminalcases settled and executed under penal order:

Regarding execution, His Excellencysaid that DPP work on execution orders issued, including penal order, andfollow up until the end within the legal and legislative frame. The resultsshow that applying penal order raised execution percentage above the targets.

Execution of judgments in criminalcases under penal order reached 93% during 2020 with 14,688 cases, meanwhileunexecuted judgments was 1,169 representing 7% of total judgments. 

Execution of judgments in criminalcases under penal order reached 96% during 2019 with 28,369 cases, meanwhileunexecuted judgments was 1,260 representing 4% of total judgments. 

–    Number of cases adjudicatedunder penal order in presence and absence of parties according to executionlevel:

Execution of judgments in penal order reached 99.9% in 2020, and this isthe same as 2019, with 11,657 cases. Non-executed cases in presence of partieswere 5 cases in 220. The execution of judgments in absentia was 72.3% in 2020,with 3,031 cases, with drop from 82% in 2019 at 5,502 cases. The number ofcases in absentia in 2020 was 1,164 cases.

Third: Fines issued incriminal cases under penal order:

The amount of money involved underpenal order was Dh48.125.225 during 2020, meanwhile, collected fines amount wasDh 3.143.895. The amount of money involved under penal order was Dh 92.922.755,meanwhile, un-collected amounts was Dh 7.218.875.

“The collected amounts, under penalorder, shows the efficiency in returning people’s rights and will have apositive impact on Dubai’s development,” added Al Humaidan.

The collected fines were 94% during2020, with forced collection of fines of Dh 118.100 during 2020. 

Fourth: Objection on criminalcases under penal order:

“Dubai Prosecution allowed submissionof objections in criminal cases under penal order. Good percentage ofobjections was approved,” said Al Humaidan.

Objection percentage in criminalcases under penal order during 2020 was 4% of the total objections 598. 543objections were approved with approval percentage 91%, compared to 3% in 2019,with 963 applications. Approved applications were 951 application representing99% of applications.

Time period for cases underpenal order:

The completion of cases under penalorder during one working day was 80.7% in 2020, which come close to the target82%.

The completion of cases under penalorder during one working day was 81% in 2019, which come close to the target 80%.

Effects of applying Penalorder:

Adviser Al Humaidan affirmed thatapplying penal order had clear effects in several aspects, including reducingthe cases referred to the courts.

In general the effects of applyingpenal order are as follows:

First: Reducing thenumber of judicial notice: due to the application of penal order and Covid-19pandemic, there was decrease in judicial notices in 2020 by 70% compared to2017 and 2019 63%. The number of notices was reduced from 138,256 in 2017 to79,650 in 2018, to 51,731 during 2019, and to 40,918 in 2020.  

Second: Reducing number ofmisdemeanor cases referred to Trial court

The number of criminal cases referredto trial court during 2020 was reduced by 55% compared to 2017, where itreached 13,182misdeamnor out of total cases 29,471 in 2020.

Third: Reducing Customers’Applications: there was reduction in customers’ applications by36% in 2020 compared to 2017. Total number of application reduced to 45, 329applications as follows: 12,305 stop search requests; 29,131 copy of casepapers requests; and 3,893 payment request.

Application of penal order and Covid-19pandemic has contributed to a drop in the number of applications.

Fourth: Arrest warrants orders were reducedby 61% during 2020 compared to 2018 with 20,106, with reduction in activearrest warrant by 62% to 12,958 orders.

In 2019, arrest warrants were reducedby 48% to become 26,659 warrants, with reduction in active warrant by 52% to16,618 warrant.

Results of applying smart bailinitiative:

1-          Reducing the number ofconfiscated passports by 73% during 2020 compared to 5,508 passports in 2017.Meanwhile 2019 witnessed drop to 51% with 10,113 passports from 13,723passports in 2018, and 20,485 passports in 2017.

2-          Smart Bail helped reduce thewaiting time for customers in the bails section by 83% last year to reach anaverage waiting time of 4.16 minutes, while it was 24.55 minutes in 2017.

3-          Reducing the number ofapplicants of bail section by 90% in 2020 compared to 7,979 in 2017, with15,444 applications in 2019 from 69,431 in 2018 and 80,415 in 2017.

4-          According to officialstatistics, the COVID-19 pandemic had a noticeable impact on the number ofcustomers visiting the bails section. 17,037 customers visited the section lastyear, compared to 28,837 customers in 2019, with 43% decrease compared to 2017.In 2018 it was 25,056 compared to 50,212 in 2017.