Deportation no longer mandatory in drug related cases in UAE, says legal expert
The UAE law previously ordered the deportation of suspects in drug-related cases without considering the suspect's circumstances or social status, according to Legal Consultant Dr Alaa Nasr.
Nasr added that the new Law No. (30) of 2021 concerning the Combating of Narcotic and Psychotropic Substances has changed this rule to make deportation not mandatory and has become subject to the court's discretion in the case. The court decides whether deportation serves the best interest of both the suspect and society.
Nasr continued that the court bases its decision on the legal principle of "the law most favourable to the accused". If the accused is a resident of the country, has stable employment and a legal source of income, has no criminal record, and does not pose a threat to public security, the court may decide not to deport him and instead impose the primary penalty.
Consultant Nasr mentioned a significant amendment in the law which grants the Public Prosecution the authority to issue an administrative deportation order for suspects convicted of drug abuse, even if the court has not ordered deportation.
This is conditional on the judgment being final and the decision being issued within three months of the ruling. He emphasised the importance of residents being aware of these legal amendments and avoiding involvement in such cases, as deportation, though not mandatory, remains an option available to both the prosecution and the court.
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