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Criminal Sentencing in the UAE: How the Court Decides the Penalty

How courts move from the penalty range to the actual sentence: stay of execution, extenuating and aggravating factors and recidivism.

Last updated 9 October 2026. Statutes checked against the official text.

Dr Alaa Al Houshy
Speak to a lawyerDr Alaa Al HoushyCriminal defence, AK Criminal Lawyers

How does a court decide the sentence?

Within the range set for the offence in the Federal Decree-Law No. 31 of 2021 (Crimes and Penalties Law), taking into account extenuating and aggravating circumstances. Article 213 of the Criminal Procedures Law says the court renders the sentence under the provisions of the law once the incident is proven and punishable.

The court can also change the legal characterisation of the incident in its judgment, with notice to the defendant and time to prepare (Article 215).

What reduces a penalty?

Article 97 lists extenuating excuses: the young age of the perpetrator, committing the crime for non-malicious motives, or because the victim unjustly and dangerously provoked them.

Where there is an extenuating excuse, a death penalty is reduced to life or temporary imprisonment or incarceration of not less than one year, life imprisonment to temporary imprisonment or incarceration of not less than six months, and temporary imprisonment to incarceration of not less than three months, unless the law says otherwise (Article 98).

What increases it?

Article 103 lists aggravating circumstances such as a vile motive, exploiting the victim's weakness or incapacity to resist, savage means or mutilation, and a public servant exploiting the authority of their position.

Recidivism also matters. A person is a recidivist after a final felony judgment who commits a new crime, or after a final judgment of six months or more who commits a misdemeanour within three years before the penalty expires (Article 107).

Can the sentence be suspended?

For a non-proportional fine or incarceration not exceeding one year, the court may stay execution if it believes, from the convict's ethics, past, age or the circumstances of the crime, that they will not commit a new crime (Article 84).

For certain misdemeanours, and for theft, fraud and breach of trust against a spouse, ascendant or descendant, the prosecution stays the penalty if the victim waives or reconciles.

What should I do first?

  1. Prepare mitigation early

    Age, motive, background, provocation, conduct since.

  2. Gather character and employment evidence

    Letters and records.

  3. Ask about suspension

    Article 84 if the penalty is within one year.

  4. Check recidivism

    Previous judgments affect the range.

Call us on +971 50 653 1334 or message us on WhatsApp. We answer at any hour.

Frequently asked questions

Can a sentence be reduced for provocation?

Yes. Provocation by the victim is an extenuating excuse (Article 97), and Article 98 sets the reductions.

What is recidivism?

Committing a new crime after a final felony judgment or a six-month sentence (Article 107).

Can my prison sentence be suspended?

A stay of execution is possible for a fine or incarceration of up to one year (Article 84).

Can a plea bargain reduce my sentence?

Yes in some cases. See our plea bargain guide.

Related guides

Sources

Source: Federal Decree-Law No. 31 of 2021 (Crimes and Penalties Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 7 September 2026. The Arabic text prevails over translations. Source: Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 28 September 2023. The Arabic text prevails over translations.

This page is general information, not legal advice.

If you or someone close to you is under investigation, speak to us early.

Call or message us at any hour. Tell us what has happened and where the case is. We will explain the next step.