The Federal Narcotics and Psychotropic Substances Control Law and deportation

An overview of the Federal Narcotics and Psychotropic Substances Control Law Promulgated by Federal Decree-Law No. 30 of 2021.

Recently the law regarding narcotic drugs and psychotropic substances has been updated, this is in light of legislative developments pursued by the UAE legislator in developing several laws within the country.

There have been misinterpretations made regarding some provisions of the articles of this law. The most common misconception being that deportation has been abolished as a supplementary penalty for the crime of drug abuse.

However, where a person was convicted, the texts of the old law had required the penalty of deportation from the state as supplementary to the original penalty, without giving any discretionary authority to the criminal judge in this. So long as the criminal judge ruled that the accused is convicted, the judiciary would expel them from the state, following the original penalty imposed for the crime.

As for Law No. 30 of 2021, the criminal judge has now been given discretionary power regarding whether the accused should be removed from the state, in addition to the punishment handed down for the crime.

Therefore, if a person receives a conviction for drug abuse, the possibility of deportation still remains.

Frequently asked questions
1. When is the penalty of deportation mandatory and when is it permissible for the court under the Federal Law on Combating Narcotics and Psychotropic Substances issued by Federal Decree-Law No. 30 of 2021?
        
According to the text of Article 75 of the law, deportation is mandatory as an additional penalty for all crimes stipulated in the law with the exception of; crimes of abuse, personal use, possession or possession with intent to abuse. In these cases, it is permissible for the court to decide on deportation or not in accordance with the provisions of Article 75 of the law. A decision will be taken, dependent on the facts of each individual case.

2. Does an accused person, who has given the penalty of deportation for one of their crimes, benefit by the issuance of the Federal Law on Combating Narcotic Substances and Psychotropic Substances issued by Federal Decree-Law No. 30 of 2021?

The text of Article 14 of the Penal Code No. 11 of 2021, states: “If a final judgment is issued after the crime has occurred and before a final ruling is issued, a law that is more suitable for the accused is the one that applies only to others.” Accordingly, the accused person, ordered to be deported for their crimes prior to the issuance of the Federal Law on Combating Narcotic Substances and Psychotropic Substances issued by Federal Decree-Law No. 30 of 2021, may benefit from this law as long as the deportation ruling has not become final. It is important to remember that the benefit here is still dependent on the discretionary power of the court hearing the case, whether that is the court of appeal or cassation.

Written by Hassan Mohamed, associate. 

hassan.mohamed@bsabh.com