Author(s): Mohammad Al-Krisheh, Tayil Shiyab, Tariq Kameel
The emirate legislature has applied the criminal order system and established the regulating rules thereof prescribed in articles (332- 345) in the Criminal Procedures Law and added the same to the decree in Law No. 17 of 2018 in order to settle simple criminal cases in a quick and short manner. As a result, a jurisprudential argument raised that granting the public prosecution this competency trespasses the principle of separation between the accusation and verdict powers. Therefore, it is considered a breach of the achievement of criminal justice as well as the principle that a criminal trial is open to the publicity, which allows individuals to monitor the course of trials. Moreover, to introduce the provisions of the criminal order in the emirate legislation, this study gives a clarification of the criminal order and the scope of its application. In addition, the study is concluded by the results and recommendations of the same. Most importantly, the emirate legislature shall not only grant the power to issue criminal order to the public prosecution but also give the judge of misdemeanor court the competency to look into the case, and a competent member of public prosecution the competency to perform the applicable procedures in the French legislation.