Legal provisions of DNA fingerprinting in UAE legislation and their role in criminal evidence

• Main Author: Alkhuzaei, Mohamad Adbulla Omer Abdulla
• Format: Thesis
• Language: English; English
• Published: 2023
• Subjects: K Law (General)
• Online Access: https://etd.uum.edu.my/10916/1/Depositpermission_s827632.pdf; https://etd.uum.edu.my/10916/2/s827632_01.pdf; https://etd.uum.edu.my/10916/

This study examined the genetic fingerprints in criminal proof in the UAE legislation in accordance with the Penal Code of the United Arab Emirates,’ Federal Law No. (3) of 1987 and its amendments, and Law No. 35 of 1992 regarding the issuance of the Code of Criminal Procedure. The research problem was that these laws were devoid of regulation of DNA provisions compared to other legislations such as Kuwaiti and Qatari legislations. This study examined the nature of the DNA fingerprint and the extent of its use as evidence in the field of criminal evidence at the investigation and trial stages. This study highlights that the UAE legislators did not clarify the provisions of the DNA fingerprint regarding its use as evidence in the field of criminal proof although it is used in practice by the competent authorities in the country for its effective contribution to the detection of many cases. Moreover, this study analysed the rules related to legal adaptation regarding the controls for the use of DNA, the restrictions that are adhered to when conducting DNA examinations, the conditions that must be complied with by the accused or suspect, as well as competent doctors. Apart from that، the study analysed the authoritative DNA profile as conclusive evidence and the authority of the Public Prosecution and the Court to order DNA analysis. This study emphasised the crimes that must be subjected to DNA analysis and the legality of the DNA fingerprint and its evidentiary strength as evidence. The results of this study showed that the UAE legislature has not regulated provisions of DNA fingerprinting with legal texts as compared to some jurisdictions. The study recommends the UAE legislature to adopt the approach adopted by the French legislator regarding the identification of the individual through the DNA fingerprint in the case of the preliminary and final investigation, which is to search for evidence that would determine the identity of the accused or suspect through the provisions of the law. In addition, the study recommends that the Emirati legislature to enact a specific law on DNA that regulates the use of genetic fingerprints in a detailed and clear manner.