Law No. (5) of 2012 On Regulating Judiciary (This Law had been amended by Law No. (1) of 2015 and Law No. (1) of 2022) We, Saud Bin Saqr Bin Mohamed Al Qasimi Ras Al Khaimah Ruler After perusal of Judiciary Regulation Law of 2002, as amended; And Civil Service Law of 2003, as amended; And Law No. (4) of 2006 on Cassation Court; And Law No. (2) of 2012 on Establishing Public Prosecution; And based on what had been presented to us by Crown Prince; have promulgated the following Law: - Judiciary Regulation Law of 2012 First Section Definitions Article 1 The provisions of this Law shall apply to all Judiciary members of judges working in the Department. Article 2 The following words shall have the meanings indicated opposite each of them unless the context of text requires otherwise: Emirate: Ras Al Khaimah Emirate. Ruler: His Highness Ras Al Khaimah Ruler. Crown Prince: His Highness Ras Al Khaimah Crown Prince. Government: Ras Al Khaimah Government. Council: Judiciary Council in Ras Al Khaimah. Department: Ras Al Khaimah Courts Department. Court: Cassation or Appeal or First Instance or Summary Court. President: Courts Department President. Vice President: Courts Department Vice President. Director General: Courts Department Director General. Director: Director of any of the Functional Departments. Second Section Judiciary Independence and Establishing Judiciary Council Article 3 Justice is the basis of government. In performing their duties, judges shall be subordinate to no authority but provisions of Islamic Sharia and laws in force and their consciences. No person or authority shall prejudice independence of Judiciary or interfere in justice affairs. The Judicial Authority in the Emirate shall include Judiciary Council, Courts and Public Prosecution. Article 4 Under this law, the Judiciary Council shall be established and presided by Crown Prince and membership of: 1- Head of Ruler Office. 2- Courts Department President. 3- Ras Al Khaimah Government Legal Adviser. 4- Cassation Court President. 5- Attorney General. 6- Appeal Court President. 7- Court of First Instance President. The Ruler or his representative may appoint, in addition to the above-mentioned members, a member or more with experience and competence and a decree of setting up the mentioned Judiciary Council shall be promulgated by the Ruler or his representative. If one of the members is absent, he shall be replaced by the one who is next to him in seniority in the Authority which he represents. Article 5 Judiciary Council Competences & Immunity a. The Judiciary Council shall have competence to consider the following matters: 1. Nominate, promote, transfer and deputize Judges and Public Prosecution Members to work other than theirs as indicated in this Law. 2. Organize, set up circuits and distribute lawsuits thereto, determine number and dates of hearings based on proposal of each Court President. 3. Deputize First of Instance Court judges to work in Summary Courts. 4. Organize work during holidays period and determine lawsuits to be considered therein. 5. Pardon applications. 6. Any other matters entrusted thereto according to laws or regulations. b. Members of the Council have full judicial immunity. Article 6 The Judiciary Council shall meet upon invitation by the Council President whenever he deems that appropriate or upon request of two members of the Council. Invitation should be sent to the members at least one week before the proposed date of the meeting, unless the Council President decides otherwise. The convening of the Council shall be valid only if it is attended by at least two-thirds of the members and deliberations of the Council shall be confidential and resolutions thereof shall be issued by a majority of votes. When the votes are equal, the Council President shall have casting vote. Convening of the Council shall take place in the Department in Ras Al Khaimah city, or any other place decided by the Council President. Article 7 The Council shall have a General Secretariat supervised by the Director-General or whomever appointed by the Council President and he shall be Secretary of the Council and attends meetings thereof without having counted vote in deliberation unless he is member in the Council. A resolution by the Council shall be issued to organize the General Secretariat. Third Section Courts First Chapter Courts Jurisdiction Article 8 Courts shall have jurisdiction to adjudicate all disputes, lawsuits and crimes arising in the Emirate except what has been excluded by special provision. The law sets forth rules of courts’ jurisdiction. Article 9 Courts shall not be entitled to consider acts of sovereignty. Second Chapter Courts Constitution and Organization Article 10 Courts shall be divided into: - 1. State Courts, consisting of: - a. Court of Cassation. b. Court of Appeal. c. Court of First Instance. d. Summary Court. 2. Special courts and judicial committees that consider lawsuits specified in the law or decree of their establishment. Article 11 Cassation Court shall be set up from President and enough number of judges. It shall have circuits to consider objections for cassation in civil, commercial, personal and penal matters and each circuit shall be set up from three judges. If one of the circuits forwent legal principle decided by previous judgments rendered thereby or other circuits, it shall refer the lawsuit to all circuits of the court to adjudicate it and judgments shall be rendered by majority. The seat of Cassation Court shall be Ras Al Khaimah city. Article 12 Court of Appeal shall be set up from President and enough number of judges. Circuits for civil, commercial, personal and penal matters shall be set up therein and each circuit shall consist of three judges. The seat of Court of Appeal shall be Ras Al Khaimah city. Article 13 Court of First Instance shall be set up from President and enough number of judges. Circuits for civil, commercial, personal and penal matters and execution shall be set up therein and judgments are rendered by one judge except for full jurisdiction circuits and criminal lawsuits, judgments shall be rendered by three judges. The seat of Court of First Instance shall be Ras Al Khaimah city and circuits thereof may be convened in any place in the Emirate by resolution from the Council President upon request of Court of First Instance President. Article 14 Summary Courts shall be established in areas of the Emirate as needed and affiliated Court of First Instance and shall have jurisdiction to consider summary civil and commercial lawsuits and personal status lawsuits and misdemeanor and violations cases and this shall be by resolution from the Council President that determines seats and jurisdiction circuits thereof based on proposal of First of Instance Court President. The Summary Court shall consist of circuits as per work need and judgments thereof shall be rendered by one judge. Third Chapter Hearings and Judgments Article 15 Courts hearings shall be public and the court may decide to make the hearing secret if required by public order or to maintain morals and in other cases that the law requires making it secret and the pronouncement of judgment in all cases shall be in a public hearing and the order and control of the hearing are entrusted to President thereof. Article 16 The courts language is Arabic Language. The court shall hear the sayings of litigants and witnesses who do not know Arabic language through a translator after taking the oath. Article 17 Judgments are rendered and executed in the name of the Ruler. Article 18 Judgments shall be rendered by majority unless law stipulates unanimity and judgments should include reasons upon which they had been rendered. Fourth Section Judges First Chapter Judges Hiring, Promotion and Seniority Article 19 It is required for those assuming judiciary: 1. To be fully legal competent. 2. To be citizen of United Arab Emirates and if there is none, it is permissible to appoint a person who belongs by his nationality to one of the other Arab countries. 3. To be respected and reputed and not judicially or disciplinarily convicted of a matter that violates honor and honesty. 4. To have a degree in Islamic Shariah or law from one of the recognized universities or higher institutes, provided that this shall not affect the appointments made before the entry into force of this Law. 5. He must not be less than forty-five years old for the President of Cassation and Appeal Court and the judges of Cassation Court and thirty-five years old for Court of Appeal judges and Court of First Instance President and thirty years old for Court of First Instance judges. Article 20 To be appointed to the positions set forth below, he must have spent periods in judicial or legal works with a government authority not less than the following: 1. Twenty-two years to be appointed as Cassation Court President. 2. Twenty years to be appointed as Cassation Court judges, Court of Appeal President and Judicial Inspection Director. 3. Fifteen years to be appointed as Court of First Instance President, Court of Appeal judges and Judicial Inspector. 4. Ten years to be appointed as Court of First Instance judges. Article 21 a. The Judicial Council may exempt UAE nationals from complying with the conditions stipulated in Clause no. (5) of Article (19). b. The Ruler or Crown Prince shall have the right to shorten the periods specified in Article 20 for UAE nationals. Article 22 Judges shall be appointed by a decree promulgated by the Ruler or his representative and if the appointed judge is seconded by the federal judiciary, the appointment shall be made by the Crown Prince. Article 23 Promotion to higher positions in the judiciary shall be from the positions that are immediately preceded them by a resolution from the Council in respect of filling the position of Cassation Court President, Appeal Court President and Court of First Instance President. Promotion shall be by selection based on acquired skills and if the degree of acquired skills is equal, seniority among the candidates should be observed. Article 24 The seniority of magistrates shall be determined as per date of the decree promulgated appointing them or the resolution issued to promote them, unless otherwise specified by the decree or resolution after consulting the Judicial Council and if two or more magistrates are appointed or promoted in a single decree or resolution, seniority among them shall be according to their order in the decree or resolution. Article 25 The categories of magistrates and gradation thereof shall be determined in accordance with the decree on their salaries, increments, assignment allowance, work nature allowance and other allowances and it is not permissible to fix unofficial salary for any of them or to be treated exceptionally. Article 26 Magistrates may be seconded and delegated to carry out legal works in government entities or public bodies and institutions by a decision from the Judicial Council based on nomination of the President and approval of the judge. Article 27 Without approval of the Judicial Council, Magistrate may not be arbitrator, even if the dispute is not before the judiciary, as long as one of the parties to the dispute is a relative or in-law up to the fourth degree. The Judicial Council may, at the request of the Government, delegate a magistrate to be an arbitrator on behalf of the Government or public bodies and shall specify in the delegation resolution the remuneration to which he is entitled. Article 28 Subject to provisions of this Law, judges shall be transferred to work in Public Prosecution or Inspection by resolution from the Judicial Council based on nomination of the President or Attorney General. Article 29 Except in case of necessity, promotions and transfers among members of the Judiciary shall be held once a year before the start of the judicial year on first of September of each year. Article 30 In the event of absence of President of the Court or vacancy of his office, the highest rank of judges shall carry out his duties and if they are equal in rank, the court shall be presided by the most senior of its judges. Article 31 The Court President may delegate one of its judges in case of necessity to work in another circuit therein for a maximum period of one month and if it is necessary to continue the delegation, it shall be by a decision of the President for a period not exceeding three months and the delegation shall be from a lower court to a higher court or from Court of First Instance to the Summary Courts by a decision of Judicial Council President after taking the opinion of the Judicial Council and for a period not exceeding six months. Second Chapter Judges Immunity and Reasons for Ending Their Term of Office Article 32 Judges are irremovable and their term of office shall not end except for one of the following reasons: 1. Death. 2. Resignation. 3. End of the term of contracted or seconded judges and the termination of the contract or secondment by the government before the end of the term shall be in accordance with the regulations in force and by a resolution from the Crown Prince based on approval of the Judicial Council. 4. Reach retirement age. 5. Their inability to carry out their duties for health reasons is proven and the disability shall be proven by a decision from the competent medical authority. 6. Disciplinary dismissal based on reasons and in accordance with procedures stipulated in this Law. 7. Assign non-judicial positions to them with their consent or based on the ruling of the Disciplinary Board. Article 33 The age of retirement for UAE magistrates and termination of service of non- UAE magistrates shall be sixty-five, however, if they reach this age from first of September to end of June, they shall remain in service until this last date. When necessary, their service may be extended beyond reaching the age of retirement for a period or periods not exceeding five years, provided that each period shall not be less than a judicial year. The extension shall be by a resolution from the Council based on the request submitted to the General Secretariat by the concerned member. Article 34 The judge’s resignation shall be considered accepted after one month from the date of submitting it to the Judicial Council if it is not accompanied by a restriction or pending upon a condition. The Council President may accept the resignation before the expiry of this period and the judge's pension or remuneration shall be settled based on last basic salary received thereby. Article 35 In the event that a judge's term of office expires due to death or it is proven that he is unable to perform his duties for health reasons, the Judicial Council may exceptionally add to the period of his actual service period calculated in retirement or gratuity an additional period, provided that such additional period shall not exceed the period of service or the remaining period to reach the age prescribed for retirement or the expiry or termination of the contract or secondment period, as the case may be, whichever of the two periods is more. Third Chapter Judges Duties Article 36 Magistrates may not carry out any commercial activity, any work inconsistent with the independence and dignity of the judiciary nor moonlight their functions with any other non-judicial function except by a resolution from the Ruler or Crown Prince after Judicial Council approval. Article 37 It is prohibited for Magistrates to engage in political action. Article 38 It is not permissible for Magistrates to disclose secrets of deliberation The judge may not express his opinion or approach in a lawsuit submitted to whatsoever party and the judge becomes unfit to consider the lawsuit if he violates this prohibition in addition to being subject to disciplinary accountability. Article 39 Judges having kinship or affinity up to fourth degree may not sit in the same circuit, also, Public Prosecution representative or one of the litigants’ representative or defender thereof shall not have the mentioned relation with one of the Magistrates considering the lawsuit. Article 40 Before assuming their duties, judges shall take the following oath before the Ruler or Crown Prince in the presence of President and members of the Judicial Council: "I swear by Allah to rule justly without fear or favoritism and to be faithful to United Arab Emirates Constitution, laws and laws in force in the Emirate." Oath taking minute shall be made and recorded in a special register prepared for this purpose and copy thereof shall be placed in the judge file. Fourth Chapter Magistrates Accountability Article 41 The President shall supervise the courts in a manner that ensures the performance of their mission to achieve the course of justice, without prejudice to the judiciary independence. Article 42 The discipline of Magistrates shall be the competence of Disciplinary Board composed under the chairmanship of Cassation Court President and membership of two of its most senior judges. In the event of vacancy of the position or absence of any of Disciplinary Board members for any reason whatsoever or the presence of an impediment therewith, he shall be replaced by the most senior judge of Cassation or Appeal Court, if he is not found in the cassation. Disciplinary Board resolutions shall be issued unanimously and shall be final ones. Article 43 The disciplinary lawsuit shall be filed before the Disciplinary Board by the Attorney General at the request of the Judicial Council. The request for disciplinary lawsuit must be preceded by an investigation conducted by a member of the Judicial Council delegated by Judicial Council President for this purpose. Article 44 The disciplinary lawsuit shall be filed by a petition containing the charge and the supporting evidences and shall be submitted to the Disciplinary Board. Article 45 The Disciplinary Board may conduct investigations which it deems necessary and delegate one of its members to do that and the Disciplinary Board and the member delegated for investigation shall have the powers vested in the Courts in this regard. Article 46 If the Disciplinary Board deems it appropriate to proceed with the trial procedures for all or some of the charges, it shall assign the judge to appear before it by notifying him to appear after at least one week upon an order from the Disciplinary Board and the request to appear must include a sufficient statement of the subject matter of the lawsuit and the evidences of the accusation. Upon deciding to proceed with trial procedures, the Disciplinary Board may order suspension of the judge from carrying out the work of his office which shall not result in depriving the judge of his salary unless the Disciplinary Board decides to deprive him of all or part thereof and the Disciplinary Board may reconsider the decision of suspension or deprivation of salary at any time, whether on its own initiative or upon the request of the judge. Article 47 The disciplinary lawsuit shall be abated by the resignation of the judge and the disciplinary lawsuit shall have no effect on the criminal or civil lawsuit arising from the same incident, subject of accountability. Article 48 The disciplinary trials hearings shall be secret ones and Public Prosecution shall be represented therein by one whose rank is not less than the rank of the judge and the judge shall appear in person before the Disciplinary Board and he may present his defense in writing and seek the assistance of a defender from magistrates or lawyers. If the judge does not appear or assign any of those mentioned, the judgment may be rendered in his absence after verifying the validity of the process of servicing him. The Disciplinary Board shall adjudicate after hearing the requests of Public Prosecution and the judge’s defense and he shall be the last to speak and may object to the judgment in absentia within ten days following servicing him personally of this judgment. The objection shall be submitted in a report to Clerck’s Department of Cassation Court and shall require appearance in the hearing fixed by the President of the Board in objection report, which shall result in the reconsideration of the disciplinary lawsuit for the objecting judge and in no case, he may be harmed based on his objection. If the objecting judge does not appear in the hearing fixed for considering the objection, the same shall be considered null and void. The judgment rendered in respect of the objection or consideration of the same null and void shall be final. Article 49 The judgment rendered in the disciplinary lawsuit shall include the reasons on which it is based and its reasons shall be read out when pronounced in a secret session. Article 50 The disciplinary punishment that may be imposed upon the judge is: 1. Blame. 2. Skip promoting once. 3. Transfer to non-judicial position. 4. Dismiss from position. Article 51 Disciplinary Board President shall inform the Judicial Council of the judgment rendered by the Board immediately upon rendering it and the President of the Board shall inform the judge of the content of the judgment within three days from the date of rendering it. The judge's justiciary shall eliminate from the date on which he is notified of dismissal or transfer to another non-judicial position judgment. Article 52 The President shall execute the judgments rendered by the Disciplinary Board and the Ruler or Crown Prince shall promulgate a decree implementing the judgment rendered for dismissal which shall be considered effective from the date of promulgation the Decree. The judgment rendered for dismissal shall not affect the judge's rights to pension or remuneration and in the event of issuing decision to transfer the judge to another non-judicial position, the transfer shall be made by a resolution from the President of the Judicial Council to a post with grade and salary lower than those of the judicial position from which he was transferred. Article 53 In cases other than flagrante delicto, a judge may not be arrested or held in pretrial detention without obtaining permission from the Judicial Council. In cases of flagrante delicto, the Public Prosecutor shall, upon arresting and pretrial detention of the judge, immediately notify the Judicial Council, which may refer the matter to the Disciplinary Board within the following twenty-four hours. The Disciplinary Board may, after hearing the judge's sayings, decide whether to continue his detention or release him on bail or without bail. The Disciplinary Board shall determine the period of detention in the decision issued for continuous detention and the mentioned procedures shall be considered whenever the continuation of pretrial detention after the expiry of the period decided by the Disciplinary Board is considered. Except for the foregoing, no procedure may be taken to investigate or file criminal lawsuit against a judge except with the permission of the Judicial Council and at the request of the Attorney-General. Judges are imprisoned and custodial penalties are carried out for them in separate places from those allocated for other detainees. Article 54 The detention of a judge based on an order or judgment shall inevitably result in his suspension from exercising the duties of his office for the duration of his detention. The Disciplinary Board may order the suspension of a judge from performing his duties during investigation or trial proceedings for a crime committed by him, whether on its own initiative or at the request of President of the Board or the Attorney General. The suspension of a judge shall not result in the suspension of his salary during the period of suspension unless the said Disciplinary Board decides to deprive him of all or part thereof and he may at any time reconsider the order of suspension or deprivation of salary, whether on its own initiative or at the request of the judge. Fifth Section Judicial Inspection Article 55 A Department called the "Judicial Inspection Department" shall be established in the Courts Department: it shall report to the Judicial Council and shall be composed of a director and sufficient number of judicial inspectors appointed or delegated from among the magistrates. The delegation shall be by a resolution from the Judicial Council upon proposal of the President. The Judicial Inspection Department shall be competent to inspect the works of magistrates of the second category or less, provided that the rank of the inspector shall not be less than that of the judge subject to inspection. It may conduct a general inspection of Appeal, First Instance and Summary Courts to determine the work progress in it and regularity of administrative and clerical works therein. It is also competent to examine and investigate complaints filed against magistrates relating to their functions and duties or matters of conduct. The Judicial Council shall issue a resolution on the system of judicial inspection and the President of the Council may refer to the Judicial Council any matters relating to the inspection on works of magistrates. Article 56 The proficiency of a judge shall be assessed by one of the following degrees: Excellent, Very Good, Good, Poor. The inspection report shall be placed in the judge's file. Judges must be informed of the inspection reports and all observations or other papers placed in their files. In order to be promoted to a higher grade, a judge must have at least a good report. In the event he received two consecutive reports with a poor grade, his matter shall be presented to the Judicial Council to take what it deems appropriate. Article 57 The judge may appeal against the inspection report within fifteen days from the date of notifying him thereof and the grievance shall be submitted to the Judicial Inspection Department and the grievance shall be considered by the body which the Board formed from the members of the Disciplinary Board. The Body shall decide on grievance before the judicial assignments rotation and decision thereof on the grievance shall be final. Article 58 The Judicial Council President may notify, at least thirty days before presenting the draft judicial assignments rotation to the Judicial Council, the magistrates whose turn in the promotion is due and not included in the draft judicial assignments rotation for a reason not related to the proficiency reports. The notification shall state the reasons for bypassing and the resolutions of the Council shall be final. Sixth Section Judicial Officers Article 59 Each court shall have enough administrative staff, translators, bailiffs and clerks to carry out the administrative and clerical works necessary for each court and the Judicial Council shall issue the necessary regulations to organize their works and work distribution among court clerks shall be by a decision from each court President. Article 60 The discipline of Judicial officers shall be before a committee presided by First Instance Court President and membership of a Public Prosecution member delegated by the Attorney General and an employee of the Court delegated by the President or Director General, provided that his grade is not less than that of the employee referred to the trial. The President of each court, within the limits of competence thereof, shall have the power to issue a warning in respect of those officials and it is permissible to appeal the warning decision before the President and his decision on the grievance shall be final. Article 61 Judicial officers shall take an oath before the President of the court in which they work to perform their duties with honesty and honesty. Article 62 Judicial officers may not engage in work within the limits of their functions in lawsuits involving themselves or their spouses, relatives and in-laws up to the fourth degree and lower. Seventh Section General & Transitional Provisions Article 63 Except as provided for in this Law, the provisions of Civil Service Law of the Emirate shall apply to magistrates and judicial officers. Article 64 The courts shall have a judicial recess starting from the first of July and ending at the end of August of each year and the courts shall continue during the judicial recess to consider summary lawsuits that are determined by a decision from the President of the Council. Article 65 Judicial Regulation Law of 2002, amendments thereof and whatever contradicts with provisions of this Law shall be repealed. Article 66 The Council President shall issue the necessary resolutions to implement this Law. Article 67 This law shall come into force as date of its promulgation and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi Ras Al Khaimah Ruler Issued by us on this day twenty fifth of Rabie II 1433H. Corresponding to eighteenth of March 2012G.