Community service is one of the new procedural systems in the domain of penal law, considered one of the alternatives to short terms detention penalties, aiming to control behaviors of some offenders and strengthen their moral and educational side. As feeling of guilt and embarrassment, in .some cases, is more important than the detention penalty itself, which may not achieve these goals
Community service importance appears in many aspects as it avoids the convict and the community the disadvantages resulting of liberty deprivation for short period, rehabilitation and keep them away from dangerous criminals. On the other hand, directing community service to reform leads to the wellbeing of community and reparation of social damage inflicted by the offender’s guilt.
As per article 120 of UAE penal code” Obligation of work is to assign a convict to perform appropriate work in one of the government institutions or establishments, as determined by the Cabinet, Minister of Justice in agreement with the Minister of Interior and the Minister of Emiratization and Human Resources. Cabinet decision No.41 for 2017 identifies community services applicable to the convict, in addition to UAE Attorney General Decision No.30 for 2018 regarding entities in charge of executing the said services.
Obligation to work shall only apply to misdemeanors and in lieu of the penalty of detention that not exceeding six months or fine. Provided that the period of obligation shall not exceed three months.
Community service has several advantages including flexibility and conformity with the practical reality of different criminal conduct, the situation and circumstances of the offender from one case to another. Issued by judicial decision in accordance with the provisions of the law and as a result of a fair trial, the offender pays for of his actions alone without extending the effect of punishment to others who did nothing wrong but their relationship with this offender. Besides the objectives of public and private deterrence, reform, rehabilitation and social reintegration, it is a measure restricting freedom, where there is no escape under legally defined restrictions that take into account the situation of the offender and his personality in order to reach the appropriate decision. The offender is followed up through periodic reports to disclose the extent of his commitment to its implementation. Penalty of imprisonment is applicable for breach of its requirements.
For applying this measure, we shall consider the following:
1- Type and duration of work is proportional to the crime.
2- Physical ability and health condition for the convict.
3- Social status of the convict.
4- Applicable on petty crime….
Public Prosecution office oversees the implementation of community service related-measures.