The Position of the Emirati Legislator on Cases of Reducing Criminal Liability as a Result of Psychological Disorders During Pregnancy and Postpartum: a Comparative Analytical Study

Abstract

This research delves deeply into the stance of both Emirati and French legislators regarding the mitigation of criminal responsibility resulting from psychological disorders that may affect women during pregnancy and postpartum. It provides a comprehensive analysis of comparative legal texts, focusing specifically on Articles 62 and 63 of the UAE Federal Law No. 31 of 2021, which grant judges significant flexibility in assessing the extent to which psychological disorders influence criminal responsibility. This allows them to reduce the sentence or even exempt the individual if the psychological impact is proven to be substantial. In contrast, the French Penal Code of 1994, particularly Article 122-1, requires detailed and precise medical reports to demonstrate the impact of psychological disorders on the mother’s criminal behaviour. The comparative analysis reveals that both legal systems recognise the importance of protecting the rights of postpartum mothers and offer a legal framework that seeks to achieve justice and safeguard vulnerable groups. However, French law adds dimension by emphasising the necessity of presenting scientific medical evidence to support the claim, reflecting cultural and legal differences between the two systems. Despite these differences, they share a fundamental objective of achieving justice and protecting vulnerable groups. The study recommends strengthening Emirati legal provisions through specialised training programs for judges on the importance of medical and psychological evidence, as well as developing practical mechanisms for presenting this evidence in courts. It also calls for promoting international cooperation to exchange expertise and knowledge regarding best practices, ensuring the effective and comprehensive protection of mothers’ rights and the achievement of criminal justice.