1. Mental health evaluations & criminal responsibility
Who orders evaluations?
- Public Prosecution or the court orders a psychiatric evaluation if the accused shows signs of a mental disorder or abnormal behaviour.
- Under Federal Law No. 10 of 2023 on Mental Health, an accused who appears mentally ill and dangerous can be:
- Detained for evaluation or treatment, by a decision of the Public Prosecution or a court ruling.
- Compulsorily admitted for up to 45 days (extendable), with the hospital reporting to oversight committees and back to the authorities. 2222
How are evaluations conducted?
Courts usually send the accused to a government hospital or forensic psychiatry panel that will:
- Interview the accused in depth.
- Use psychological and personality tests, behavioural observation, and sometimes brain imaging.
- Speak to family or others who know the accused.
- Focus on the accused’s mental state at the time of the crime (for responsibility) and now (for trial competency). 2222
The panel issues a written report to the prosecution or court. Judges can:
- Accept the report,
- Question the experts in court, or
- Order a second opinion if they suspect malingering (faking illness). 2222
How it affects criminal responsibility (insanity / mental disorder)
Under the UAE Penal Code (now Federal Decree-Law No. 31 of 2021, e.g. Article 138):
- No criminal liability if, due to a mental disorder, the accused was completely unable to understand or control their actions at the time of the offence.
- If the report finds a severe mental illness (e.g. schizophrenia) that deprived the person of perception and control at the time of the act, the court may:
- Acquit by reason of insanity,
- Order admission to a psychiatric facility instead of punishment,
- Still address civil consequences (e.g. diyah/blood money, deportation in some cases). 2222
So, the evaluation is the main tool for the court to decide whether the insanity / mental disorder defense applies and whether the accused is criminally responsible at all.
2. Criteria for fitness to stand trial
This is a separate question: even if the person is responsible for the crime, are they mentally capable of going through the trial now?
Legal basis
- Federal Law No. 38 of 2022 on Criminal Procedures, Section 5 (Articles 185–188), governs competency.
- If the accused appears mentally ill in a way that may affect their ability to defend themselves, the court or chief prosecutor must order a mental health evaluation. 2222
Key test: can they meaningfully participate in their trial?
Experts and the court look at whether, at the time of proceedings, the accused can:
- Understand the nature of the charges and possible consequences.
- Understand the roles of judge, prosecutor, and defence lawyer.
- Exercise their procedural rights (e.g. to remain silent, to request witnesses).
- Communicate with and instruct their lawyer.
- Follow the evidence and proceedings and respond rationally. 2222
If the evaluation shows they cannot do these things because of insanity, mental disorder, or serious psychological illness:
- The trial must be postponed until they regain capacity (Article 186).
- They are admitted to a psychiatric facility instead of prison.
- Time spent in the facility is deducted from any later sentence (Article 187). 2222
If the condition is permanent or they remain dangerous:
- They can be kept in a facility under Article 188, even if acquitted or found permanently unfit.
- Proceedings resume only when experts confirm competency is restored. 2222
In short:
- Criminal responsibility: focuses on the mental state at the time of the offence (insanity / mental disorder → no or reduced liability).
- Fitness to stand trial: focuses on the mental state now, at trial (can they understand and defend themselves?).
Both depend on formal forensic psychiatric evaluations ordered by the prosecution or court and are tightly integrated into UAE criminal procedure.
