This article provides a general overview and explanations of the UAE criminal procedure in a question-and-answer form so that a layman can easily understand it.
This article will cover the following topics:
- Registration of Criminal Complaint in UAE
- Procedure of Criminal Trial in Dubai
- Post effects of the criminal case upon the accused
- Tenure of Criminal Case
- Hierarchy of Courts
- Pleadings before the criminal courts in the United Arab Emirates
- Procedure of Appeal
- Fine or compensation awarded by the court in Dubai to victims.
How to register the criminal complaint in UAE?
The first step to register your criminal complaint is to inform to the police about the incident that occurred. The complaint which is to be filed by the victim shall contain all the relevant facts and information concerning the incident occurred. It is essential to mention all the important dates and events about the criminal incident in a formal and chronological manner with the assistance of criminal lawyers in Dubai.
The language of the complaint shall be in Arabic, and it will be more impactful if the facts stated in the complaint backed by relevant evidence so that the claim of the victim can be supported. After that, the said complaint is to be filed before the concerned police station wherein the alleged offense is said to have been committed.
Whether the witness allowed to at the time of filing a complaint before the police?
Yes, the complaint or victim is provided an adequate opportunity to bring a witness and their support before the police and their statement are recorded.
Whether the accused is arrested immediately after the registration of the police complaint?
Our best criminal lawyer in Dubai states that:
Except for some cases wherein heinous offense, as specified under UAE Penal Code, is said to have been reported or occurred, the accused is not immediately arrested. In ordinary course the police inform the accused about the complaint which is registered against them and provide an equal opportunity to appear and bring witnesses, if any, to put his defense against the said complaint.
Whether there is government fee for the registration of a criminal case in Dubai, UAE?
Our criminal lawyers in Dubai state that:
No such government or special fee is stipulated for the registration of the complaint. However, if you opt for the legal services of any advocate or attorney, the professional fee for such services must be paid.
What happens after a criminal case is opened against the accused?
Our best criminal lawyer in Dubai states that:
After the complaint’s registration against the accused, the matter is referred to the concerned department in UAE, if it appears that the alleged crime is said to have been committed involves or requires the assistance of any special knowledge such as cyber forensics or medical board.
Thereafter, to conduct all the required procedure steps of obtaining statements of all the parties involved in the dispute. Then the criminal matter is referred to the department of Public Prosecution, which is empowered to review the case files and to order the arrest or release of the accused as and when required, in addition to the same if any offense is said to have been found by the department of Public Prosecutor then the case is referred to the concern criminal court for the initiating the trial.
What are the consequences if any criminal case is registered against any person?
Our Criminal lawyers in Dubai state that:
The travel ban is imposed upon the accused person if the criminal case is registered, and the said ban is only subject to removal when the trial is finished, or the accused is acquitted.
What role is being played by the Public Prosecutor?
The role of the public prosecutor is of much importance as when the case is referred to the Public Prosecutor, the accused and author of the complaint are summoned to put their statements, which are recorded in Arabic and signed by the deponent(s). After the completion of this stage, even if the Public Prosecutor is of believe that a criminal act has said to have been committed by the accused, in such a scenario, he refers the case to the court. Then the court summoned the accused person(s) for the commencement of the trial.
What are the categories of offenses mentioned under the Penal Code of the United Arab Emirates?
Our best criminal lawyer in Dubai states that:
The UAE’s penal code, named Federal Decree by Law no. 31 of 2021, is totally based upon the principles of sharia law, and there are categories of offenses defined under which different punishment were awarded. The crimes mentioned under the penal code are divided into the following categories such as:
- Felonies
- Misdemeanors
- Infractions
What is the Hierarchy of Criminal Courts in UAE?
Our best criminal lawyer in Dubai states that:
In United Arab Emirates the Hierarchy of Courts is area as follows:
In cases where Infractions are said to have been committed only the judge conducts the proceedings, whereas, in the offenses covered under Felony the court comprises three judges.
What is the procedure of criminal trial?
Our best criminal lawyer in Dubai states as follows:
- The trial starts with the judge reading the charges being framed against the accused.
- The Public Prosecutor and the private attorney of victim represent their facts and claim in the court supported by evidence.
- Acceptance or Denial of charges by the accused. If in the case accused of the crime admits to the charges leveled against him, then the judgment is rendered. If they claim trial and plead not guilty then the trial continues, and the accused is given the right to prove his case and respond to the criminal allegations.
- In case the accused person fails to appear before the court on the date specified by way of summons, then the court pronounce the judgment in absentia of the accused person.
What kind of pleadings are allowed before criminal court in UAE?
The proceeding before courts in United Arab Emirates differs from the proceedings conducted in common law jurisdiction. In UAE, written proceedings are allowed before the courts, and memorandums are submitted before the court from the side of the victim and accused. However, in criminal cases where oral testimony of the witnesses is required before the court, oral statements are recorded. In conclusion, there is less reliance on oral proceedings.
How much time does a criminal trial take to be finished?
There is a concept of speedy trial in UAE; no time can be stipulated which can ascertain the finish of the trial. Generally, it takes a couple of hearings to complete the proceedings except the time invested in service of summons, expert opinion, filing of memorandum, and recording of statements.
What is the procedure for filing an appeal?
Our best criminal lawyer in Dubai states as that:
Appeal against the judgment rendered by the First Instance Court can be filed before Appeal Court within 15 days of the decision issued by the First Instance Court and 30 days are allotted for cases where an appeal is filed before The Cassation Court against the verdict of Appeal Court.
Whether file imposed upon the accused is payable to the victim?
The answer to this question is no, as the fine imposed upon the accused is to be paid by him to the Government, and if the victim wants to seek more damages from the accused, then he may seek the same by filing a new civil claim. However, the penal code compensates the victim in cases wherein a misdemeanor is committed then the amount of blood money (Diya) for the erroneously deceased person, male or female, shall be determined at (200,000) two hundred thousand dirhams.
How can we assist you?
Nour Attorneys & Legal Consultants tend to provide you with one of the best criminal lawyers in Dubai, which are highly qualified and experienced enough so that your interest is protected and defended in a highly effective and diligent manner during the criminal proceedings.
Our law firm consists of criminal lawyers in Dubai who have the right to the audience before the courts and in UAE and have successfully contested and won the cases for our clients about criminal cases and matters arising from medical malpractices.
Written by:
Yuvraj Singh
(Legal Consultant)
Note: This Article is only for informative purposes, and views expressed herein do not reflect the opinions and beliefs of the website or its affiliates, and the reader cannot hold the website or its affiliates liable for the contents of this Article.