MOL renamed as UAE Ministry of Human Resources and Emiratisation (MOHRE) in Feb 2016. The investigation shall be carried out in Arabic. Once the public prosecutor is of the opinion that the accused has committed the offence, he will notify or detain the accused to appear before the relevant court along with the necessary documents detailing the charges. There is good news for UAE credit card debtors! — In all criminal cases appealed to the Court of Appeals, the party appealing the case shall be called the "appellant" and the adverse party the "appellee," but the title of the case shall remain as it was in the court of origin. Another way of obtaining a residence visa for Dubai is by purchasing real estate. The hearing should be public. The summons notification to appear before the court should be served prior to the court sitting by at least one full day in minor offences and 3 days in misdemeanours and 10 days in felonies – Article (158). If the accused did not appoint a lawyer, the court shall provide him with a lawyer whose fees are to be incurred by the state as provided by the law. Become your target audience’s go-to resource for today’s hottest topics. The UAE criminal law constitutes the branch of law which deals with public wrongs of offences and is divided into two parts, the substantive law and the law of procedures. This is in accordance with Federal Law Number 3 of 1987 regarding UAE Penal Code. The legislative view on dishonoured cheques in the UAE: has the status changed in the last seven years? The Public Prosecution shall question him within 24 hours and then order either his arrest or release – Article (47). UAE is promulgating new laws in order to accommodate the registration of non-Muslim wills, such as DIFC wills and probate registry through which the testator can dispose of their assets according to his wish. What is the maximum punishment for any criminal offence? Our expert criminal lawyers have handled many criminal defenses including charges of assault or murder, financial crime, civil liberties & human rights and all other criminal cases in Dubai and Abu Dhabi courts. This law applies to the procedures relating to offences whose punishments are not specified, dogma and punitive offences, and blood money, if they do not violate the Sharia rules. If the accused is a female, the search should be carried out by a female assigned by the judicial officer after taking oath that she would perform her duties honestly and truthfully. The public prosecutor is an extended arm of UAE judicial system, involved in initiating a criminal case and acting upon it either by accepting or rejecting the case prima facie. Writing an Accounting case study is not the same as solving a regular problem. (35) Of 1992 and its amendments. March 23, 1993: The case handed over to CBI after human rights activist Jomon Puthenpurackal took the matter to court. LAHORE: The Lahore High Court on Friday suspended operation of an order passed by a sessions court to the Naseerabad police to register a case … police officer) attending the scene of incident – Article (11). The arrest warrant should be enforced by one of the public authority officers – Article (46). It also urged the plaintiff to file a civil case. We believe this guide will prove as a pathway for a better understanding of the criminal procedure in the country. However, one may incur attorney fees for legal representation before the criminal courts. Islamic law defines any sane person who intentionally kills another with a weapon, is a sinner deserving perdition according to the Quran and the murderer is subject to retaliation. Below are the punishments for some common offenses in the country: 7. Civil Procedure. Criminal Status of Financial Cases. Please contact [email protected]. (35) of 1992 concerning the criminal procedural law specifies the procedures for criminal cases in the UAE. The United Arab Emirates courts follow the Maliki School of Sunni Islam for the use of authority and interpretation from other schools to pronounce the sentences for murder cases. Criminal records. In case of a company it is always wise for companies to have either shareholder's agreement or wills in place to decide the transfer of their shares in the company according to their wish, which is in harmony with the existing shareholders as well. The court, during the hearing, may summon and hear the statements of any person even if it requires an arrest warrant – Article (172). The legal basis of the criminal justice system of Pakistan includes the Criminal Procedure Act of 1898 (popularly known as the CrPC) and Pakistan Penal Code 1860 which lay out the foundations, procedures and functions of all components of the system starting from reporting of the case to police, its trial by courts, appeals and correction at jails. He is guilty of this crime, we all know that it is the judge who decides this particular question, but on what basis and how will he deduce that? The public prosecution is in charge of enforcing Judgments in all criminal cases brought before the court and it may directly seek, when necessary, the assistance of the public authority – Article (272). Information and list of MOL offices with locations and contact details. The criminal court, upon receiving the file and report from the prosecutor may either directly pass the judgment or can take the defence from the accused to pass a decision accordingly. According to Article 6 of Federal Law No. A victim’s first and foremost step, post any criminal act is to register a complaint in the nearest police station against the accused. We affirm that the procedure for criminal proceedings is cumbersome and overwhelming especially for foreign expatriates due to language barriers. The United Arab Emirates is known for its strict policies relating to drugs use and traffic. Civil Case. issuing a Cheque without sufficient balance. Except for the criminal cases that come under the jurisdiction of the Federal Supreme Court, the jurisdiction over the felonies is for the Court of First Instance, referred to in the law as the Felonies Criminal Court, which comprises three judges. The judge may decide in the case based on his personal conviction. The UAE Government introduced new amendments to UAE Criminal Procedure Law i.e. I lost my job in April 2017 during my pregnancy. Detention or imprisonment may only take place in places designated for that purpose and for the period specified in the warrant issued by the competent authority – Article (2). Thus, it is very important to register the complaint in the police station near the place of incident. Under UAE law, a criminal complaint can be made against an individual for libel and slander under Articles 371 to 380 of the UAE Penal Code (Federal Law No. UAE criminal law suggest to file the criminal complaint before the nearest police station or to seek legal assistance of the Best Lawyers in Dubai for filing criminal complaint against the accused and to follow up with the public prosecutor monitoring the criminal complaint and to fetch him relevant documentation and evidences in order to seek favorable criminal judgment against the accused. The judicial officer may order the arrest of the accused present at the scene of the incident with sufficient evidence for his perpetration of crime under the circumstances mentioned in the Article (45) of the law. To recover the cheque amount, the aggrieved party may make a civil claim for the payment of the bounced cheque. Even if this option is available for individuals with a high income, it is very common for foreign enterprisers to acquire Dubai residency by investing in real estate.. Khairallah Advocates & Legal Consultants have vast experience in UAE as a criminal defense law firm. The law promulgates UAE Criminal Procedural Law (Penal Procedures Law) which governs criminal procedures in the UAE. The procedure is relatively simple and efficient for non-Muslims to pass their estate upon their demise freely. The UAE Labor Law also applies to workers in the UAE’s Free Zones; however, workers in the Dubai International Finance Center (DIFC) are exempt from the application of the Law. UAE criminal law suggest to file the criminal complaint before the nearest police station or to seek legal assistance of the Best Lawyers in Dubai for filing criminal complaint against the accused and to follow up with the public prosecutor monitoring the criminal complaint and to fetch him relevant documentation and evidences in order to seek favorable criminal judgment against the accused. To know more about criminal procedures followed by UAE courts, please find the relevant link in the right column of the page. A leading barristers chambers specialising in Criminal Defence, Fraud, Health & Safety and Professional Discipline & Regulatory law. In other misdemeanours and petty cases, he may delegate an attorney in his defence without prejudice to the right of the court to order him to appear in person – Article (160). Visit ‘. 17 of 2018. Based on the free translation of the criminal procedural law, this article aims to provide you with a general idea of the criminal procedures in the UAE. There is no prescribed timeline for obtaining a judgment from the criminal court as it solely depends upon the matter and courts discretion. ‘Judgment Creditor’s Booklet to Enforce the UAE Judgment Debts’, “Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates”, The Difference in ‘Decree Holder’ & ‘Holder of a Decree’, Unique is the case of ‘Judgment Creditor’; disgracefully the perpetrator is the ‘Executive Branch of Abu Dhabi, United Arab Emirates’ – White Paper, 'Indo-Gulf reparation mechanisms' a concise summary of representation, The Promises and Perils of the UAE Constitution, Human Rights Watch World Report 2014: United Arab Emirates, Abu Dhabi's Mubadala eyes bigger regional military supply chain role, International Convention against the Recruitment, Use, Financing and Training of Mercenaries, Vienna Convention on Consular Relations 1963, The 41st annual Faulkner & Yoknapatawpha conference: Faulkner and History, 2014, On Amistad Anniversary, A Call For Reparations, Inside Gaddafi’s harem: Book on Gaddafi exposes ‘horrifying’ harem tales involving dictator, The Oil Curse: How Petroleum Wealth Shapes the Development of Nations, At UN, Malala Yousafzai rallies youth to stand up for universal education. They are a part of the judiciary who can directly deal with the public to examine in the criminal cases to draft reports and to determine the legality of the concerned matter. Mediation. What happens when a complaint is registered? If the result is positive, the file will be forwarded to the Criminal Court whereas, in the opposite, the complaint will be rejected. All the arrest warrants entail travel ban, but all the travel ban does not require an arrest warrant. However, the court, considering public order or morals, may decide to hear the case entirely or partly in a closed session or prevent certain persons from attending it – Article (161). In what all cases the accused can face deportation? Dubai: According to a legal order passed in 2017, a person who issued a cheque - worth Dh200,000 or less - that bounced could absolve his or her case after paying a fine. An overview of criminal proceedings in Dubai, The new Dubai penal order: A faster method of disposing of criminal proceedings. The prosecutor is authorized to represent the public in criminal cases legally. The functions of public prosecutor are to investigate into any criminal matter and to take appropriate action. The grief is exacerbated if there is a plethora of formalities to be completed for disposal of mortal remains but one does not have a clear and comprehensive idea of what needs to be done, how and where. Responsibilities of the UAE President includes sign and issue federal laws, decrees, and decisions endorsed by the supreme council; Supervise the execution of federal laws, decrees and decisions through the federal cabinet and competent ministers; Any other power vested in him by the Supreme Council or vested in him in conformity with this Constitution or the federal law…Read More, An autocratic model criminal justice system, The UAE Federal Law No.35 of 1992 envisages many protective measures under the law. Download the Full Incidents List Below is a summary of incidents from over the last year. In line with Federal Decree-Law No. Before filing a case, whether it is a civil, labour or personal status, the UAE's court system facilitates mediation through committees, which include: commercial disputes resolution committees. UAE Laws on Travel Ban For example, the Venezuelan journalist Patricia Poleo and a colleague of Kazakh activist Ablyazov, and Tatiana Paraskevich, who were granted refugee status, sought to overturn the politically motivated request for as long as one and a half years, and six months, respectively. [sociallocker] Juvenile Cases. The prosecutor is empowered to prepare his report and conduct his investigation to determine if the accused is guilty of the offence. Unlike civil claims, a complainant is not required to submit legal fees or court fees for registering his complaint against the accused. Children 18 and below cannot be charged with a criminal law and cannot be imprisoned. The methods, procedures, and practices used in civil cases. UAE Ministry of Labour or Labor Department help line tel 800-655 toll free in Abu Dhabi, Dubai and the UAE. The appeal is filed through a report submitted to the clerk of the Court of Appeal within 15 days from the date of pronouncing the Judgment – Article (234). The Criminal Procedures Law promulgated by Federal Law No. Consequently, Article 6 is a mandatory provision. Each of the accused and the public prosecution may challenge the ruling issued by the Courts of First Instance in a criminal action. (35) Of 1992 and its amendments. Criminal Procedural Law – UAE E-Legal Portal. 3. Upon the registration of the complaint, the police department will review the complaint on the basis of the documents provided, evidence and initiate their investigation. The public prosecution initiates the investigation on its own in serious crimes as well misdemeanours where deemed necessary – Article (65). If the witness fails to appear before the Court after being summoned, he may be ordered to pay a fine not exceeding AED 1,000 after hearing the statements of the public prosecution – Article (173). It has been a public demand to prevent access to such content in UAE as children exposure to such content is intolerable. The accused can file an appeal within 15 days from the date of receiving judgment from Court of First Instance. Section 1. 6. It regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. Following are some cases where UAE Penal code authorizes the court to pass deportation order: 10. It’s very important to make sure that you’re seeing the whole picture! 17/2018, Article 332 of the CPL now defines the penal order as a judicial order issued by a member of the Public Prosecution who decides on the merits of a criminal case where he does not see a reason for dismissing or referring it to the competent Court, in the case of certain misdemeanours and violations. Tenant/Landlord Cases I don't want my husband to take a second wife - can this be in our marriage contract? Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Lastly, it is important to note that any video recorded without the consent of the other party cannot be used as evidence in the criminal case as it is against the UAE Penal Code and Cybercrime law (Federal Law 5 of 2012). In all cases, if the accused is not able to attend and has valid and justifiable reasons, he has the right to send his lawyer or his family member to explain to the criminal courts the reason for his absence or why he has failed to appear before the court and to request for another hearing date as per Article No. Jurisdiction of UAE Courts. rental … It is now possible for stressed debtors to pay a fine in case of a bounced security check issued to a bank instead of serving a sentence. 22. “I find the newsfeeds to be extremely helpful and relevant to my practice area and to the issues facing my company. criminal investigation officer). The judicial officer should hear the statements of the accused immediately after his arrest, and if the accused does not present anything that substantiates his innocence, he should be sent to the relevant public prosecution within 48 hours. In the case of a travel ban, the accused will not be allowed to cross the border or enter UAE, however, it does not mean that he will be detained at the airport unless specifically mentioned by the court or competent authority. However, it does not necessarily represent a legal advice or assistance in case you are submitting a complaint or involved in a particular criminal lawsuit where you might need the assistance of a criminal lawyer. It proposes and implements amendments to the rules of procedure for civil and criminal litigation as would serve the interests of justice. Misdemeanour: Article 29 of the Penal Code punishes the act of misdemeanour by way of imprisonment, fine exceeding AED 1,000 and payment of blood money; Cheque bounce: Imprisonment and fine will be imposed on anyone issues a cheque in bad faith (Article 401); Theft: Chapter Eight of the Penal Code sets out penalties for theft, where the maximum punishment for theft would be life imprisonment; Felony: The act of felony will be punished either by capital punishment, temporary incarceration or life imprisonment. In order to illustrate how the criminal process works, we provide details of a recent criminal matter handled by Al Tamimi involving the crime of defamation under UAE law. Beware of the dangers! The accused in a felony punished by provisional imprisonment may also ask the court to provide him with an attorney in his defence after verifying his financial inability to hire a lawyer – Article (4). OBSERVE THE REPUBLIC DAY OF INDIA 2017 AS ‘BLACK DAY’ IN PROTEST AGAINST THE DECISION OF THE GOVERNMENT OF INDIA TO INVITE THE ‘CROWN PRINCE OF ABU DHABI’ AS THE CHIEF GUEST OF THE DAY! It comprises a set of rules that describe the methodology and procedures for criminal investigation, the trial of accused, rendering judgement, conditions for appealing judgement at upper courts and the enforcement of judgement. The complaint can be in any format written or oral which will be recorded by the police officer in Arabic and subsequently signed by the complainant. One must understand that a Criminal case is purely a punishment for a criminal act i.e. THE CIVIL REMEDY In addition to Criminal Proceedings against the person who issue bad cheques, the aggrieved party/payee may also initiate money recovery procedure in a jurisdictional Civil Court. (35) of 1992 concerning the criminal procedural law specifies the procedures for criminal cases in the UAE. 24th Year of Gross Exploitation of Huge Wealth of a Foreign Investor by the UAE Administration! Criminal Case for Bounced Cheque in UAE When raising a criminal case for a bounced rental cheque, you’ll receive a letter that is given by the bank stating the cheque of the tenant has bounced. 2) This provision has been introduced in 1988 and has been maintained since then although the Commercial Agencies Law itself … For More Information About All Types of Criminal Cases To learn more about the rules in criminal cases, read the California Rules of Court, Title 4 . The accused is then asked whether he admits the charges against him, and if so, the court may accept his confession and issue a verdict without hearing the depositions of witnesses. The accused should be presented before the Court without handcuffs and shackles, but under the necessary observation – Article (164). The witnesses attending the inspection should also be females – Article (52). "The instant case would reveal a high profile intellectual fraud played in furtherance of MoU so as to avoid audit by CAG and to get kickbacks and gratifications," the court said. 160 of the Criminal Procedures Law, Federal Law No. GOVT KEEN ON MAKING NEW LAWS FOR UAE BUT BRUTALLY DENIED JUSTICE TO VICTIM WHO IS A REAL JUDGMENT CREDITOR! What the rulers practice is exactly the opposite of what they preach; making the UAE Constitution itself becomes a solemn mockery! Thus, a study Once a criminal complaint is registered by the victim and accepted by the public prosecutor, the victim is not required to attend the court hearings and also can appoint legal representatives to attend the hearing. Upon the request of the accused, the criminal court shall ask whoever is found to have made a false deposition or accusation to compensate the accused for the damage – Article (25). If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected]. Understand your clients’ strategies and the most pressing issues they are facing. Could not generate embed. Judges:Each circuit of the Court of Cassation is formed by a Chief Justice and four other judges. Further details on procedures for criminal cases can be found under the UAE Criminal Procedural Law – UAE E-Legal Portal. 35 of 1992 as amended, specifies the procedures for criminal cases in the UAE. Federal Law No. Article (189). Procedure in the Court of Appeals. This service allows the public to inquire about their criminal cases in financial cases registered in Dubai Police Stations only, in addition to travel ban. Source: Criminal Procedural Law – UAE E-Legal Portal. The judicial system is essentially divided into two types of cases: civil and criminal. Are there any legal or court fees for registering a complaint? Can a loan defaulter with a criminal record get a new visa in UAE? Whereas, 30 days are allotted to file an appeal before Court of Cassation against the decision of Appeal Court. Anyone witnesses the offender committing a felony or misdemeanour should hand him over to the nearest public authority without the need for an arrest warrant – Article (48). 5. Who is a public prosecutor and what are his functions? The verdict is pronounced in an open court session even if the case was heard in a closed session, and it must be recorded in the minutes signed by the session president and the court clerk – Article (210). After almost a year searching for a job, I got an employment offer recently. Rights and Obligations of Citizens According to Criminal Procedural Law: No criminal penalty may be imposed on anyone without proving his guiltiness according to the law. Interpretation of law: The primary function of this … debtors abstaining from the execution of the final judgement according to the articles (324-328) of the UAE Civil Procedures Code. family guidance committees. 2. There are several cases under which a foreign expatriate accused can face deportation from the country. It is, therefore, important for everyone who lives in the country, to be aware of his rights and obligations in the light of UAE Criminal Procedural Law as well as the procedures for investigation, trial, indictment and Judgment, among others. Special Procedures for Misdemeanours and Minor Offences: If the party legally summoned failed to attend before the court on the day specified in the summons paper or did not send his representative in cases where a representative is allowed, the court will issue Judgment in absentia. In case the accused, the litigating parties, the witnesses or others whose statements are deemed critical by the public prosecutor do not know Arabic, the prosecution may seek the help of an interpreter who should take an oath that he would perform his duties honestly and truthfully – Article (70). The victim is allowed to bring a witness to support his complaint when given opportunity by the police, public prosecutor or the court. Procedures for Criminal Cases – United Arab Emirates (UAE) The Federal Law No. 8. A request to review a final ruling that imposes a punishment or measure may be submitted to the competent court under the circumstances specified by the Article (257). Introducing PRO ComplianceThe essential resource for in-house professionals. Public prosecution has the exclusive jurisdiction to file and pursue a criminal case except in the circumstances specified by the law – Article (7). 160 of the Criminal Procedures Law, Federal Law No. Article 6 of the Commercial Agencies Law states that disputes arising out of commercial agency agreements shall be heard by UAE courts and that an agreement to the contrary is not valid. Keep a step ahead of your key competitors and benchmark against them. Responsibilities of the UAE President As it is the case with Pornography, Nudity is not acceptable morally in UAE. The UAE Penal Code sets out the legal provisions that determine the actions recognized as crimes in the UAE and prescribes the penalties incurring for the such acts. Jurisdiction:The circuits examine criminal cases, personal claims as well as civil and commercial suits. Your support means a lot. What is a timeline to get a judgment in criminal cases? Judicial officers may not search the defendant’s home without a written permission from the public prosecution (search warrant) unless the crime was committed red handed with strong hints that the accused was hiding in his house objects or papers which may unearth the truth. The data subject would need to prove the losses her or she has suffered as a direct result of the disclosure of his/her personal data before the Civil Courts in order for damages to be awarded. In all cases, if the accused is not able to attend and has valid and justifiable reasons, he has the right to send his lawyer or his family member to explain to the criminal courts the reason for his absence or why he has failed to appear before the court and to request for another hearing date as per Article No. A single bench within the Court, referred to in the law as the Misdemeanours Criminal Court, has the jurisdiction over all cases of misdemeanours and petty offences – Article (139). Further, evidence that can be submitted before the court or the police will depend upon the case such as if it is a cheque bounced matter, an official letter from the bank is used as evidence whereas, if cheating or fraud or misappropriation, any documents evidencing the same can be utilized as evidence. The judicial officer may search the accused under circumstances where his arrest is allowed as per the law and the accused may be frisked for what would be in his body, clothes or belongings from the remnants or things related to the crime or required for the investigation – Article (51). Criminal Lawyers in Dubai | Criminal Law in Dubai UAE Criminal law is the body of law that relates to crime. When children under the age of 18 and below are involved, this will be filed under the juvenile cases. Related Links 4. Appearing before the Court and Hearing the Case: The accused shall appear before the court personally in felonies or misdemeanours carrying a punishment other than a fine. These are cases such as child support, child custody, adoptions, annulment or divorce. No one may be arrested, searched, detained or imprisoned except under the circumstances and conditions mentioned in the law. 9. The procedure for filing an appeal with INTERPOL is a long and complex one. It is pertinent to note that victim cannot file the appeal against the judgment of any lower court, as upon acceptance of appeal, the public prosecutor represents the matter on behalf of the plaintiff and has the authority to file an appeal if aggrieved by any decision. If the accused was caught red handed, the complaint may be submitted to any public authority officer (i.e. The guide is segregated in few but most relevant question in relation to criminal proceedings. The report drafted by the police thereafter, is forwarded to the public prosecutor. We focus on cyber attacks on government agencies, defense and high tech companies, or economic crimes with losses of more than a million dollars. law enforcement authorities such as police) may not enter into any place of residence except under the circumstances specified in this law or in case of a request for assistance from inside or under a serious threat on life or property – Article (3). When ruling on the criminal case, the Criminal Courts would usually transfer a civil claim made by the data subject to the Civil Courts of First Instance for further consideration. Urged the plaintiff to file a civil case of this … Dubai ’ s Strong Drug Policy the ratings. Outs of criminal proceedings the witnesses attending the scene of incident – (! Pays, you or your employer itself becomes a solemn mockery 1992 as amended, specifies procedures... Uae Penal Code acceptable morally in UAE circuits examine criminal cases – Arab... 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