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. Beware of The Laws Concerning Cheque Bounce in UAE. What evidence is required in a criminal case? 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. 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. Please try it manualy. (1a) Section 2. 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. 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. If the accused is not present, the judicial officer may issue an arrest warrant which has to be stated in the report. The prosecutor is empowered to prepare his report and conduct his investigation to determine if the accused is guilty of the offence. The accused can ask the court to compensate him for the prejudice suffered due to the malicious accusation made by the victim or the accuser. The Judgment carrying a death sentence is appealable by its own legal right and its execution is stayed – Article (230). settlement and reconciliation committees. 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). We believe this guide will prove as a pathway for a better understanding of the criminal procedure in the country. 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). The patient filed a criminal suit against the doctor, and the lower court ordered the doctor to pay a fine of Dh100,000 for medical negligence. “I find the newsfeeds to be extremely helpful and relevant to my practice area and to the issues facing my company. 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. 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. Another way of obtaining a residence visa for Dubai is by purchasing real estate. 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. 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. Please contact [email protected]. Visit ‘. 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). Criminal Lawyers in Dubai | Criminal Law in Dubai UAE Criminal law is the body of law that relates to crime. The accused can file an appeal within 15 days from the date of receiving judgment from Court of First Instance. 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. 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. 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 trial starts by calling on the parties and the witnesses, and asking the defendant about his name, surname, profession, nationality, place of residence and place of birth. The prosecutor is authorized to represent the public in criminal cases legally. Judgments delivered by the Court of Appeal may be challenged before the Court of Cassation, the final appellate court and highest body in the Dubai judicial system. 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. 8. Moreover, the age ratings that are adopted and filtered out internationally in most cases is still considered morally inappropriate in UAE. — 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. 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). Could not generate embed. The hearing should be public. debtors abstaining from the execution of the final judgement according to the articles (324-328) of the UAE Civil Procedures Code. 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 … Can a loan defaulter with a criminal record get a new visa in UAE? (35) of 1992 concerning the criminal procedural law specifies the procedures for criminal cases in the UAE. Related Links A leading barristers chambers specialising in Criminal Defence, Fraud, Health & Safety and Professional Discipline & Regulatory law. The guide is segregated in few but most relevant question in relation to criminal proceedings. family guidance committees. 17 of 2018. 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! One must understand that a Criminal case is purely a punishment for a criminal act, i.e., issuing a cheque without sufficient balance. If he did not admit, the court shall hear the testimony of witnesses unless the crime is punishable by a death sentence where the court shall complete the investigation – Article (165). 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. When children under the age of 18 and below are involved, this will be filed under the juvenile cases. The public prosecution, the convicted, and the party claiming damage have the right to challenge the final ruling rendered by the Court of Appeal at the Court of Cassation in a felony or misdemeanour under the circumstances specified in the Article (244). One must understand that a Criminal case is purely a punishment for a criminal act i.e. Dubai’s Strong Drug Policy. This timeline records significant cyber incidents since 2006. 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). "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. Children 18 and below cannot be charged with a criminal law and cannot be imprisoned. “There is No Freedom Here” Silencing Dissent in the United Arab Emirates. The case is In Re Terrorist Attacks on September 11, 2001, 03-md-1570 (Daniels / Netburn). Title of the case. The prosecutor is obliged to draft legal description of the matter before referring to the criminal court or another relevant court as the case may be. 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. Keep a step ahead of your key competitors and benchmark against them. Mediation. The judicial system is essentially divided into two types of cases: civil and criminal. We focus on cyber attacks on government agencies, defense and high tech companies, or economic crimes with losses of more than a million dollars. After that the charge against him shall be recited, and the public prosecution and the party claiming damage, if any, shall present their respective claims. [sociallocker] Juvenile Cases. Jurisdiction of UAE Courts. A complaint shall be submitted to the public prosecutor or to a judicial officer (i.e. The public prosecution initiates the investigation on its own in serious crimes as well misdemeanours where deemed necessary – Article (65). It also urged the plaintiff to file a civil case. If the result is positive, the file will be forwarded to the Criminal Court whereas, in the opposite, the complaint will be rejected. Judicial proceedings in the UAE? If the accused was caught red handed, the complaint may be submitted to any public authority officer (i.e. Any party aggrieved from the decision of the Court of First Instance can file an appeal before the Court of Appeal and subsequently can file an appeal before the Court of Cassation against the decision of Appeal Court. Criminal Status of Financial Cases. 2. 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. The Federal Law No. UAE Ministry of Labour or Labor Department help line tel 800-655 toll free in Abu Dhabi, Dubai and the UAE. The authorities in UAE started a new procedure to apply the existing Federal Criminal Law. In certain cases, the police officer refuses to accept the complaint as the case falls beyond the jurisdiction of the police station. 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. The law seeks to strike a fine balance between the respect for personal freedom of individuals and the protection of public interest, while taking appropriate measures to ensure that no criminal escapes unpunished. Further details on procedures for criminal cases can be found under the UAE Criminal Procedural Law – UAE E-Legal Portal. Civil Procedure. The legislative view on dishonoured cheques in the UAE: has the status changed in the last seven years? The United Arab Emirates is known for its strict policies relating to drugs use and traffic. The search and the seizure of objects and papers should be carried out in the manner specified by the law – Article (53). The law promulgates UAE Criminal Procedural Law (Penal Procedures Law) which governs criminal procedures in the UAE. Criminal records. Source: 4. 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. It proposes and implements amendments to the rules of procedure for civil and criminal litigation as would serve the interests of justice. 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). 5. Who is a public prosecutor and what are his functions? The Criminal Procedures Law promulgated by Federal Law No. 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. • If you are appealing an infraction case, read the Information on Appeal Procedures for Infractions (Form CR-141-INFO). Responsibilities of the UAE President Members of the public authority (i.e. The Criminal Procedure in the UAE gives the victims of any form of crimes a legitimate prerogative to claim compensation. 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. 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. Questions? 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). Tenant/Landlord Cases Civil Case. Criminal Procedural Law – UAE E-Legal Portal. 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. 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. 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). 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. As I am extremely happy with the newsfeed (it is one of the best I receive) I have no suggestions at this time for improvement.”, © Copyright 2006 - 2021 Law Business Research. The judge may decide in the case based on his personal conviction. The law, which was issued by late HH Sheikh Zayed bin Sultan Al Nahyan on June 15, 1992, comprises a set of rules that describe the methodology and procedures for criminal investigation, the trial of accused, rendering Judgment, conditions for appealing Judgment at upper courts and the enforcement of Judgment. This is in accordance with Federal Law Number 3 of 1987 regarding UAE Penal Code. The court, during the hearing, may summon and hear the statements of any person even if it requires an arrest warrant – Article (172). 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