The legal system in the UAE enjoys the reputation of having rigid laws, an efficient system, and a passion for dispensing justice. No matter your status, whether an Emirati, a foreigner, or a businessman, it is necessary to know the criminal procedure involved in UAE courts. There are many types of offences covered under the UAE’s criminal law, which include cybercrimes, financial crimes, assault, burglary, and drug offences.
Charter Legal gives professional advice on the rights of a person during criminal proceedings. In this blog, we explain the criminal court procedure in the UAE.
Understanding Criminal Law in the UAE
The criminal justice process in the UAE is regulated by the federal law, laws of individual emirates, and Sharia law. The UAE legal system follows the civil law model, whereby the courts have an important part to play in analysing evidence and adjudicating cases.
The crimes committed are broadly classified into three categories:
- Felony – These are grave crimes like murder, smuggling of narcotics, and financial fraud.
- Misdemeanour – This refers to crimes that include minor assaults, dishonoured checks, or petty theft.
- Infringement – These are less serious crimes that usually attract monetary fines or verbal warnings.
The UAE government takes a very serious approach towards crimes committed within its jurisdiction.
Filing a Criminal Complaint
In the UAE, the procedure in criminal cases will be initiated by the submission of a complaint to the police station. The complainant is expected to provide all information about the case with the provision of these pieces of evidence, if available:
- Documents
- Statements from witnesses
- CCTVs
- Messages
- Financial records
Once the complaint is filed, an initial investigation procedure will follow. Testimonies from both the complainant and the accused will be collected. This time it is recommended to hire a lawyer; Charter Legal is one option.
Police Investigation Process
Police investigation is an important phase in criminal investigations. The police conduct interrogations, gather evidence, and report the results of their investigations. In certain cases, when there is suspicion that the suspect might run away or tamper with any evidence, a temporary arrest can be made.
Some of the activities done by the police at this stage include:
1. Interrogation
Interrogation of the suspect regarding the crime that he/she is being charged with. Statements made are recorded for use in court at a later date.
2. Gathering of Evidence
Investigation of physical evidence, documents, and witnesses to ascertain that indeed a crime has occurred.
3. Referred to Public Prosecution
If sufficient evidence is gathered, the case is referred to the Public Prosecution Office.
4. Role of the Public Prosecution
The Public Prosecution is an important entity in the UAE’s criminal law process. The Public Prosecution considers police reports, investigates the facts of the matter, and decides whether to pursue charges.
The Public Prosecution may:
- Determine that no case can proceed due to lack of evidence
- Seek further investigation
- Charge the accused in front of the criminal court
The accused can also be re-questioned at this point. It is important to have legal representation since whatever one says in the presence of the Public Prosecution will influence how the case turns out.
Criminal Court Proceedings in the UAE
Following filing of the case, it then moves on to the criminal court. Court hearings in the UAE are done in Arabic, and all legal documentation must therefore be translated into Arabic in case they were done in any other language.
1. Initial Hearing
This is where the charges are presented to the suspect in the case. The suspect can either accept or refute the charges.
2. Examination of Evidence
This is done by the judge by considering:
- Reports from the police
- Statements made by witnesses
- Testimonies from experts
- Documentation provided
3. Forensic reports
Contrary to the way cases are handled in many other jurisdictions, judges in the UAE are actively involved in the examination of evidence.
4. Legal Defense
It is possible for the suspect in the case to employ a criminal lawyer to represent him before the court. Law firms like Charter Legal help clients defend their cases legally.
5. Judgments and Penalties
After the deliberations, consideration of the evidence produced by the disputing parties, the court delivers its verdict. Depending on the type of crime committed, punishment may take different forms:
- Prison sentence
- Fines
- Deportation for non-citizens
- Community service
- Restriction of travel
Compensation to victims may be ordered in some situations.
Appeal of Criminal Verdicts in the UAE
Both plaintiffs and defendants can choose to challenge a decision made by the courts on their case in the UAE jurisdiction. They have the option to appeal if they are not satisfied with the court’s decision.
1. Court of Appeal
Here, the ruling of the lower court is examined, affirmed, revised or rejected after thorough review of the facts.
2. Court of Cassation
Further appeals to the Court of Cassation may be allowed on matters involving law.
Importance of Hiring a Criminal Lawyer in the UAE
Being involved in criminal lawsuits might become a troublesome matter in the UAE. The person needs to turn to a specialist criminal attorney who will advise about his/her rights and duties throughout the process, prepare the required documentation, represent your interests at the authority’s office, and do whatever he/she can to defend their rights.
At Charter Legal, you receive quality legal representation if you face criminal cases in the UAE. Our professional lawyers will help you go through all the steps of legal procedures, starting from the investigation till trial.
Conclusion
It is vital to get acquainted with the specifics of how criminal lawsuits should be resolved in the UAE courts. This matter requires following some procedure, including police investigation, examination of the documents by the prosecutor’s office, and trial.
One should turn to lawyers in time because this move plays a crucial role. With the help of professionals from Charter Legal, you will have no difficulties facing criminal proceedings.