Laws of Criminal Justice is what binds the community together. There are several laws laid down by the Government to protect the community from any harm. The process of criminal proceedings for people subjected to it is long and complicated especially for expatriates since the Arabian Laws are different from their home country.
How can victims file a criminal case in the UAE?
In order to initiate criminal action, the victim has to file a complaint against the offender before the police. The complaint needs to be a walkthrough of the incident; a sequence of the events that occurred before the police. The complaint can be in writing or an oral statement which the police will record in Arabic and it needs to be signed by the complainant. The victim has to file a complaint with the police station that has jurisdiction in the area that the crime took place. The victim is allowed to bring a witness to testify on his or her behalf before the police.
What happens after the complaint is filed?
The police will transfer the complaint to the relevant department of the police station for reviewing the case i.e cyber crimes department or the forensic department. Once the police have prepared all the relevant documents it will then be transferred to the public prosecution. According to the UAE Penal Code (Federal Law No. 3 of 1987), judicial authority is empowered to refer cases to the criminal court in the event the responsible prosecutor assigned to review the case finds that a criminal offense has taken place.
Will there be any legal fees associated with the filing of the complaint?
No fees are required to file a complaint with the police. However, if the complainant requires legal service then the legal fees need to be paid to the attorney. You can hire Top UAE Lawyers in Dubai who can guide you every step of the way and be on your side.
How are crimes categorized under UAE Law?
It is categorized under three categories depending on the seriousness of the crime and the punishment that may be applied
- Contraventions (violations)- any act or omissions under the laws or regulations. In this case, offenders can be in custody for not less than twenty-four hours and not more than ten days. It may also include a fine of not more than one thousand dirhams.
- Misdemeanors- The punishment for misdemeanors include confinement, fine of more than a thousand dirhams, Diyat (payment of blood money)
- Felonies – The Penalty for Felonies are Diyat (payment of blood money), temporary imprisonment, Life imprisonment, or death penalty.
Is the offender or victim required to attend the court hearings?
Any person accused of criminal offenses must personally appear before the court if the offense for which they are accused of carries a prison sentence. Victims are allowed to have their legal representatives appear on their behalf and are not required to attend court appearings.
What happens in the court hearings?
- The trial begins with the judge announcing the parties involved in the case and the charges against the accused.
- The public prosecution and the victim will cite their claims at the first hearing.
- The accused will be asked whether he or she admits or denies the charges.
- The court will set another hearing date if there is no admission of guilt.
- If the accused fails to appear on the hearing date, the court can issue a judgment in his absence.
If the court believes that an expert opinion is required in the case, he will appoint an expert and ask him to submit his report. Once all the pleadings are exchanged, the testimonies of witnesses are heard and the expert submits his report the court will set the matter for judgment.
What is the structure of Criminal Courts in the UAE?
The Dubai Criminal Court is charged with the protection of civilians and is empowered to imprison, fine, and acquit any accused charged with criminal offenses. All proceedings must be done in Arabic. The UAE Court System comprises of three stages
- The Court of First Instance
- The Court of Appeal
- The Cassation Court (final appeal court)
It is of absolute importance that you hire any Criminal Lawyers in Dubai so that you have access to expert advice in such sensitive cases. Having a lawyer by your side will be beneficial because he can guide you through every step of the way.
In conclusion, the criminal proceedings in the UAE can be complex and time-consuming especially expats who are not aware of the native language. The proceedings in the Dubai Court can be different when compared to the jurisdictions of other countries but the fundamental procedures remain the same such as the right of the accused to present a defense and the right to appeal.