The Criminal Procedure Law in the UAE

The Federal Law No. 35 of 1992 concerning the ‘Criminal Procedure Law’, specifies the procedures for the prosecution of criminal cases in the UAE (‘Criminal Procedure Code’). The rules and procedures concerning investigation, trial procedure, evidence, judgment, appeal procedures, and enforcement measures are stated in the criminal procedure code.


What is The Public Prosecution and its Responsibilities
The public prosecution constitutes the judicial authority which is headed by the attorney general and followed by the hierarchy of senior advocate general, advocates general, chief prosecutors, and prosecutors.

The higher members in the hierarchy have the authority to both monitor and supervise their subordinates.

As part of its responsibilities, the public prosecution is responsible for initiating and taking action on criminal cases on behalf of the society members, either by referring the criminal case to the court for trial or by issuing a decision of dismissal. Under Article 7 of the criminal procedure code, the Public Prosecution has exclusive jurisdiction to initiate and prosecute criminal proceedings. It also has the exclusive authority to track the criminal cases until a final judgment is rendered.


Collection of Evidence
Various government departments are assigned in terms of inspection and collection of evidence – which includes the police department, the public prosecution, and the criminal court.

Under article 30 of the Criminal Procedure Code, the judicial police are tasked with the responsibility to inquire about crimes, search for the perpetrators, and the collection of necessary information and evidence as part of the criminal investigation.

Further, the judicial police are answerable to the public prosecution office and are also under the direct supervision of the public prosecutor in the performance of their duties.

Case Proceedings When Sufficient Evidence Exists
Pursuant to Article 45 of the Criminal Procedure Code, when sufficient evidence exists concerning a given criminal complaint

The judicial police officer may order the arrest of the accused, present and against whom there is enough evidence that he committed a crime, in any of the following instances

1. In matter of felonies.
2. In suspected misdemeanours sanctioned by a penalty other than a fine.
3. In misdemeanours sanctioned by a penalty other than the fine, if the accused is put under surveillance or there is an apprehension of his escape.
4. In misdemeanours of theft, deceit, breach of trust, severe transgression, resistance by force to public authority officers, violation of public morals, misdemeanours concerning arms, ammunition, intoxicants and dangerous drugs.


Other Case Proceedings
Insufficient Evidence

If the prosecution office deems that there is no reason to pursue the action further due to lack of evidence or for other reasons, it shall order that the complaint be archived and not be lodged with the court for trial.

Withdrawal of Complaint
The UAE laws allow for withdrawal of the legal action by the complainant in certain types of cases. In the instance wherein the victim dies after submitting a complaint, the right of withdrawal passes to his legal heirs.

Lapse of the Criminal Action
Pursuant to Article 20 of the Criminal Procedure Code, a criminal case shall be deemed to have ceased or lapsed if the following circumstances occur
- Death of the accused.
- Issuance of a final judgment.
- Submitting a waiver of the case by the party who has the right thereof.
- General Pardon.
- abrogation of the law which punishes the same act.

Further, as per Article 20, a victim shall be barred by limitation period to initiate a criminal action except for qisas crimes, diya (blood money), and the felonies punished by death sentence or life imprisonment, the criminal action shall extinguish by the lapse of twenty years, and it shall extinguish by the lapse of five years in misdemeanours; and one year in case of violations, such prescriptive period shall start from the date of perpetration of the crime in all cases.


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