Criminal Law of UAE

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Criminal Law of UAE

 

  • What is criminal Law?

Crime is defined as an illegal act that is subject to punishment under the laws of a nation or the country. In the United Arab Emirates, criminal behavior is governed by the Federal Penal Code, whose provisions are largely based on Islamic law.

The criminal law is the actual legal structure that controls crimes and how they are punished in a given State or nation. It focuses on the alleged events in particular rather than criminal theories in general.

  • What does the term Crime include?
  • Physical and domestic abuse
  • Violations of human dignity
  • Drug use, possession, and shipping
  • Sexual assaults
  • Murder or a murder attempt
  • Stealing, robbing
  • Cybercrimes
  • Defamation 
  • Extradition
  • Privacy Attack
  • Tracking criminal activity and gathering proof

Investigators from various government agencies of UAE have the right to investigate crimes and gather evidence. These include judicial representatives from the Criminal Courts of UAE, prosecutors, and Police Department of UAE.

Furthermore, a number of other people are permitted to acquire evidence in criminal investigations. They consist of:

  • Armed forces staff
  • Border police of UAE
  • Coast guards 
  • Immigration officials
  • Municipal inspectors
  • Ministry of Health and Prevention inspectors
  • Individuals of UAE rights and responsibilities

The legal system in the UAE protects human dignity. A person accused of a crime is considered innocent unless and unless proven guilty under criminal procedural law. As a result, it follows specific protocols while handling criminal matters. As follows:

  • No one may be punished criminally before his guilt has been verified according to the law.
  • Any arrest, search, custody, or jail must occur in accordance with the legal requirements.
  • Only locations designated for that purpose and for the duration mentioned in the warrant issued by the appropriate authority may be used for arrest or jail.
  • Except in the situations listed in these laws or in response to a resident’s request for assistance who may be seriously in danger for his or her life or property, law enforcement officials such as the police are not permitted to enter any place of living.
  • Anyone who learns of a crime that the public investigator is investigating may make a criminal complaint.
  • Anyone who sees the criminal should turn him over to the nearest police official without waiting for an arrest order.
  • Can the person who was assaulted bring any witnesses?

In the UAE before the police, the complainant will have the chance to call witnesses to testify in his or her favor.

  • What are the punishments in UAE?
  • (Capital Punishment) Death
  • Life in jail (15 years or more)
  • A short-term punishment (3 to 15 years)
  • (1 to 3 years) of jail
  • Prison (for a month to a year)
  • Flagellation (200 lashes or more) 
  • Fines
  • How Do Criminal Activities Proceed In UAE?

After the complainant has made, the police speak with the accused person and record their conversation. This happens during the course of the criminal investigation.

The accused person may provide the police with names of possible witnesses who might be able to testify in their support throughout this process. These witnesses may be contacted by the police, who would then take statements.

The complaint is then forwarded by the police to the relevant departments (such as the department of electronic crimes and the department of forensic medicine) for review.

  • How can a UAE lawyer assist you with your criminal case?

Everyone charged with crimes carrying the possibility of life in prison or the death penalty must be represented by a skilled lawyer. The court will appoint one for the person if they are unable to afford one.

In general, the government has the only authority to conduct the investigation and to order charges in accordance with the law. However, in some of the instances , the complainant may bring the action on his own or through an attorney.

It’s crucial to remember that in Dubai or the United Arab Emirates, the qualified Emirati Advocate must be fluent in Arabic and have the legal skills.

  • What happens during court hearings?
  • The charge against the accused will be read aloud by the judge when the case begins.
  • The victim (or the victim’s legal representative) and the public prosecution will next make their respective arguments at the first hearing.
  • The accused person will be questioned about whether they admit or deny the allegations.
  • The court will schedule another hearing date so that the accused can answer the allegations if there is no admission of guilt.
  • The court will issue an order in absence if the accused individual (who has been duly called) does not show up in court on the date provided in the notice.
  • How long will the hearings take?

There will be a series of hearings approximately 2-3 weeks apart during which parties formally appear.

  • Conclusion

Criminal proceedings in the UAE can be difficult and complicated, especially for foreigners who may not speak Arabic. The above summary should be helpful to anyone who is thinking about filing or is already the subject of a criminal complaint. Many of the foundations, such as the accused’s right to offer a defense and the right to appeal, will remain the same even though the process may be considerably different from that found in o

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