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.
The public prosecution constitutes the judicial authority which is headed by the attorney general and followed by the senior advocate general, advocates general, chief prosecutors and prosecutors. The higher members of 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 criminal cases until a final judgement is rendered.
Collection of evidence:
Various government departments are assigned with the responsibility of inspection and collection of evidence, including the police department, public prosecution and the criminal court. Pursuant to Article 30 of the Criminal Procedure Code, the judicial police are tasked with the responsibility to inquire about crimes, search for the perpetrators and collecting the 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 (Article 31).
When Sufficient Evidence Exists
Pursuant to Article 45 of the Criminal Procedure Code, when sufficient evidence exists concerning a 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:
In the matter of felonies;
In suspected misdemeanours sanctioned by a penalty other than the fine;
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;
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.
In Other Instances
Insufficient Evidence:
In accordance with Article 118/1 of the Criminal Procedure Code, if the public prosecution 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 the withdrawal of legal action by the complaint in certain types of cases. Article 10 of the Criminal Procedure Code states crimes related to theft, breach of trust, where the victim is a spouse of the perpetrator, or crimes related to insult or slander, etc. can be lodged upon a written or verbal complaint of the victim. Article 16 of the Criminal Procedure Code further clarifies that the party who has submitted the complaint can relinquish it at any time before reaching a final decision on the complaint.
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 as listed below occur. In such instance, the public prosecution may not initiate the said matter further 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 (As discussed in point (ii) above.
General Pardon.
Repeal of the law which punishes the same act.
With the exception of crimes punishable by the Divine ordinance, chastisement law, blood money and crimes punishable by the death penalty or life sentence, the criminal case shall lapse after twenty years.
The misdemeanour cases shall lapse after five years, with the violations lapsing after one year, and all the terms mentioned above shall be calculated from the day of the crime being committed.
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