A crime can be classified generally as ‘infractions’, ‘misdemeanours’ and ‘felony’ depending on the seriousness of the offence.
Infractions are minor violations under the law and are punishable by either detention of up to 10 days and /or fines of up to AED 10,000. ‘Misdemeanours’ are crimes which are considered to be less serious than felonies. A misdemeanour is a crime punishable by a jail sentence (up to 3 years) and/ or fine exceeding AED 10,000 and/or blood money “Diya”. Offences that are termed misdemeanours can comprise petty theft, driving under the influence of alcohol etc.
‘Felony’ on the other hand, constitutes a serious crime that is characterized by more stringent punishments, including the death penalty, life imprisonment and temporary imprisonment. The type of offences that constitute a ‘felony’ includes murder, rape, drug trafficking etc.
Different Stages of a Misdemeanour or Felony Charge
Complaint stage:
In this stage, the police will refer the complainant to the relevant section of the police department, which would be responsible for investigating the offence. At this stage, the police will proceed to record the statement of the parties, and once the investigation is completed, the complaint will be finalized and referred to a public prosecutor for further steps.
Public prosecution Stage:
A criminal complaint is referred to the public prosecution office at this stage. The public prosecutors are authorized judicial authorities who are empowered to review the cases referred to them and to conclusively record if a criminal offence has taken place or not.
The public prosecutors often summon both the complainant and the accused and also provide them with the opportunity to bring witnesses on their behalf. Statements of both the parties and their witnesses are recorded, and the parties are also required to sign the statements. The public prosecutor then proceeds to file the criminal case before the criminal court for further steps.
On the other hand, if the public prosecutor records that the crime has not been established, then further steps will not be issued.
Criminal Court Stage:
The UAE criminal courts comprise three court stages, namely, the First Instance Court, the Court of Appeal and the Cassation Court. Within the first instance court itself, ‘Misdemeanours’ are tried before a single judge, and ‘Felonies’ are tried before a panel of three judges.
The procedure before a criminal court comprises a trial stage wherein the claims are heard by the Court, and all the parties are allowed the time to present their claims. An accused person is required to appear in person when summoned to the Court for a hearing. The Court will ask the accused to either plead guilty or to otherwise respond to the charges. If the accused pleads ‘not guilty’, the Court will proceed to set another subsequent hearing date to allow the accused to present his defence and also to bring witnesses on his behalf.
Once the Court is satisfied that the pleadings are completed and the evidence, including witness hearings, has been completed, the Court will proceed to issue its verdict.
A verdict from the Court of First Instance can be appealed before the Court of Appeal, and the verdict from the Court of appeal can be appealed before the Cassation Court on specified grounds.
اتصل بنا
اتصل بنا
