criminal law

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January 16, 2017

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Regardless of whether the Public Prosecution received the arrest order of the accused or not, the law gives them the right to issue their arrest orders according to Article 101 of Federal Law No. (35) Of 1992 (Criminal Procedure Code).

Article 101 of the Criminal Procedure Code indicates that the arrest order by the Public Prosecution would indicate the name of the accused, along with his or her profession, residence, nationality, accusation and the date of when he has to see the Public Prosecution. This would have to be signed by the Public Prosecution member and stamped with the authorized seal.

In most of these cases, Public Prosecution would issue the arrest order if the accused does not attend after he was summoned without a valid justification if it is feared that he would escape or does not have a known place of residence, or if he was caught in the act of the crime. The Public Prosecution member may issue a surrender and detention order for the accused even if the event does not require pretrial detention.

Such arrest orders would be valid for only six months. However, they may be extended with the approval of the Public Prosecution.

Once the accused, who is under arrest, has been referred to the Public Prosecution, generally, they do not take more than 24 hours for the investigation before deciding whether to release them or to place them under pretrial imprisonment order.

If an arrest order has been issued against the accused and he is caught outside the dominion of the investigating court, which might be a different Emirate than where he or she was initially arrested, then he shall be reassigned and returned to the Public Prosecution in the Emirate which primarily issued the warrant. This is following Article 105 of the Criminal Procedures Law.

It is important to note here that someone getting arrested does not mean that the person will stay in jail. In many cases, the accused would be subjected to arrest for only 48 hours and until they meet the Public Prosecution, who then decides to either release them or keep them detained until the investigation is concluded.

On the other hand, for some accused the detention period, until they meet the Public Prosecution, might not be more than 24 hours. If this time elapses, he might be releasedaccording to Article 104 of the same law. Therefore, the detention administration tends to refer the accused to the Public Prosecution for questioning immediately.

Disclaimer: This article comprises broad and general information about legal matters. The material is general advice and not legal advice, and should not be treated as such. The legal information in this article is extracted from the UAE Criminal Procedures Law Federal Law No. (35) Of the Year 1992 and based on our experiences as a law firm. The information provided are only guidelines. You should certainly not postpone pursuing legal advice, ignore legal advice, or begin or suspend any legal action because of information provided in this article. You must not rely on the information in this article as a substitute to legal counsel from your attorney or any other practicing professional legal services provider. This information is drafted by licensed legal practitioners and sent from Al Rowaad Advocates & Legal Consultants which is a law firm duly licensed to practice law under UAE Law.


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Comments

Very insightful articles, out of curiosity, does Article 104/105 governance or specify the maximum period of detention?
Mohammed
2024-03-16
Thank you for your comments. Articles 48 and 107 of the criminal procedures law provide information on the rights of the defendant and the renewal of the detention order. The Public Prosecution brings the lawsuit file to a competent Criminal Court judge if the inquiry requires longer detention. The judge will review the case, including the defendant's statements, and decide whether to extend detention for up to 30 days, with the option to renew. Grievance against an order to extend custody can be filed within a certain duration. If you would like to discuss the matter further, please do not hesitate to contact us. Dr. Hassan Elhais
Dear Sir, Your article was helpful for me. I will recommend your name to my friends if someone suffer from any legal issue, Thanks a lot for your kind consideration. Please update me when there is something which could benefit me. Have a nice day.
Al Mass
2019-11-20
Thank you!   Dr. Hassan Elhais
Very good writeup! I shared your blog on my Tumblr. I hope my readers would find it interesting as well.
Andrew Gavrilov
2019-09-25
Thank you!   Dr. Hassan Elhais

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