criminal law

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January 16, 2017

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A thorough study demonstrates that under the UAE criminal procedure law, the arrest of an individual might take place mainly in three potential scenarios. These are explained as follows.

First is when the arrest order is issued by Judicial Police Officers. Under Article 45 of the Criminal Procedure Law, the law provides the Judicial Police Officers with a discretionary power to order an arrest of an individual against whom there is evidence that he committed a crime in the following cases:

  1. In crimes of felonies.
  2. While caught committing an offence in misdemeanours that are not punished by fines.
  3. In misdemeanours, they are not punished by fines if the accused is under investigation or, probably, he may escape.
  4. In misdemeanours of fraud, theft, treasury, 'severe assault, resisting public force personnel by force, breaching public manners, as well as felonies related to weapons, ammunition, alcohol, and hazardous drugs.'

Such arrest orders could be issued in the presence or absentia of the accused.

After getting the accused arrested, the Judicial Officers are most likely to refer them to the Public Prosecution within a period of a maximum of 48 hours. The Public Prosecution would have the right to decide whether to issue an arrest order or another order to keep him in detention for a longer period or to release him. This is per Article No. 47 of the Criminal Procedures Law.

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 is only guidelines. You should certainly not postpone pursuing legal advice, ignore legal advice, or begin or suspend any legal action because of the information provided in this article. You must not rely on the information in this article as a substitute for legal counsel from your attorney or any other practising professional legal services provider. This information is drafted by a licensed legal practitioner and sent from Al Rowaad Advocates & Legal Consultants which is a law firm to practice law under UAE Law.


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Comments

excellent information >> thank you a lot .....sir
mazen dahabreh
2019-08-13

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