Bail is a provisional release of an accused if he is not charged of a major crime. The provisions regarding bail in the UAE are governed by Federal Decree-Law No. 38 of 2022, Concerning the Criminal Procedural Law. It lays down the procedure to be followed regarding the crimes made punishable by Federal Law No. 31 of 2021, On the Issuance of the Crimes and Penalties Law.
When can an accused get bail?
An accused person can get bail:
- By the public prosecution or the court
- If he is accused of a crime not punishable by death penalty or life imprisonment, and
- If he provides security for bail
Under what circumstances can the public prosecution grant bail to the accused?
According to Article 108 of the Criminal Procedural Law, an accused may be granted bail by the public prosecution either by its own decision or upon a request put forward by the accused.
If the accused has been referred to trial by a competent court, his provisional release will fall under the authority of such court.
What kind of security is required to be furnished for bail?
If an accused is allowed to be released on bail, he is required to submit a guarantee on his part, which will assure his presence during the investigation of the offence whenever it is demanded. As per Article 109 of the Criminal Procedural Law, guarantee for bail can be of two types:
Personal Security: The accused may be required to submit his passport as a guarantee
Financial Security:The accused may be required to submit a financial bond, indicating a specific amount of money, as a guarantee
Moreover, the accused may be released on the condition that he will be banned from traveling.
What is the amount to be submitted in terms of financial security?
There is no fixed amount when it comes to furnishing pecuniary security; it is left at the discretion of the public prosecution or the court, as the case may be. However, under Article 109 of the Criminal Procedural Law, the amount should be such that it acts as an incentive for the accused in fulfilling all the duties imposed on him as well as preventing his absence from the investigation.
What happens if the accused fails to fulfill any of the duties imposed on him?
A third party can also be a guarantor on behalf of the accused, and furnish the appropriate financial security on his part, under Article 110 of the Law. In case an accused does not fulfill the conditions pertaining to his release without giving a satisfactory excuse, the financial security provided by the accused or the third party as guarantor will become the property of the government, as per Article 111 of the Criminal Procedural Law.
Can an order of a bail be revoked?
Article 112 of the Criminal Procedural Law states that the public prosecution can get an order of arrest issued against the accused despite the accused being released on bail, if:
- The evidence against the accused becomes stronger
- The accused fails to fulfill the obligations imposed on him, or
- The circumstances demand so
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