Many people often feel offended when they are charged with a criminal case, which could be for financial crimes, physical violence, cyber crimes and so on. Some individuals think that they will receive compensation if they file a criminal case against the perpetrator. However, that is not the case. In criminal cases, if the guilt is proven against the accused, the accused receives punishment under the criminal laws of the UAE. Even if the criminal court decides to impose fines on the accused, the fine is payable to the court and not the victim. The victim will still have to file a separate case for claiming compensation from the accused. As people often get confused at this stage, I decided to write this article to shed some light on the matter.
The UAE Criminal Procedure Law gives the right to all victims in any crime, without any exceptions, to claim compensation. Although we understand that in many cases regardless of whether the matter is financial or non-financial, sometimes money does not change things, but it helps people ease their catastrophes.
The right of claiming money is given to the victim at the criminal procedure stage before the judgment of the First Instance Criminal Court is pronounced. The law does not put any general limit, whether maximum or minimum, to claim such amounts and it is left to the discretionary power of the courts.
If insurance is already in place, and the crime resulted in damage to the insured, in that case, the insurer or the insurance company may claim the money before the criminal courts at any stage of the proceedings.
The criminal courts have the right to decide on the civil claim, which was raised alongside the criminal proceeding in the following situations:
A.) Firstly, if the accused has been found guilty, the courts will have the discretionary power to award either full compensation or part of it.
B.) Secondly, if the person has been found guilty, and the court considers it to be difficult or time-consuming to evaluate the compensation amount as it would require further investigation, the court has the right to declare the accused as 'Guilty' and decide on his sentence. The courts would refer the civil claim to the Civil Courts in accordance with Article 26 of Federal Law No. 35 of 1992 (UAE Criminal Procedures Law).
C.) Thirdly, if the person is found 'Not-Guilty', because the matter is solely related to civil disputes, the Criminal Courts in most cases would dismiss the criminal charges but would refer the civil cases to the civil courts. Finally, if the accused has not been found guilty, it is more likely that the courts would not favor the compensation.
One of the most common questions which we get from our clients is 'shall we file a civil case before the Civil Courts now or the Criminal Courts?'
Although the answer to this question varies from crime to crime, depending on the nature of the accusation, if the client wishes to file for civil claim, it would be more prudent to advise to file it first in the Criminal Courts. This is because it offers the victim and his lawyer two important rights. First, to participate and attend the hearings in the First Instance Courts. Second, to raise grievance for appeal in case the criminal charges are dismissed.
Another important question raised by many clients is 'what will happen if the accused has been given a 'Not-Guilty' judgment, does that mean that the civil case will automatically be dismissed?'
The answer to that is, no, not necessarily. The courts may dismiss the charges on account of no breach of the criminal law, but there could still be a valid claim in the civil courts whether on the basis of tortious liability or contractual liability.
The victim has the right to drop the civil claim at any time throughout the whole proceedings.
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 practicing professional legal services provider. This information is drafted by a licensed legal practitioner and sent from Dr. Hassan Elhais which is duly licensed to practice law under UAE Law.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE criminal law matters, including financial-crime allegations, money laundering and complex financial transactions. For readers researching a financial crime lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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