- Legal Articles
- Ask Elhais
May 06, 2018|
Question: A few days ago, a friend of mine reported that Dh2,000 had been stolen from him. Police investigated and arrested some of his friends. They were all released except one. My friend who filed the complaint now wishes to withdraw the case. Is this possible and what is the procedure?
Answer: Although it is your friend's right as a complainant to sign a waiver of his rights of claiming any compensation, stealing is a crime that includes public rights and therefore cannot be closed by waiver of the charges by the victim / complainant. However, such waiver may be considered by the judge to lower the sentence for the crime. Taking into account that the judge has the right to replace the jail sentence with a fine, it might be helpful for the accused if the complainant submits such a waiver. The waiver has to be signed either at the Notary Public or before judicial authorities. If there is more than one victim, the waiver has to be given by all of them.
Question: I had a commercial case filed against me and the court ordered that I pay part of the claimed amount. Do I have a right to appeal this judgment? How long do I have to appeal it?
Answer: You may file your appeal within 30 days. The court will likely fix the appeal date where the judgment will be revised by different tribunal who will review the case and listen to your argument. The Appeal court has the right to reduce the amount, but your appeal will never be used against you to increase the amount. If the opposing party did not file an appeal to request an increase in the amount, your appeal will either be dismissed and the amount will stay the same, or it will be accepted and the amount will be reduced.
Note: There has been a recent amendment in the Criminal Procedure Law wherein under Article 347 of the Federal Decree Law Number 17 of 2018 specific misdemenour crimes can be resorted to penal reconciliation upon the request of the complainant.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.