The above overview should assist those contemplating making a criminal complaint or those subject to one. 12/1986 dated 29/10/1986, and . (Article 28 of Constitution, Article 100 of Law of Procedures, Article 160 of Law of Procedures ). The police transferred the complaint to the public prosecution for its review. The victim and the accused have the right to file memoranda (or pleadings) which set out the claim, defence and all other evidence upon which the parties rely. If there is more than one victim in the crime, a complaint from one of them is enough to initiate a criminal action. The complaint needs to set out the incident that occurred and sequence of events pertaining to the criminal offence. 1. Once the police have taken the statements of all parties and finalized their task, the complaint will be referred to the public prosecution, a judicial authority empowered to refer cases to the criminal court in the event the responsible prosecutor assigned to review the case finds that a criminal offence has taken place under the UAE Penal Code (Federal Law No. 2 of 2015. Victims cannot formally appeal the criminal court’s judgment per se as they are in principle represented by the state, (i.e. However, to establish a civil claim for damages, the plaintiff would need to prove financial loss as a direct result of the slanderous acts. These instances include: Provided, in the above cases the complaint will not be accepted after three months since the victim knew about the crime and the party who committed a crime, unless otherwise provided by the law. Hiam Abdullah The misdemeanour Court of First Instance consists of a single judge while the felony court comprises three judges. A criminal action lapses if the victim withdraws his complaint. In February 2014, the Plaintiff filed a criminal complaint before the Dubai police against its former employee for making defamatory and derogatory statements against the Plaintiff through emails sent to the Plaintiff, its employees and other members of the public. Disclaimer: This chat service should not be relied upon as a substitute for professional advice which takes account of your specific circumstances and any changes in the law and practice. Mr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration. Defendant's home may not be searched without a search warrant from the public prosecution unless the defendant was caught red-handed and with strong hints that the defendant was hiding in his house such objects or papers which might uncover the truth. We, Khalifa Bin Zayed Al Nahyan, President of UAE, Pursuant to the perusal of the Constitution, - Federal Law no. They are not compensation for the victim (save for blood money claims), nor do they indicate the level of compensation to be afforded to the victim in any civil claim. 37, in the Emirate of Dubai at least, is a very big deterrent in the fight against financial crime. Which service are you looking for? This is what they call criminalization of rape victims. Contract formation. The UAE mGovernment is not responsible for the accuracy of information in the translated language. 24/1981 dated 07/11/1981, and . If the accused did not appoint a lawyer, the court shall provide him with a lawyer whose fees are to be incurred by the state, as provided by the law. ARTICLE (10) In the event of non-availability of national workers, preference shall be given to: 1.Arab workers who are nationals of an Arab Country. It also has the authority to track it until a final judgement is rendered. The number of hearings and hence the time it will take to set the matter down for judgment will depend on the length of time taken to serve the defendants with notice of the court proceedings and the complexity of the issues and memoranda that are filed. The aim of the portal is to improve understanding of the UAE's laws and legal system. Public Prosecution is part of the judicial body. Federal Law no. They are: Anyone accused of a felony (or a serious crime) punishable by a death sentence or life imprisonment may have a lawyer to defend him at the trial stage. 3 of 1987). If there is no admission of guilt the court will then set another hearing date to allow the accused to respond to the charges. The revised Penal Code of 2016 makes it illegal to bribe a foreign public official (Baker McKeznie 2017). Bribery offences under the UAE Penal Code. The legal portal has a menu which enables you to search under following links: In the UAE, plaintiffs do not need to prove financial loss in a criminal complaint for defamation. In the UAE, it’s illegal to “use a computer network and/or electronic … There will be a series of hearings approximately 2-3 weeks apart during which parties formally appear and file memoranda. Associate - However, if the complainant seeks the legal services of an attorney, then professional legal fees will need to be paid to the attorney. The Federal Law No. Local police usually refer the matter to the prosecutor's office within 48 hours of the filing of the complaint. On the Federal level, the UAE Penal Code criminalizes corruption, embezzlement, abuse of office, passive and active bribery, bribery or attempted bribery of public employees, a term that covers everyone performing a job for the public service. No fees will need to be paid for filing a criminal complaint before the police. Criminal actions in the UAE commence with filing a complaint with the local police in the jurisdiction where the offence was committed. (14) of 1995 on fighting narcotics and psychotropic substances and its amendments; - Federal Law no. The accused has 15 days to challenge the First Instance Court’s judgment before the Appeal Court and 30 days to appeal against the Appeal Court’s verdict before the Court of Cassation. This is covered under the Article 120 of the UAE Labour Law. Disclaimer: You are using Google Translate. Litigation. If the accused is a female, a female assigned by the judicial officer should carry out the search after taking an oath. If the accused was caught red-handed, the complaint may be submitted to any public authority officer (i.e. insult, slander and other crimes as specified by the law. In the case of a dispute relating to a Free Zone entity, employees should submit their disputes to the relevant Free Zone Authority who will then refer the issue to the Ministry of Labour. 3 of 1987). Once the police have referred the matter to the public prosecutor, the prosecutor will summon the complainant and the accused separately for an interview and both parties may also be given the opportunity to bring witnesses to testify in their favour before the prosecutor. They include: The role of police is to safeguard the public, take initial statements from complainants and witnesses, arrest suspects, carry out investigations and execute orders from the Public Prosecution to assist in the investigation process.