Filing a criminal case in Dubai: Know The Laws

Criminal Law is simply the body of law that relates to crime and is established by statute . The UAE is no different when it comes to criminal law. The criminal law in UAE is not entirely based upon the Sharia law even though it has a emphasis on it. Criminal law includes substantial laws as well as procedural laws. The substantial laws dictates what the offences are, what can be treated as wrong, the punishment and rehabilitation of people who violate such laws. On the other hand the procedural criminal law treats the way and manner by which a criminal case can be filed , prosecuted , arrested , taken to trial up until its finality .

The procedure of criminal law begins when a party who require the assistance of the law comes forward with complaint or admission of such crime to the authority . Criminal procedure is taken up by a formal body that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair practice and consistency in the “due process”

The procedure of criminal law or criminal case in Dubai is as follows.

In order to file a criminal case in Dubai, the victim simply needs to approach the Dubai police. This can be done by going to the police station within the jurisdiction where the criminal act had occurred, and giving an oral or written statement describing the incident, which will then be recorded in Arabic by police and signed by the complainant. There is no fee for filing a criminal case before the police.

Alternatively, criminal complaints can also be filed online through the website of Dubai Police or through their mobile application. There are also smart police stations for the same. To file online complaint, one will be required to provide both personal details and the details of the incident, along with any proof that one may have. After filing the complaint, it is also required for the complainant to submit the evidences and sign the testimony at the police station. Once this step of filing a criminal complaint with the police is completed, the police will refer the complaint to a specific type of department within the police station, based upon the nature of the alleged criminal offence.

The Federal Law No. 35 of 1992 governs criminal proceedings in the country is the. Article 7 of this Law bestows upon the Public Prosecution, the exclusive jurisdiction to deal with criminal proceedings by initiating them, investigating and imposing charges. Hence, the complaint is then referred by the police to the Public Prosecution. A prosecutor will be assigned to review the case, who will then summon both the accused and the complainant along with their witnesses and interview them separately as part of the initial investigation. The statements given by the parties during the interview will also be recorded in Arabic.

If during his investigation, the prosecutor finds that a criminal offence has taken place, the competent court will be provided the details of the case and the parties involved will be asked to appear before the court. But, if this is not the situation and the prosecutor does not find any substance in the matter, the case will be archived.

The proceedings in court are conducted in Arabic hence it is required to submit an Arabic translation of all the documents being submitted. Usually the pleadings are submitted as written submissions but oral submissions by the witnesses are also allowed. The court may then either acquit or convict the accused.

The court may award a prison sentence or fine or both to the accused upon his conviction. The accused may appeal the case to the Dubai Court of Appeal within 15 days of the Court of First Instance passing judgment. The accused may further appeal to the Court of Cassation within 30 days of the Court of Appeal passing the judgment.

The constitution of the UAE upholds in the Article (27) of the Constitution of UAE (66 of the Egyptian Constitution) that: “There shall be no crime or penalty except by virtue of the law”, by saying that no penalty shall be inflicted except by a judicial sentence. The article upholds the sense of importance and authority of courts in the criminal justice system.

By Sharanya Bekal

Pic : Day of Dubai