UAE Criminal Cases: Can a Victim Waive an Insult or Assault Complaint After a Court Sentence?

A criminal complaint does not always have to run its full course after a dispute between individuals. Under UAE law, victims in certain complaint-based offences have the right to waive their complaints, and the legal effect of such a waiver can extend even to cases where a criminal judgment has already become final.

 

This is particularly relevant in disputes involving insults and slander, as well as certain offences that may be resolved through reconciliation or waiver. However, the effect of a waiver depends on the nature of the offence and the stage reached by the proceedings.

 

Waiver Before a Final Judgment

 

Federal Decree-Law No. 38 of 2022, which promulgates the UAE Criminal Procedures Law, provides the main framework governing the withdrawal of complaints. Article 11 identifies offences for which criminal proceedings are initiated on the basis of a complaint by the victim, including insult and slander.

 

Article 17 allows a person who has filed a complaint relating to an offence covered by Article 11 to waive it at any time before a final judgment is rendered. Where the statutory conditions are satisfied, the criminal action is terminated as a result of the waiver.

 

Therefore, where parties involved in a personal dispute have filed complaints against each other for an offence falling within the relevant category, they may formally submit their waivers through the appropriate Public Prosecution or court procedure.

 

The law also deals with cases involving several parties. If there are several victims, the waiver becomes legally effective only when all the victims who filed the complaint waive it. Where there are several accused persons, a waiver concerning one accused has legal effect in relation to the other accused persons as well.

 

What Happens After a Final Judgment?

 

The law also provides an important remedy where the judgment has already become final. Article 17 expressly states that if the waiver is made after the judgment has become final, the Public Prosecution shall order a stay of execution of the penalty and release the convicted person.

 

This means that, in an eligible complaint-based case, a final judgment does not necessarily prevent a subsequent waiver from having an effect on the execution of the sentence.

 

However, this should not be understood as a blanket rule that every criminal conviction can be cancelled simply because the victim changes their mind. The statutory provisions apply to offences for which the law permits termination through complaint waiver. Other criminal cases may continue because the Public Prosecution has authority to pursue the public criminal action.

 

Reconciliation and Assault Cases

 

Assault-related disputes require particular attention because the legal consequences depend on the precise offence charged, the circumstances of the incident and the applicable provisions. Certain misdemeanour offences may be eligible for criminal reconciliation or waiver under the procedures provided by UAE law.

 

Consequently, where people involved in a mutual altercation have each been convicted, they should not assume that signing a private settlement document automatically stops the sentences. The waiver or reconciliation must be made in the legally recognised manner and submitted to the competent authority.

 

Where the case qualifies under the relevant provisions, a properly recorded waiver can bring the criminal proceedings to an end or, where the judgment has already become final, result in a stay of execution and the release of the convicted person.

 

The precise legal effect therefore depends on the offence, the parties involved and the procedural stage of the case.

 

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