Table of Contents
- How does a criminal case start in Dubai?
- What happens after registration?
- When is the Public Prosecution involved?
- Are there any fees to file a complaint?
- What are the main types of criminal offences in the UAE?
- What are the penalties that can be imposed?
- Are criminal fines paid to the victim?
- What are the levels of the criminal court system in Dubai?
- Do the parties need to be present at the court proceedings?
- What goes on in a criminal court hearing?
- Are expert witnesses allowed in criminal trials?
- How long do criminal cases take to go to court?
- Can I appeal a decision from criminal court?
- Can the victim appeal?
- What language is used in Dubai’s criminal proceedings?
- The need for legal advice in criminal cases
- Need Legal Assistance?
In Dubai, criminal cases are dealt with according to a legal process involving the police, public prosecution and courts. Although this process is well outlined in UAE law, there are important procedural and legal considerations to consider.
This article provides an overview of the practical aspects of dealing with criminal cases, from reporting an offence to the police, to decisions and appeals made in court.
How does a criminal case start in Dubai?
A criminal case is initiated with a complaint made to the police. The complainant must provide a detailed description of the incident, including details of how the offence occurred, who was involved and other relevant facts.
The complaint can be in writing or oral form. When it’s an oral complaint, the police write it down in Arabic, and the complainant must sign it.
The complaint should be submitted to the police station in charge of the location where the crime occurred.
Need Criminal Defence?
Dubai's Expert Advice at Your Fingertips.
What happens after registration?
Once the complaint is registered, the police begin an investigation by taking statements from the complainant, the accused and any witnesses.
The accused is notified and invited to respond to the allegations. Both the complainant and the accused may call witnesses, who may be subpoenaed by the police.
If the matter involves a technical aspect, such as cyber crime or a medical matter, it may be referred to a technical department for consideration.
When is the Public Prosecution involved?
When the investigation is finished, the police submit the case to the Public Prosecution.
The Public Prosecution examines the case and may call the complainant and the defendant for questioning. After reviewing the case, it may either submit it to the competent criminal court, or decide to terminate the case.
Are there any fees to file a complaint?
There are no government-related costs for filing a criminal complaint with the police.
But, if a lawyer is hired, legal fees will be applicable, depending on the case.
What are the main types of criminal offences in the UAE?
In the UAE, criminal offences are divided into:
- Contraventions (violations)
- Misdemeanours
- Felonies
It defines the gravity of the offence and the punishment.
What are the penalties that can be imposed?
The penalties depend on the classification of the offence:
- Contraventions may involve a short jail sentence or fine
- Misdemeanours may result in imprisonment or fines
- Felonies may involve long-term imprisonment, life imprisonment or death
Are criminal fines paid to the victim?
Criminal fines are payable to the UAE government and are not compensation to the victim.
Compensation can only be claimed in a separate civil case. For related legal support, you may consult our litigation lawyers in Dubai.
What are the levels of the criminal court system in Dubai?
There are three levels of criminal courts:
- Court of First Instance
- Court of Appeal
- Court of Cassation
The court is made up of different judges to suit the gravity of the crime.
Do the parties need to be present at the court proceedings?
In cases where the defendant could go to jail, they must attend court. If they don’t, they could be found guilty in absentia.
Victims are not usually required to attend all hearings and can engage lawyers.
What goes on in a criminal court hearing?
In hearings, the court will explain the charges to the accused. The prosecution puts forward its case, then the complainant or their lawyer, and then the accused.
If the accused deny the charges, the court may have further hearings for submissions and evidence.
Are expert witnesses allowed in criminal trials?
In criminal cases dealing with technical matters, the court may order an expert to examine the case and provide a report.
How long do criminal cases take to go to court?
The length of the proceedings will depend on the facts of the case, the evidence to be presented and the number of hearings needed.
Cases are usually heard every two or three weeks.
Can I appeal a decision from criminal court?
Decisions can be appealed within certain time-frames:
- 15 days to appeal a first instance judgment
- 30 days to file an appeal to the Court of Cassation
The appeal courts mainly focus on the law’s application, and not the facts.
Can the victim appeal?
Generally, the Public Prosecution represents the public interest. But victims can have other rights if a civil action is involved.
What language is used in Dubai’s criminal proceedings?
Court proceedings are in Arabic. Any documents submitted should be translated by a legal translator.
The need for legal advice in criminal cases
Legal stages are involved in criminal proceedings. Appropriate advice ensures procedural steps are followed and the case is managed appropriately. You can speak to our criminal lawyers in Dubai for guidance.
Need Criminal Defence?
Dubai's Expert Advice at Your Fingertips.
Need Legal Assistance?
For legal assistance in Dubai for a criminal case, HHS Lawyers offers representation and advice in all phases of criminal proceedings. Contact our team for professional support.
