An Overview of Criminal Law in the United Arab Emirates

Criminal Law in the UAE

The United Arab Emirates (UAE) has a distinct legal framework for criminal law, which is influenced by both Islamic law (Sharia) and civil law traditions. This dual approach reflects the country’s unique cultural and legal heritage, while aligning with modern principles of justice and fairness. Presented below is an in-depth overview of the UAE’s criminal justice system, outlining the initiation of criminal proceedings, the functions of key legal authorities, the classification of offenses, and the corresponding penalties.

1. Initiating a Criminal Case in the UAE

In the UAE, a victim of a crime can initiate a criminal case by filing a complaint with the local police. The complaint can be submitted in writing or verbally, but must include details about the crime and the sequence of events leading up to it. The complaint should be lodged at the police station that has jurisdiction over the area where the crime took place.

Upon receiving the complaint, the police investigate and ask the complainant to provide additional information. Witnesses may be called upon by the complainant to testify in their favor. The police will also contact the accused, gather their statement, and allow them to bring witnesses for their defense.

2. The Role of Police and Public Prosecution

Once the police complete their investigation and take statements from both the complainant and the accused, the case is referred to the Public Prosecution. The Public Prosecution is responsible for reviewing the evidence and deciding whether to bring the case to court.

The Public Prosecution can summon both the complainant and the accused for further questioning, and it may also allow both parties to present additional witnesses. If the Public Prosecution deems that a criminal offense has been committed, it will refer the case to the criminal court. If it finds no grounds for prosecution, the case will be archived.

3. The Court System in the UAE

The UAE criminal court system is structured into three stages:

1. Court of First Instance: This is the initial trial court where the charges are presented, and the accused has the opportunity to defend themselves.
2. Court of Appeal: Either party may challenge the decision of the Court of First Instance by filing an appeal with the Court of Appeal if they are not satisfied with the initial judgment.
3. Cassation Court: The Cassation Court is the final court of appeal, where legal errors in previous rulings can be contested.

In criminal cases, misdemeanors are typically tried by a single judge, while felonies are tried by a panel of three judges. All court proceedings are conducted in Arabic, and all documents must be translated into Arabic if they are submitted in another language.

4. Categories of Crimes Under UAE Law

The crimes are divided into three categories:

1. Contraventions (Violations): These are minor offenses that can lead to penalties such as fines or short-term imprisonment (usually less than ten days).
2. Misdemeanours: These are more serious offenses that may result in imprisonment, higher fines, or both. Examples include minor theft or assault.
3. Felonies: The most serious crimes, felonies include offenses such as murder, rape, and large-scale fraud. Felonies has severe punishments, including life imprisonment, the death penalty, or significant fines.

5.  Punishments for Crimes

The penalty for an offense is determined by how it is classified under the Penal Code. Here's a breakdown of the possible punishments:

1. Contraventions: Offenders may face short-term imprisonment (from 24 hours to ten days) or a fine of up to AED 1,000.
2. Misdemeanours: Offenders may face confinement, a fine greater than AED 1,000, or even “blood money” (Diyat) in some cases.
3. Felonies: Felonies are subject to harsh penalties, which includes substantial fines, life imprisonment, or even the death penalty.

6.  Role of the Victim in the Court Process

Victims of crimes in the UAE do not necessarily attend court hearings in person. They can be represented by legal counsel, who will present the case on their behalf. However, victims are entitled to file civil claims for damages as part of the criminal proceedings, although this must be done in conjunction with the criminal case.

In the event of a conviction, victims may also seek compensation for the harm they have suffered, especially in cases involving personal injury or defamation.

7. Criminal Procedure and Arrest

Under the Federal Decree-Law No. 38/2022, law enforcement officers can arrest individuals suspected of committing serious crimes, such as felonies, without needing judicial approval. However, for less serious offenses, the police may require an arrest warrant from the court.

If a person is arrested, they must be brought before the Public Prosecution within 48 hours for questioning. If not interrogated within this period, the individual must be released.

8.  Appeal Process

Both the accused and the victim have the right to appeal a court’s decision. The accused may challenge a conviction in the Court of Appeal, and further appeals can be made to the Cassation Court. However, victims cannot directly appeal the criminal court’s judgment unless they have filed a civil claim as part of the proceedings.

Case Example: Defamation

To illustrate the criminal process, consider a recent case involving defamation under UAE law. A company filed a criminal complaint against a former employee who allegedly sent defamatory emails about the company to its staff and clients. The Public Prosecution reviewed the case and determined that the defendant had violated the UAE Cyber Crimes Law, which prohibits the use of information technology tools to defame others.The defendant was fined AED 300,000, deported, and ordered to compensate the company for the damage caused. The case highlights the importance of electronic communications and online reputation in the UAE, where defamation laws are taken seriously.

Conclusion

The criminal law system in the UAE is robust and ensures that all parties—victims, witnesses, and the accused have a fair opportunity to present their case. While the process may seem complex, especially for expatriates unfamiliar with the legal system, understanding the key stages of the criminal process can help navigate the system. Whether you are a victim of a crime or facing charges, legal representation is crucial to ensure that your rights are upheld throughout the judicial process. Combining Sharia principles with contemporary legal systems, the UAE aims to uphold law and order while delivering justice in a fair and efficient way.