Sharia Law, the Muslim religious law and moral code governs Dubai’s criminal law. The Sharia law will still apply, regardless of whether it is a non-native or a resident who breaches the law. If you are charged with a crime or if you have filed a petition against an individual, based on a crime accomplished, you should be familiar with the nitty-gritty of criminal law.
It is also important to note that the criminal law is quite stringent and the procedure is time-consuming to end so you should hire Criminal Law Solicitors if you like to win your case quickly.
In this blog, we intend to guide you with the factors affecting Dubai’s Criminal Law and how to handle a criminal case in Dubai with the assistance of British Lawyers in Dubai.
Upon becoming a victim of a criminal offense, the first thing he/she should do is contact one of the British Lawyers in Dubai. As per the lawyer’s advice, he/she should complain about the offender at the police station that’s near the crime scene. All details regarding the criminal activity should be included as a sequence of events in the complaint. A complaint can be presented either in writing or orally. A policeman will document the complaint in Arabic. The victim will eventually sign the complaint. Do, however, make sure you file the complaint at the closest police station. Unless the case falls outside of the scope of jurisdiction of the particular police station, perhaps they won’t accept your application. It is free of charge for a victim to file a complaint at the police station. But, an attorney fee must be paid to the Criminal Law Solicitors or law firm in Dubai if you are hiring them.
Once the complaint is filed, the police will review it and validate it with the provided proof and documents gathered. The investigation will not begin until then. A report will be drafted by the police, who will also forward it to the public prosecutor. The public prosecutor next performs an investigation into the case, assessing its credibility, and then prepares a report in the light of his work.
Following the inquiry made by the public prosecutor, if the accused is guilty of a crime, then the file will be forwarded to the criminal court. The complaint, however, will be dismissed if it is proven to be false. According to the UAE Penal Code, all of these proceedings are by Federal Law No (3) of 1987.
After the reception of the petition, the court may provide a chance for the offender for self-defense or pass the judgment straightaway. However, the accused can seek assistance from the Best Criminal Law Solicitors.
Should Court Proceedings be attended by the Offender or the Victim?
The victim doesn’t need to attend the court proceedings in Dubai once the registration is finished and approved by the public prosecutor. A plaintiff can be defended in court by his/her lawyer, but an accused cannot. It is important for him/her to attend the hearing, specifically if incarceration is part of the punishment.
Is it Possible to File an Appeal For Criminal Case?
an appeal can be filed by the accused in the Court of Appeal if the judgment of the Court of First Instance does not gratify the accused. But if the court of appeal judgment is unsatisfactory to the accused, he/she can approach the Court of Cassation in opposition to the judgment.
Furthermore, any lower court judgment cannot be appealed to by the victim. Once the public prosecutor accepts the appeal, the prosecutor will handle the case in the interests of the complainant. If the prosecutor is unhappy with the decision, they can file an appeal.
It has been mentioned already that the process of a criminal case can be lengthy and tiresome. You certainly should have an in-depth clear picture of Dubai’s criminal law procedures. Be sure to avail of Legal Help in Dubai from Criminal Law Solicitors as well. By doing so, you will be able to steer clear of all the potential pitfalls on your site and to identify the flaws on the opposition’s part to win the case.
What is the Process For Clearing Criminal Record in the UAE?
Obtain the PCC- Police Clearance Certificate. This document shows if an individual has a criminal record in the state where they live or not. Police departments across the United Arab Emirates hand out the document, and it shows that the person is not charged nor does he or she have any previous criminal record.
PCC Application Process
The Police Clearance Certificate is available for residents of the UAE and non-residents of the UAE. After you complete the application form and make the payment with an electronic payment card, you can also apply for the PCC at one of the service centers of the Ministry of Interiors.
The documents you need are listed below:
- Emirates ID
The beneficiary should submit a letter confirming that there are no active criminal charges against him/her.
- Latest passport size photo
- Passport copies
If you’re no more a UAE resident, then you should secure your fingerprint card (A fingerprint card is an official report that authenticates the legitimacy of an individual using his fingerprints and biometrics.)
from the nation, you live in and obtain the UAE Embassy’s attestation.
If a Crime is Committed, What is the Maximum Punishment?
Depending on the type and gravity of the offense, each crime has a different penalty as per the Penal Code. Following are the most prevalent crimes and their penalties in the nation are described below:
Misdemeanor: An act of misdemeanor is penalized by incarceration, a fine of more than 1,000 dirhams, or payment of blood money as per article 29 of the Penal Code.
Cheque Bounce: Anyone who issues a cheque in bad faith will be subject to incarceration and a financial penalty.
Robbery: The Penal Code stipulates punishment for robbery in Chapter Eight, where a life sentence is a maximum penalty;
Felony: A felony crime will be penalized by temporary/life imprisonment or the death penalty.
Does the police question the accused and be offered a chance to present witnesses?
In response to the victim’s statement, the police will call the accused and speak with the accused. Throughout the process
The offender may notify the police of possible witnesses who can provide evidence in favor of the offender and the police may consequently call defense witnesses and note their comments.
About GH International
GH International is a preferred law firm serving individuals and corporates across major sectors in the UAE. We offer specialized services and expertise across a broad spectrum of industries.
Our Criminal Law Solicitors are experienced and knowledgeable enough to meet any client’s needs. With proven competence and appreciated excellence in key business industries, we deliver solutions-oriented Legal Help in Dubai. Our defining values- respect, Collaboration, Dedication, and Expertise in the field is at the core of GHI’s obligation to offer service to clients.