UAE Criminal Procedure Law

Article (1) Scope of Application

Preliminary Part: General Rules

1. The provisions of this Law shall apply to the procedures relating to the offenses punishable under the Law of Crimes and Penalties and other Penal Codes, as well as the procedures relating to the criminal offenses of Qisas [retaliation in kind] and Diyya [the financial compensation payable to the victim or heirs of a victim in the cases of murder, bodily harm or property damage], insofar as they do not conflict with the Rules of Islamic Sharia. 2. The provisions of this law shall apply to all proceedings that have yet to be adjudicated on, as well as all procedures that have yet to be implemented, prior to the date of entry into force of this Law, with the following exceptions: A. The jurisdiction-amending provisions where their date of entry into force falls beyond the close of pleadings into the pending proceedings; B. The time limit-amending provisions where the underlying time limit has already commenced prior to their entry into force; and C. The provisions regulating the methods of challenging the judgments with regard to the judgments rendered prior to their date of entry into force, where such laws are either repealed or creating any of such methods. 3. Every procedure validly conducted under an applicable law shall remain valid and effective unless otherwise stipulated. 4. The time limits regulating the termination of criminal actions on limitation grounds or other procedural time limits that are newly prescribed by any law shall only commence as of the date of entry into force of the law prescribing the same. 5. The provisions of the Civil Procedure Law shall apply to all matters not specifically stipulated in this law.

Article (2) Preservation of Personal Freedom

Preliminary Part: General Rules

1. Any criminal punishment shall only be imposed on any person after he / she is found guilty in accordance with the law. 2. Any person shall only be arrested, searched, remanded in custody, detained, prevented from travelling abroad or placed under electronic monitoring in the circumstances and based on the conditions set out in the law. Detention or imprisonment sentences shall only be enforced at their designated places and for the period specified in the order issued by the competent authority. 3. It shall be forbidden to inflict physical or moral harm upon the Accused and to make any person undergo torture or degrading treatment. Any evidence obtained by way of any of such methods shall be deemed null and void.

Article (3) Access to Homes

Preliminary Part: General Rules

Members of the public authority may only get access to any inhabited place in the circumstances specified in the law, where the persons living inside the inhabited place seek help or relief, or where a serious danger to life or property is expected to occur.

Article (4) Appointment of Defense Attorneys

Preliminary Part: General Rules

1. Each Accused charged with a felony punishable by the death penalty or life imprisonment sentence shall have an attorney to defend him / her during the trial stage. If the Accused fails to appoint an attorney to defend him / her, the court shall appoint an attorney to defend him / her, and the State shall bear the professional fees of the attorney so appointed, as described in the law. 2. The Accused charged with a felony punishable by a determinate prison sentence may request that the court appoint an attorney to defend him / her if the Court is convinced that the same is financially unable to appoint an attorney. 3. If the attorney appointed by the court has and asserts any excuses or impediments that would prevent him from defending the accused, the attorney shall forthwith furnish the same to the Chief Justice of the Criminal Court. If the court accepts the excuses, another attorney shall be appointed.

Article (5) Public Prosecution

Preliminary Part: General Rules

The Public Prosecution is part of the judicial authority, and shall conduct the investigation into, and prosecution of, criminal offenses in accordance with the provisions of this Law.

Article (6) Public Prosecution's Supervision of Penal Institutions

Preliminary Part: General Rules

The Public Prosecution shall supervise penal institutions and places designated for pretrial detention, imprisonment and confinement of debtors.

Article (7) Disclosure of Victim's Data

Preliminary Part: General Rules

1. Judicial Police Officers and investigation bodies may only disclose the victim's data to the parties concerned, with regard to the criminal offenses specified by a decision of the Attorney General. 2. Likewise, the data and information relating to criminal offenses may only be disclosed in accordance with the procedures and controls determined by the Attorney General.

Article (8) Engagement of Interpreters

Preliminary Part: General Rules

1. All fact-finding, investigation and trial procedures shall be conducted in Arabic. 2. If the Accused, the witness, or other parties whose statements or testimonies are required to be recorded in the evidence-gathering reports, the investigation reports of the Public Prosecution or the transcripts of trial hearings, do not speak Arabic, the Judicial Police Officer, the prosecutor or the competent court's judge, as the case may be, may either engage an interpreter from among the approved or licensed interpreters or use any technical means approved by the Ministry of Justice or the by Local Judicial Authority. 3. If the Accused, the witness or other parties involved in the criminal action are mute, deaf or unable to speak, the questions shall be recorded in writing, and their answer to them shall be recorded in a document to be attached with the case file. If the same cannot be recorded in writing, a sign language interpreter shall be engaged. 4. Under any circumstances, the Judicial Police Officers, the Public Prosecution and the court may engage an interpreter belonging to any other entity after taking an oath to perform his / her mission with honesty and sincerity.

Article (9) Institution of Criminal Actions

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

1. The Public Prosecution shall have the exclusive jurisdiction to institute and prosecute the criminal action, and the same may only be instituted by any other body in the instances described in the law. 2. The jurisdiction of Federal Public Prosecution shall include the territory of the State with regard to criminal offenses affecting the interests of the Federation. 3. The Attorney General shall – either by himself or through a Prosecutor - institute and prosecute the criminal action as described in the law.

Article (10) Discontinuance of Criminal Actions

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

The criminal action may only be discontinued or stayed in the circumstances described in the law.

Article (11) Cases of Instituting Complaint-Based Criminal Action

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

The criminal action may only be instituted in respect of the following criminal offenses based upon a complaint to be filed by the victim or his / her representative or attorney hired under a special power of attorney: 1. Theft, fraud, breach of trust and concealment of items obtained therefrom, in the event that the victim is the spouse, ascendant or descendant of the perpetrator, and where such items are not judicially or administratively attached or encumbered with a right of a third party; 2. Abstention from handing over the child to the person who has the right of custody over him / her, and taking the child away from the custodian or guardian; 3. Failure to pay the alimony, custodial or breastfeeding fees, or housing costs awarded by the Court; 4. Insult and slander of people; and 5. Other criminal offenses defined in the law. The complaint shall not be admitted after [3] three months following the date on which the victim becomes aware of the crime and its perpetrator, unless the law stipulates otherwise.

Article (12) The Filing of Complaints

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

The complaint shall be filed with the Public Prosecution or with a Judicial Police Officer. In the case of flagrante delicto, the complaint may be directly filed with the public authority's personnel who are present.

Article (13) Filing of Complaint by One of Several Victims

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

1. If there are several victims involved in the criminal offenses described in Article [11] of this Law, it shall be legally sufficient for the complaint to be filed by only one of them. 2. If there are several Accused Persons and the complaint is filed against one of them, the same shall be deemed to have been filed against all of them.

Article (14) Admission of Complaint Filed by Guardians or Trustees

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

1. If the victim of a crime described in Article [11] of this Law either has not completed [15] fifteen years of age or has a mental disability, the complaint shall be filed on his / her behalf by his / her legal guardian. 2. If the crime is committed in connection with property, the complaint may be filed by the trustee or curator. 3. In either of the aforementioned cases, all foregoing provisions relating to the complaint shall apply.

Article (15) Conflict of Interest between the Victim's and His Attorney

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

If the interest of the victim conflicts with the interest of his / her attorney, or if the victim has no attorney, the Public Prosecution shall represent the victim.

Article (16) Effect of Victim's Death on the Complaint

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

1. The right to file the complaint in the cases set forth in Article [11] of this Law shall lapse upon the death of the victim. 2. If the death occurs after the complaint has been filed, the same shall not affect the course of the legal proceeding.

Article (17) Waiver of Complaints

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

1. The person filing a complaint with regard to the criminal offenses described in Article [11] of this Law may waive the complaint at any time before a final judgment is rendered thereon, and the criminal action shall be terminated by way of waiver. 2. In the event of several victims, the waiver shall only become legally effective if made by all victims filing the complaint. 3. In the event of several accused persons, the waiver of the complaint vis-à-vis any of them shall have its legal effect vis-à-vis the rest. 4. If the victim passes away after the complaint is filed, the right to waive the same shall pass to all of his / her heirs. 5. If the waiver is made after the judgment on the legal proceeding becomes final, the Public Prosecution shall order a stay of execution of the penalty and shall release the convict.

Article (18) Criminal Court's Authority to Dispose of the Proceeding

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

If the criminal court is convinced that there are other perpetrators against whom the criminal action has not been instituted, that there are other charges not brought against the Accused Persons involved, or that a felony or misdemeanor has been committed in relation to the charge pending before the court, the latter may transfer the criminal action to the Public Prosecution for the latter to conduct an investigation and take the necessary course of action with regard thereto.

Article (19) Contempt of Criminal Court

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

If an offense of contempt is committed against the criminal court's bench or against any of its members or employees, or if such an offense involves a violation of the court's orders or the respect due for the Court, or affects any of its members or the witnesses involved in any pending legal proceeding, the criminal court shall record the same in the transcript of the hearing and shall order that the matter be transferred to the Public Prosecution for investigation.

Article (20) Occurrence of Crime During a Hearing

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

1. Subject to the provisions of the Legal Profession Act, if a crime is committed during a hearing, the court shall record the same in the transcript of the hearing and shall order that Accused be arrested, if necessary, and turned over to the Public Prosecution for investigation. 2. In such case, instituting the criminal action shall not depend on a complaint if the crime is among the criminal offenses for which the law requires a complaint to be filed.

Article (21) Cases of Termination of Criminal Action

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

1. The criminal action shall be terminated upon the death of the Accused, when a final judgment or conclusive criminal order is rendered thereon, due to conciliation or waiver of the same by the party legally entitled to makes such waiver, due to pardon, or as a result of repeal of the law under which the criminal act is punishable. 2. With the exception of criminal offenses of Qisas [retaliation in kind], Diyya [the financial compensation payable to the victim or heirs of a victim in the cases of murder, bodily harm or property damage], and felonies punishable by the death penalty or life imprisonment, the criminal action shall be time barred upon the lapse of [20] twenty years in respect of the cases of other felonies, and upon the lapse of [5] five years in the cases of misdemeanors and one year in the cases of infractions, from the occurrence day of the crime. 3. The running limitation period of criminal actions shall not be suspended for any reason whatsoever.

Article (22) Interruption of Criminal Action's Limitation Period

Book 1: Proceedings Before Criminal Courts · Part 1: Criminal Actions

1. The limitation period of the criminal action shall be interrupted by investigation, accusation or trial procedures, criminal conciliation and plea bargaining procedures, or fact-finding procedures if they are performed against the Accused, or if an official notice of the same is served upon the Accused. If there are several procedures that interrupt the limitation period, the validity of such period shall commence on the date of the last procedure made in respect thereof. 2. If there are several Accused Persons, the interruption of the limitation period for any of them shall result in the interruption for the rest.

Article (23) Filing A Civil Action

Book 1: Proceedings Before Criminal Courts · Part 2: The Civil Action Related to the Criminal Action

1. A person, who sustains direct personal harm from a crime, may file a civil action against the Accused during the evidence gathering process or during the investigation or before the court that hears the criminal action, regardless of the status of the criminal actionup until the closing of the pleadings phase. However, he is not permitted to file his action before the Court of Appeal. 2. If the damage is inflicted upon a legal person, the court shall, sua sponte, award damages if the same is specified in a law or any regulations issued on the basis of a law. 3. Filing civil actions may only be admitted after the judicial fees are paid.

Article (24) Appointment of An Attorney for The Civil Action

Book 1: Proceedings Before Criminal Courts · Part 2: The Civil Action Related to the Criminal Action

1. If the person who sustains harm from a crime is legally ineligible to institute legal proceedings and has no attorney to represent him / her, the court hearing the criminal action may, at the request of the Public Prosecution, appoint an attorney to represent him / her in the civil action. In which case, such a person shall not be ordered to pay the legal costs. 2. If the Accused against whom the civil action is instituted is legally ineligible for litigation and has no attorney to represent him / her, the court may appoint an attorney for him / her the request of the Public Prosecution.