UAE Criminal Procedure Law

Article 138 — Article (138) Decisions of Court of Appeal on The Dismissal with Prejudice Order

Book 2: Crime Detection, Evidence Gathering ad Verification · Part 3: Appealing the Orders and Decisions Issued During Investigation Stage

1. The Court of Appeal shall issue its decisions on the appeal against the dismissal with prejudice orders after perusing the papers and hearing the clarifications deemed necessary from the parties. It may also perform everything required for reaching a decision on the pending appeal, including complementary investigations or may, for this purpose, delegate one of its members or the Public Prosecution. 2. When deciding to overturn the dismissal with prejudice order, the Court of Appeal shall remand the case to the Public Prosecution under a reasoned decision indicating the offence and its elements and the provisions of the governing law, in order to transfer the same to the competent criminal court. 3. Under any circumstances, the decisions of the Court of Appeal shall be unchallengeable.

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