UAE Criminal Procedure Law

Article 261 — Article (261) Procedures for Adjudicating on Motion for Reconsideration

Book 3: COURTS · Part 6: Challenging Judgments · Chapter 4: Reconsideration: Article (257) Reconsideration of Final Judgments

1. The criminal cassation tribunal shall adjudicate on the motion after hearing the statements of the Public Prosecution and the litigants, and after conducting any necessary investigations by itself, according to the procedures prescribed for hearing the appeal in cassation. If the motion is granted, the tribunal shall overturn the judgment and decide acquittal of the Defendant if such acquittal is established; otherwise, the case shall be remanded to the court that rendered the judgment, unless the criminal cassation tribunal decides that the same be heard by a tribunal comprising different judges or be remanded to the trial court for adjudication ab initio. The court, to which the case is remanded, shall abide by the cassation court's ruling on the matters decided on. 2. If retrial is not possible, such as the instances of termination of the criminal action on grounds of death, insanity, or serious mental or psychological disorder of the convict, the criminal cassation tribunal shall hear the case. 3. The criminal cassation tribunal shall only overturn the erroneous aspects of the judgment.

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