UAE Criminal Procedure Law — articles 1–100

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 …

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 trav…

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 …

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…

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.

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

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 da…

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…

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 jurisdic…

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

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…

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.

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 P…

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 guardia…

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.

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 cou…

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 b…

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 felo…

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 …

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,…

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…

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 performe…

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 actio…

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 Pro…

1. Civil actions may be instituted before the criminal courts against the insurer for compensating the damage resulting from the crime. 2. The party liable for the civil damages and the insurer may intervene on their own…

The Accused may file with the court a claim for compensation on the ground of the damage incurred by him / her as a result of a false accusation brought against him / her by the reporting person or the victim. In additio…

If the criminal court is convinced that determination of the compensation claimed by the Plaintiff or the Accused entails a special investigation that would postpone the adjudication on the criminal action, it shall tran…

The Plaintiff may discontinue his proceeding at any stage of litigation. If the Plaintiff discontinues his / her proceeding instituted before the criminal court, he / she may institute the same before the civil court.

1. If the civil action is initiated before the civil court, the decision thereon shall be postponed until a final judgment is rendered on the criminal action that is instituted before the initiation, or during the progre…

If, for any reason whatsoever, the criminal action is terminated after it has been instituted, the court shall transfer the civil action brought before it to the civil court, unless the civil action is set for adjudicati…

Judicial Police Officers shall detect the criminal offenses and search for their perpetrators, and shall gather information and evidence necessary for investigation and indictment.

Judicial Police Officers shall be subordinated to and supervised by the Attorney General with regard to their job duties.

The Attorney General may request that the competent authority supervising the Judicial Police Officer consider any violation of duties or defective performance of duties committed by the latter. The Attorney General may …

The Judicial Police Officers shall include the following persons within the areas of their competences: 1. Members of the Public Prosecution; 2. Officers, non-commissioned officers and personnel of the police force; 3. O…

Based on a resolution of the Minister of Justice or the chairman of the competent local judicial body in coordination with the competent minister or the competent authority, any employee[s] may be vested with the capacit…

Judicial Police Officers shall admit the reports and complaints submitted to them on the criminal offenses. They, as well as their subordinates, shall seek clarifications and conduct the necessary inspection to facilitat…

1. All actions carried out by the Judicial Police Officers shall be recorded in reports to be signed by them, indicating the time and place of taking the underlying actions. Such reports shall also contain the signatures…

Any person, who becomes aware of the occurrence of a crime in respect of which the Public Prosecution may institute a legal proceeding without a complaint or a request, shall report the same to the Public Prosecution or …

When a public employee or a person entrusted with a public service becomes aware, during or on account of performing his / her job duties, of the occurrence of a crime in respect of which the Public Prosecution may insti…

The Complainant shall only be deemed claiming civil damages if he expresses the same in his / her complaint or in any paper submitted by him / her thereafter, or if he / she claims compensation in either of them.

Judicial Police Officers may, during the gathering of evidence, hear the statements of all persons who have information about the criminal offenses and their perpetrators, and may question the Accused about the same. The…

Judicial Police Officers may, in the course of carrying out their duties, seek the direct assistance of the public authority.

1. The crime shall be considered to have been caught in Flagrante Delicto upon perpetration or a short while thereafter. 2. The crime shall also be considered to have been caught in Flagrante Delicto if the victim chases…

1. In case of a crime caught in Flagrante Delicto, the Judicial Police Officer shall forthwith move to the crime scene, examine and retain the physical evidence of the crime, document the existing state of places and per…

1. For any crime caught in Flagrante Delicto, the Judicial Police Officer may, as soon he reaches the crime scene, prevent the persons present from leaving or moving away from the crime scene until a report is drawn up. …

The Judicial Police Officer may order that the Accused who is present at the crime scene be arrested, where there is cogent evidence that he / she has committed the crime in any of the following instances: 1. Felonies; 2…

1. Where the Accused is not present at the crime scene, the Judicial Police Officer may issue an Arrest Warrant against him, and the same shall be recorded in the report. 2. The Arrest Warrant shall be enforced by a publ…

1. Once the Accused is arrested or brought and before his / her statements are heard, the Judicial Police Officer shall inform the Accused of the criminal charge brought against him / her and of his / her right to remain…

Whoever watches the Perpetrator in Flagrante Delicto while perpetrating a felony or a misdemeanor he shall turn him / her over to the nearest public authority officer with no need for an Arrest Warrant.

In respect of felonies or misdemeanors caught in Flagrante Delicto and for which the penalty prescribed by law is not a fine, the public authority officers shall arrest and surrender the Accused to the nearest Judicial P…

If the crime caught in Flagrante Delicto is among the criminal offenses in respect of which the criminal action must only be instituted based on a complaint, the Accused may only be arrested if the complaint is authorize…

The Judicial Police Officer may search the Accused in the instances where the law allows his arrest. The Accused shall be searched through looking for any items or chattels relating to the crime and which are necessary f…

In case the Accused is a female person, she shall be searched by a female Judicial Police Officer or a woman to be delegated for that purpose by the Judicial Police Officer after she takes the oath that she shall perform…

1. The Judicial Police Officer may only conduct a search on the home of the Accused based on a written search warrant issued by the Public Prosecution unless the crime is caught in Flagrante Delicto and where there is co…

The home of the Accused may only be searched for finding the chattels relating to the crime for which evidence is being collected and investigation is being conducted. Nevertheless, if during the search, any chattels - w…

If any women are present at the house and the purpose of searching the same is not their arrest or search, the Judicial Police Officer shall deal with them in compliance with the applicable professional rules, shall allo…

If, during the conduct of search of the home of the Accused, there are strong presumptions against him or against any person present therein suggesting that they are concealing something which may help reveal the truth, …

When there are sealed papers or any documents closed by any other means at the home of the Accused, the Judicial Police Officer may not unseal or open them; however, he shall record the same in the search report and then…

The home of the Accused shall be searched, whenever possible, in the presence of the Accused or his / her attorney, or, otherwise, in the presence of two witnesses who, if possible, shall be adult relatives, cohabitants …

1. The Judicial Police Officers may affix the available precautionary means on, and appoint guards at, the places and chattels in which there are traces that would contribute to revealing the truth, and shall forthwith r…

1. The Judicial Police Officers may seize the chattels which may have been involved in, or resulted from, the perpetration of the crime, or on which the crime may have been committed, in addition to anything whatsoever t…

The break of seals affixed on the places and chattels shall be conducted in accordance with Articles [60] and [61] hereof in the presence of the Accused or his attorney and the person with whom these chattels are seized,…

Whoever becomes aware of information in relation to the chattels searched as a result of the search process, and discloses such information to any third party lacking the capacity or uses such information for his persona…

In case the person, with whom the papers are seized, has an urgent interest in relation thereto, he shall be given a certified copy thereof countersigned by the Public Prosecution, unless the same would be detrimental to…

The Public Prosecution shall, by itself, conduct the investigation into felonies and misdemeanors, where deemed necessary.

1. The Prosecutor shall conduct the investigation procedures with the assistance of one of a Public Prosecution's clerk, or may assign this duty to any other person after the latter takes the oath. 2. The Prosecutor and …

1. The investigation procedures per se and the ensuing results shall be deemed of a confidential nature. Consequently, members of the Public Prosecution and their assistants, clerks, experts and others who are involved i…

1. The Prosecutor may assign a Judicial Police Officers to conduct any investigation procedure[s], except for questioning the Accused. He may also, if there is a necessity to take any action at any entity that falls beyo…

In all instances where the Prosecutor delegates another person to perform any investigations, the former shall specify the matters required to be investigated and the action required to be taken. In addition, the person …

1. The Prosecutor shall move towards any place in order to identify the status of persons, places and chattels relating to criminal offenses and all matters required to be inspected. 2. In the instances where it is neces…

1. The Prosecutor may search the Accused, and may only search any other person where there are strong indications that such a person is possessing crime-related items. 2. When searching a female person, the provisions of…

1. The Prosecutor shall search the home of the Accused on the ground of a charge imputed to him of having perpetrated, or involved in the perpetration of, a crime. He may, in this respect, search any place and seize any …

1. The Prosecutor may seize, at the post offices, all correspondence, letters, papers, printed materials and parcels, and, at the telegram offices, all cables. Furthermore, he may search the devices, networks, equipment,…

Only the Prosecutor may review the correspondence, letters and other papers seized, and may, in light of such review, order that such papers be either kept in the case file or delivered back to the person possessing them…

The Prosecutor may neither seize the papers and documents that are delivered to an attorney by the Accused for the sake of performing the task assigned to him, nor review the correspondence exchanged between them in resp…

The Prosecutor may order that any person having possession of any item required to be seized or reviewed submit the same, and whoever violates such an order shall be punished by the penalties prescribed for the crime of …

1. Correspondence, letters, telegrams or similar papers seized or addressed to the Accused shall be communicated to him or he shall be given, as soon as practically possible, a copy thereof, unless the same is prejudicia…

Chattels seized in the course of the investigation may be returned to their rightful owners, even before the judgment is rendered, unless they are necessary for proceeding with the case or are subject to confiscation.

The chattels seized shall be returned to the person in whose possession they exist at the time of their seizure. However, if the chattels seized are those on which the crime is perpetrated or those resulting therefrom, t…

The writ of replevin may be issued by the Public Prosecution, and the court may order Replevin in the course of hearing the criminal action.

The writ of replevin shall not prevent the parties concerned from claiming their rights before the civil court. However, the Accused or the Plaintiff in the criminal action may not claim such rights if the writ is issued…

1. The writ of Replevin may be issued even without a motion. 2. The Public Prosecution shall not issue a writ of Replevin on a disputed chattel or on any other chattel where there is any doubt about the person having the…

1. Where an order is issued to terminate the proceeding or that a case cannot proceed to criminal trial, the Prosecutor shall decide on the chattels seized. 2. Upon adjudicating on the criminal action, the criminal court…

The chattels seized and not reclaimed by their rightful owners within [5] five years following the date of determination of the criminal action by virtue of a final judgment, or by the issue of an order that a case canno…

If the chattel seized is exposed to damage or reduction in value with the passage of time, or where preserving such a chattel would entail costs that exceed its value, an order may be issued that the same be sold through…

The Prosecutor shall interview the witnesses whose statements are requested to be taken by the parties, unless he decides that their statement is of no significance. He may also interview those witnesses whose statement …

The Prosecutor shall order the witnesses whom he decided to interview to appear, through the public authority personnel. He may also take the statement of any witness who attends on his own accord, and the same shall be …

The Prosecutor shall hear each witness in private, and may make the witnesses confront each other.

1. The Prosecutor shall instruct each witness to mention his name, surname, age, profession, nationality, place of residence and his relation to the Accused, the victim and the Plaintiff, and shall verify his identity. 2…

The Prosecutor and the clerk shall each sign each page of the witness statement, as case may be. The witness shall also sign each page of such a statement after the same is read out in his presence. If the witness abstai…

Whomever is ordered to appear before the Public Prosecution to give his statement shall appear based on the order served upon him. If he fails to appear without a lawful excuse, the Prosecutor may issue an arrest warrant…

In case the witness is sick or has a lawful excuse for not appearing, his testimony shall be heard at the place of his whereabouts.

Subject to the Law of protecting the witnesses and the like, the Minister of Justice or the head of the local judicial body may lay down the rules governing the assessment of the amount of expenses and compensation claim…

1. In the event that the investigation requires the assistance of a physician or any other expert witness to establish a particular fact, the Prosecutor shall issue an order for engaging them in order to submit a report …

If the expert witness's name is not recorded in the Roll, he shall take the oath before the Prosecutor to perform the duties of his mission with trust and honesty.

The expert witness shall submit his report in writing at the time scheduled by the Prosecutor. In case he fails to submit his report on time or if the investigation so requires, the Prosecutor may replace the expert witn…

The Prosecutor shall, when the Accused is present for investigation for the first time, write down all the information relating to his personal identity, shall inform the Accused of the charge imputed to him and shall re…

The attorney of the Accused shall be permitted to both attend the investigation with the Accused and review the investigation papers, unless otherwise decided by the Prosecutor for the interest of the investigation.

1. The Prosecutor may, according to the circumstances, issue a notice to appear or an Arrest Warrant in respect of the Accused, or may order that the latter be banned from travel. 2. Each of these warrants shall contain …

If the Accused fails to appear after being served a notice to appear without an acceptable excuse, is likely to escape, or has no known place of residence, or if he was caught in flagrante delicto, the Prosecutor may iss…