UAE Criminal Procedure Law — articles 101–200

Warrants issued by the Prosecutor shall be enforceable across all parts of the State, and the Arrest Warrants shall not be enforced after the lapse of six months following the date of their issue unless extended by the P…

The Prosecutor shall immediately question the arrested person; failing which, the arrested person shall be detained in one of the places designated for detention until he is questioned. The period of such custody shall n…

Subject to the provisions of the Law concerning Juvenile Delinquents and Vagrants, the Prosecutor may, after questioning the Accused, order that the Accused be held in custody if there is sufficient evidence in respect o…

In addition to the information stated in Article [99.2] of this law, the order to hold in custody shall contain instructions to the person in charge of the Detention Center to admit the accused and keep him in custody. T…

1. When the Accused is kept at the Detention Center, a copy of the detention order shall be handed over to the person in charge of such a place, and the latter shall send a notice of acknowledgement receipt of the accuse…

When the investigation procedures so require, the Prosecutor shall issue an Order Re No Communication, without prejudice to the right of the Accused to have contact with his attorney in private at all times.

1. The detention order issued by the Public Prosecution shall be made after the Accused is questioned and shall remain valid for a period of (7) seven days renewable for another period not exceeding (14) fourteen days. 2…

1. The person held in custody for a crime punishable by the death penalty or a life sentence may only be released based on the approval of the Attorney General or his deputy. 2. The Public Prosecution may order the provi…

1. In the instances other than those where the provisional release is mandatory, the Accused may be released on a personal guarantee or on a bail bond or with a travel ban, and the Public Prosecution or the judge, as the…

The amount of bail shall be paid by the Accused or any third party, through depositing the specified amount with the court treasury. The bail may also take the form of an undertaking made by a solvent person to pay the a…

1. If the Accused fails, without an acceptable excuse, to fulfill any of the obligations imposed on him under Article [109] hereof, the bail bond shall become the property of the government with no need for a court judgm…

1. The order of releasing the Accused shall not prevent the Prosecutor from issuing a new Arrest Warrant against the same Accused whenever the evidence against him become stronger, if the Accused fails to fulfill the dut…

1. If the Accused is taken to court, the decision to release him, if he is detained, to detain him, if he is released, or placing him temporarily under electronic monitoring if he is detained or released, or overturning …

The motion for detention of the Accused submitted by the victim or the Plaintiff shall not be admitted, and the statements of the same shall not be heard in respect of the discussions relating to the release of the Accus…

1. The Public Prosecution and the competent court, as the case may be and whenever necessary, may order the assessment, tracking or valuation of suspicious property or the equivalent value thereof, and that any precautio…

1. Any interested party may file a grievance against the Public Prosecution's order referred to in Article [115.1] hereof with the competent court within the territorial jurisdiction of which the Public Prosecution issui…

In all instances, the precautionary measures referred to in Article [115.1] hereof shall be terminated where a non-suit judgment is rendered, if a final judgment of acquittal is rendered thereon, or when the amounts awar…

1. Following the investigation conducted by the Public Prosecution, the latter may dismiss the case with prejudice and order that the Accused be released, unless he is detained for any other reason. 2. The decision to di…

Where the Public Prosecution is convinced, in respect of the misdemeanors and petty offences, in light of the evidence collected that the case is all set to be instituted, it shall summon the Accused to appear immediatel…

For misdemeanor cases, the Attorney General may revoke the decision referred to in Article [118] hereof within [3] three months following its issuance date, unless the same had been appealed and the appeal was dismissed.

Where the Public Prosecution is convinced that the wrongful act constitutes a misdemeanor or a petty offence and there is sufficient evidence against the Accused, it shall transfer the case to the competent misdemeanor c…

Where the Chief Prosecutor or his deputy is convinced that the wrongful act constitutes a felony and that the evidence against the Accused is sufficient, he shall take the case to the criminal court. If there is any doub…

If a final judgment of no jurisdiction has already been rendered by the misdemeanor court on the grounds that the underlying act constitutes a felony, the Public Prosecution shall transfer the case to the criminal court.

1. The decision of taking the case to the court shall include the name, surname, age, place of birth, place of residence and nationality of the Accused, in addition to details of the crime he is charged with along with a…

1. Where the investigation covers several interrelated crimes falling within the jurisdiction of courts of the same instance, all of which shall be transferred by a single order to the court having the territorial jurisd…

The Accused held in custody shall be released if the order transferring him to the competent court does not include that he remains in custody.

1. When the Public Prosecution transfers the case to the criminal court, it shall instruct the Accused, the Plaintiff and the party liable for the same to immediately submit a list of the witnesses required to give testi…

Each litigant shall, through a process server at its own expense, summon his witnesses whose names are not included in the list prepared by the Public Prosecution.

As soon as the investigation is completed, the Public Prosecution shall take the case to the competent court.

If an order is issued to transfer an absent person accused of a felony to the criminal court then he shows up or is arrested, the case shall be heard ab initio before the court, in his presence.

If, after an order of transfer is issued, an incident occurs and necessitates a supplemental investigation, the Public Prosecution shall conduct the same and then submit the report to the court.

1. The non-suit order issued by the Public Prosecution shall prevent the re-initiation of investigation unless new evidence comes to light. 2. Witness statements, reports and other papers or electronic evidence that were…

1. The Public Prosecution may appeal the decision rendered by the judge on the provisional release of the Accused held in custody, and the release decision may only be executed after the expiration of the timeline of app…

The victim and the Plaintiff may each appeal the dismissal with prejudice decision issued by the Public Prosecution on the grounds that the charge is not proven, that the act is not punishable by law or that the evidence…

1. The appeal mentioned in Articles [133] and [134] hereof shall be filed under a statement to be deposited with the criminal court's clerk office, and the timeline of appeal shall be [24] twenty-four hours in the cases …

The date of the hearings shall be fixed for the appellant in the statement of appeal, and such a date shall fall within [3] three days. The Public Prosecution shall summon the rest of the litigants to be present at the s…

The Court of Appeal shall examine the appeals against the orders and decisions referred to in this Part in chambers, and may also, whenever necessary, examine the same beyond the days scheduled for holding these hearings…

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 e…

1. The Court of Appeal may, upon hearing the appeal filed against the order issued for the release of the Accused held in custody, order an extension of his custody. If the appeal is not decided on within [3] three days …

1. With the exception of offences falling within the jurisdiction of the Federal Supreme Court, the Court of First Instance composed of three judges shall have jurisdiction to hear and adjudicate on the felonies punishab…

Where the Misdemeanor Court is convinced that the underlying act constitutes a felony, it shall decide that it lacks the jurisdiction and shall send the papers back to the Public Prosecution to take the appropriate legal…

1. Where the Major Criminal Court is convinced that the underlying act, as described in the transfer decision and before being examined at a hearing, constitutes a misdemeanor or a felony punishable by a determinate pris…

Jurisdiction shall be determined based on the place wherein the crime is committed, unless otherwise provided for in the law.

In case of an attempted crime, the crime shall be deemed to have been perpetrated at each place wherein any of the acts of commencement of perpetration has occurred. For continuous criminal offenses, the place of the cri…

Where any crime is perpetrated abroad and is governed by the provisions of the national law, the perpetrator shall be prosecuted before the federal criminal courts in the capital city of the Federation.

If one or more accused persons are brought before two courts in respect of a single crime or interrelated criminal offenses covered by a single investigation, where both courts have the jurisdiction, the case shall be tr…

Where, at any stage of litigation, the court is convinced that it lacks jurisdiction to hear the case, it shall decide lack of jurisdiction, even without any motion by the parties involved.

The civil action, regardless of the value thereof, may be instituted for claiming compensation against damage resulting from the crime, before the criminal court in order to be heard in conjunction with the criminal acti…

Unless otherwise provided for in law, the criminal court shall have the jurisdiction to adjudicate on all matter upon which the decision on the legal proceeding pending before it relies.

In the event that adjudication on a criminal action depends on the result of another criminal action, the former shall be stayed until the latter is adjudicated on.

In the event that the adjudication of a criminal action depends on the decision on a personal status matter, the criminal court may order a stay of the criminal action and set a time limit for the Defendant, the Plaintif…

If the time limit prescribed under Article [151] of this Law expires and the legal proceeding has not been filed with the competent authority, the court may disregard the stay of the criminal action and adjudicate on the…

The criminal courts shall, in respect of the non-criminal matters to be decided thereon in conjunction with the criminal action, apply the means of evidence prescribed by the law governing such matters.

Where two final judgments establishing or denying jurisdiction are rendered on the same matter, the application to designate the competent court shall be submitted to the Federal Supreme Court according to the following …

1. The Public Prosecution and the parties to the case may each request that the competent court be designated, based on a motion accompanied by the supporting documents. 2. The court to which the motion is submitted shal…

After review of the papers, the court, to which the motion is submitted, shall designate the competent court, and shall decide on the measures and judgments that may have been rendered by the other court whose jurisdicti…

When the case is transferred to a criminal court, the Public Prosecution shall order the Accused to appear before the competent court named in the transfer decision.

There shall be no need to serve upon the Accused a notice to appear before the court, if the latter has already attended the hearing and the charge has been brought against him by the Public Prosecution, and he accepted …

1. The notice to appear before the court shall be served upon litigants at least one full day prior to the scheduled hearing date in respect of petty offences, [3] three days in respect of misdemeanors, and [10] ten days…

1. The notice to appear before the court shall be served by any of the following methods: a. Recorded audio or video calls, messages on the mobile phone, smart applications, e-mail or via any other means of communication…

The Defendant charged with a felony or a misdemeanor, punishable by a penalty other than the fine, shall appear in person. For other misdemeanors and petty offences, the Defendant may appoint an attorney to defend him, w…

1. The court hearing shall be open; however, the court may, for reasons relating to the public order or preservation of public morals, order that the case, in whole or in part, be heard in cameras, or that particular per…

A member of the Public Prosecution shall attend the hearings of the criminal court, and the latter shall hear him and decide on his claims.

1. The order and administration of the court hearing shall be vested in the presiding judge, who may, to that end, dismiss from the hearing any person jeopardizing the order of the court, but if such a person does not co…

1. The Defendant shall appear before the court without handcuffs or restraints, but shall be duly monitored. 2. The Defendant may only be removed from the hearing when the case is being heard if he commits any act of dis…

1. The investigation shall be commenced during the hearing by calling the litigants and the witnesses. The Defendant shall be questioned about his name, surname, profession, nationality, place of residence and place of b…

1. After hearing the testimony of the prosecution witnesses, the court shall hear the testimony of defense witnesses who shall first be examined by the Defendant, and then by the Defendant liable for civil damages, then …

The witnesses shall be called by name, one by one, to give testimony before the court. The witnesses whose testimony is heard shall remain inside the courtroom until the pleadings are closed, unless the court permits the…

1. The court may, at any stage of the proceeding, pose to the witnesses any question it deems necessary to reveal the truth and may permit the litigants to do the same. 2. The court shall prevent any questions posed to t…

1. After hearing the testimonies of both the prosecution witnesses and the defense witnesses, the Public Prosecution, the Defendant and all other litigants involved in the case may give their statements. In all instances…

In the event that the absent Defendant appears before the conclusion of the hearing in which the judgment is rendered, the case shall be re-heard in his presence.

1. A transcript shall be drawn up and all events taking place during the trial hearing shall be recorded, and each page thereof shall be signed by both the presiding judge and the clerk of the court. 2. This transcript s…

1. The witnesses shall be subpoenaed upon the request of the litigants in accordance with this Law, at least twenty-four hours prior to the hearing date. The witness may attend the hearing without notice upon motion of t…

1. If the witness fails to appear before the court after being subpoenaed, he may, after hearing the Public Prosecution's statement, be condemned to a fine of not less than [AED 1,000] one thousand dirhams and not exceed…

In the event that the witness fails to appear before the court until a judgment is rendered on the case, he may file a grievance against the judgment condemning him to a fine with the court that rendered the judgment.

1. If the witness informs the court that he is unable to appear before the court for a valid excuse such as his illness or any other excuse preventing him from appearing to give testimony, the court may move to his place…

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

Where it is not possible to hear the testimony of a witness for whatever reason, the court may decide that the testimony given by him during the preliminary investigation or in the evidence-gathering report or after taki…

Where the witness states that he no longer remembers any of the facts, or if the testimony of the witness given during the hearing conflicts with his former testimony or statements, the part relating to this fact may be …

The court may, even if sua sponte, during the hearing of the case, order that any evidence deemed necessary to reveal the truth be furnished.

1. The court may, either sua sponte or upon motion of the litigants, engage one or more expert witnesses in the case, and, if necessary, a committee of experts whose number shall be odd. 2. The court may, sua sponte, ord…

1. The Public Prosecution and all litigants may, at any stage of the case, challenge on forgery grounds any paper submitted in the case. 2. The forgery allegation shall be made under a statement to be kept in the transcr…

1. Where the court that hears the case is convinced that the decision to be made thereon is dependent on the paper alleged to be forged, and there is a good reason to proceed with the verification of the forgery evidence…

If an official paper is decided to be forged, in whole or in part, the court that decides such forgery shall order that such a paper be either cancelled or corrected, as the case may be, and a report shall be drawn up to…

1. Where there is a necessity that the Defendant's mental or psychological state be examined, the Chief Prosecutor - during the investigation - or the court hearing the case may order that the Defendant, if remanded in c…

1. If it is established that the Defendant is unable to defend himself due to insanity, mental disorder or weakness or a serious psychological disease occurring after the perpetration of the crime, the proceeding or the …

The period spent by the Defendant in the medical treatment facility, under the preceding two Articles, shall be subtracted from the period of the sentence or of the measures imposed on him.

If a dismissal with prejudice order is issued or a judgment of acquittal is rendered in favor of the Defendant on grounds of insanity, mental disorder or weakness or serious psychological disease, the Public Prosecution …

If a crime is committed against a person with a psychological or mental disorder, the competent court may, either sua sponte or upon motion of the Public Prosecution, issue an order to place him temporarily at a hospital…

1. In case the party duly summoned neither appears on the day specified in the notice to appear, nor is represented by an attorney in the cases permitted by law, the court shall adjudicate on the case in absentia. 2. In …

The judgment shall be deemed in the presence of all litigants who attended the hearing upon calling the case, even if they leave the courtroom afterwards or fail to appear at the hearings to which the case is adjourned.

In the above-mentioned instances where the judgment is considered to be rendered in the presence of the litigants, the court shall investigate the case brought before it as if the litigant is physically present.

Each court of first instance shall have one or more tribunals for major criminal offenses consisting of three judges, and one or more tribunals for minor criminal offenses consisting of a single judge.

The jurisdiction of the Criminal Court shall include the territorial scope for jurisdiction of the courts of first instance at the seat of this court, and it may hold its hearings elsewhere within its territorial jurisdi…

1. The attorney, assigned by the court or appointed by the Defendant, shall defend the latter at the hearings or delegate someone else to represent him, failing which, he shall be condemned to a fine not exceeding [AED 1…

The court shall issue, at the request of the court-appointed attorney, an order determining his professional fees to be borne by the public treasury, as guided by the fees schedule issued under a resolution of the Minist…

1. The chief justice of the competent criminal court shall, when the case file is referred thereto, order that the Defendant and the witnesses be notified of the day scheduled for hearing the case, and the Public Prosecu…

The criminal court may, in all cases, order that the Defendant be arrested and brought before it or be remanded in custody and may release the remand prisoner on or without a personal guarantee or a bail bond.

Where the Defendant charged with a felony fails to appear on the hearing date, after being duly served with the decision to prosecute and a Notice to Appear, the court may either render a judgment in absentia or adjourn …

For every judgment of conviction that gives rise to depriving the Defendant of the right to dispose of or manage his own property or to institute any legal proceedings in his own name, the Public Prosecution, the Defenda…