UAE Criminal Procedure Law — articles 201–300

In the event that the Defendant is residing outside the State, the decision to prosecute and the subpoena shall both be served upon him at his place of residence, if known, at least one month prior to the date set for he…

The decision to prosecute shall be read out at the hearing followed by all the papers proving that the absent Defendant has been duly served, following which, the Public Prosecution and the other litigants shall submit t…

As soon as rendered, the judgment in absentia shall be enforced as concerns all enforceable penalties and measures, and for damages, it may be enforced as of its rendering date. In which case, the Plaintiff shall provide…

In the event that the Defendant convicted in absentia appears before the court or is arrested, the case shall be re-heard before the court. If the previous judgment for damages has been enforced, the court may order a re…

The absence of an Defendant shall not delay the decision on the case with regard to the other Defendants. In case the Defendant charged with a misdemeanor that is brought before the criminal court fails to appear, the pr…

The provisions and procedures set forth in the Civil Procedure Law shall apply to the judge's eligibility to hear any legal proceeding and his disqualification and recusal, subject to the provisions of Articles [207] and…

1. The judge shall be prohibited from getting involved in hearing the case if the offense has been perpetrated against him in person, or if he has performed the duties of the Judicial Police Officer, the Public Prosecuti…

1. The litigants may disqualify the judges from adjudicating on any case in the instances described in Article [207] of this Law, and based on all disqualification instances described in the Civil Procedure Law. 2. Neith…

The court shall be under no obligation to abide by the contents of the preliminary investigation or fact-finding reports, unless otherwise provided for in the Law.

The judge shall adjudicate on the case according to his own satisfaction. However, the judge may not render a judgment based on any evidence that has not been produced to the litigants at the hearings.

1. The judgment shall be rendered at an open court hearing, even of the case has been heard camera, and shall be written down in the hearing transcript and signed by both the presiding judge and the clerk. 2. The Court m…

If the incident in question is not proven, or where the law does not prescribe a penalty for it, the Court shall decide acquittal of the Defendant, and the latter shall be released if he is kept in detention only based o…

If the incident in question is proven and constitutes a punishable offense, the Court shall render the sentence according to the provisions set forth in this Law.

No judgment may be rendered against the Defendant on grounds of any incident other than the one described in both the decision to prosecute and the notice to appear, nor may a judgment be rendered against a person other …

1. The Court may include in its judgment a change of the legal characterization of the incident imputed to the Defendant, and may change the charge as deemed appropriate in light of the investigation or pleadings at the …

The hearing transcript and judgment shall be complementary to each other for establishing the trial procedures and details of the judgment introduction.

1. The judgment shall contain the grounds upon which it is based, and every judgment of conviction shall include details of the wrongful act that entails the penalty and its circumstances, and shall refer to the text of …

The presiding judge shall collect the opinions, starting with the newest judge and so on up to the most senior judge, and shall then give his opinion. Judgment shall be rendered based on majority opinion, except for the …

Upon pronouncing the judgment, the Court shall keep the same in the case file, including its grounds, and signed by the presiding judge and the judges.

1. If a material error occurs as to a judgment or a decision and does not give rise invalidity thereof, the court that renders the judgment or decision shall, either sua sponte or motion of any litigant, correct such an …

The procedure shall be deemed invalid if the same is explicitly provided for in the law, or if the procedure involves any defect due to which the purpose of the procedure could not be achieved.

If the invalidity is due to failure to observe the provisions of the law relating to the formation of the court, or authority to adjudicate on the case, or its jurisdiction in terms of the type of crime brought before it…

Except for the instances where the invalidity is relating to the public order, the invalidity may only be invoked by the party in whose favor the same is established, unless such a party has caused such invalidity.

Invalidity shall only be decided by the Court if the purpose of the form or matter required is proven to have occurred.

Invalidity shall cease to exist if explicitly or implicitly waived by the party in whose favor the same is established, except for the instances where the invalidity is relating to the public order.

If the Defendant attends a court hearing in person or through an attorney, he may not invoke invalidity of the Notice to Appear, but rather, he may request a time extension for getting his defense prepared before the cas…

The invalid procedure may be replaced with a valid one, even after the invalidity is invoked, provided that the same takes place within the legal timeframe prescribed for performing the underlying procedure. If no such t…

The invalid procedure shall not give rise to invalidity of the other procedures preceding it or those subsequent thereto, unless they have been dependent thereon.

1. The convict and the Defendant liable for civil rights may challenge, by way of opposition, the judgments rendered in absentia on the misdemeanors and infractions within seven [7] days of the date of being notified of …

1. The Defendant and the Public Prosecution may each appeal against the judgments rendered on the criminal action by the courts of first instance. 2. Appealing a judgment shall not give rise to a stay of its execution, u…

The judgment rendered on inseparably interrelated offenses may be appealed, even if the appeal is legally permissible for the Appellant only with regard to any particular items of such offenses.

1. The judgments rendered before the merits are adjudicated on may only be appealed if they give rise to a stay of proceedings. 2. Appealing the judgment rendered on the merits shall inevitably result in appealing such j…

The Plaintiff, the Defendant liable for the same, the insurer and the Defendant may each appeal against the judgments rendered on the civil action by the court of first instances with regard to the civil rights only, whe…

1. The appeal shall be established by filing a statement of appeal with the criminal clerk's office within fifteen [15] days of the date of pronouncement of the judgment rendered in the presence of the parties, or as of …

For the judgment rendered as if in the presence of the litigant, as defined in Articles [190] and [191] in this Law, their appeal time limit shall commence, with regard to the party in whose absence they are rendered, as…

1. The criminal clerk's office shall write down, in the statement of appeal, the date of the hearing scheduled for hearing the appeal, and the same shall be deemed a service of the hearing date, even if the statement of …

The court shall hear the Appellant's statements and review the grounds of his appeal, and then the other litigants shall speak. The Defendant shall be the last to speak. Next, the court shall render its judgment after re…

The appeal filed by the Defendant on whom a custodial sentence is imposed shall lapse if the Defendant fails to surrender himself for enforcement of the judgment prior to the scheduled hearing of the appeal.

1. The court of appeal shall, by itself, examine the witnesses whose testimony should have been given before the court of first instance, and shall complete any other shortcoming in the investigation procedures. 2. In al…

For the appeal filed by the Public Prosecution, the court of appeal shall, if it is convinced that the act decided on as a misdemeanor constitutes a felony, order that the appealed judgment be set aside, that the court o…

1. If the appeal is filed by the Public Prosecution, the court may affirm, set aside or amended the appealed judgment in favor of or against the Defendant. However, the judgment of acquittal may only be set aside by unan…

1. If the court of first instance rendered a judgment on the merits, and the court of appeal is convinced that the judgment is based on an invalidity or that a procedural invalidity has affected the judgment, the court o…

If the Judgment awarding damages is set aside, but such damages have been enforced on a temporary basis, they shall be refunded based on the new judgment.

The Public Prosecution, the convict liable for civil damages, the Plaintiff, and the insurer may each appeal in cassation the final judgments rendered by the court of appeal on any felony or misdemeanor in the following …

1. The appeal in cassation shall be established by filing a petition that contains the grounds of such appeal with the Case Management Office of the court to which the appeal is submitted, within thirty [30] days followi…

1. No grounds may be submitted to the court in respect of the appeal in cassation other than those mentioned in the statement of appeal filed with the clerk's office of the court with which the statement is filed. 2. The…

If the appeal in cassation is not filed by the Public Prosecution or by the convict sentenced to death penalty or a custodial sentence, such appeal may only be admitted after the Petitioner pays an amount of AED [1,000] …

1. The Case Management Office of the court shall request the enclosure of the file of the case whose judgment is appealed in cassation, within three [3] days following the date of filing the statement of appeal in cassat…

1. If the appeal in cassation is not filed in compliance with the requirements set forth in Article [245] of this Law, the court shall dismiss it. 2. If the court admits the appeal in cassation and the merits thereof are…

If the judgment grounds include an erroneous citation of the law or the provisions of the law, the judgment shall not be overturned as long as the court-ordered penalty is prescribed by the law for the offense in questio…

Only aspects of the judgment upon which the appeal in cassation is based shall be overturned, unless the entire aspects of judgment are inseparably interrelated. Unless the appeal in cassation is filed by the Public Pros…

If the contested judgment was issued due to accepting a plea in bar and such judgment is overturned by the court of cassation and the case is remanded to the lower court issuing the judgment for examination of the merits…

Without prejudice to the foregoing provisions, the judgment that imposes a death penalty sentence shall be deemed an appeal in cassation and its execution shall be stayed until the appeal in cassation is adjudicated on. …

1. If the court to which the appeal in cassation is submitted decides that the appeal in cassation be denied, dismissed in whole or in part, or be inadmissible, the Petitioner filing the same shall be ordered to pay the …

If the judgment is overturned upon motion by any litigant other than the Public Prosecution, no harm shall be inflicted upon such a litigant based on the appeal in cassation.

1. The Attorney General may, either sua sponte or upon a written request from the Minister of Justice or the Head of the competent local judicial body, appeal in cassation as a matter of law, the final judgments, regardl…

Motions for reconsideration of final judgments imposing sentences or measures may be filed in the following instances: 1. If the Defendant is sentenced on grounds of a murder offense, and the victim is subsequently found…

1. In the first four instances of Article [257] of this Law, the Attorney General and the convict or his / her attorney if the convict is incapacitated or missing, or the relatives or spouse of the convict after his / he…

1. The right to file motions for reconsideration in respect of the instance described in Article [257.5] of this law shall be conferred exclusively upon the Attorney General, whether sua sponte or upon the request of the…

The Public Prosecution shall notify the litigants of the hearing scheduled for examining the motion before the criminal cassation tribunal at least three [3] days prior to the hearing date.

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 pr…

The filing of a motion for reconsideration shall not cause a stay of execution of the judgment, unless the underlying judgment involves death penalty. Other than that, the court may order a stay of execution in its decis…

Every judgment of acquittal based on a motion for reconsideration shall be published, at the government's expense, both in the official gazette and in a local newspaper chosen by the person concerned.

Overturning the contested judgment shall automatically give rise to the lapse of the judgment for damages rendered based thereon, and any amount of such damages shall be refunded accordingly.

1. If the convict claims damages resulting from the judgment decided to be overturned, the court may award such damages under the acquittal judgment, 2. If the convict is dead when the motion for reconsideration of the j…

1. Judgments rendered by any judicial body other than the criminal cassation tribunal on the merits of a case based on a motion for reconsideration may be challenged by all methods of challenge prescribed by law. 2. No p…

If a motion for reconsideration is dismissed, it may not be re-submitted based on the same grounds.

1. The criminal action and the facts therein contained shall lapse with regard to the Defendant concerned once a final judgment of acquittal or conviction is rendered thereon. 2. If a judgment is rendered on the merits o…

The final criminal judgment of acquittal or conviction rendered on the merits of a case shall have a binding force before the civil courts in respect of the civil actions which have yet to be decided on under a final jud…

Judgment rendered on civil actions shall have no binding force before the criminal courts in respect of the occurrence of an offense and its perpetrator.

Judgments rendered on personal status matters shall have the res judicata effect before the criminal courts in respect of the personal status matters upon which the adjudication on the criminal action is based.

The Public Prosecution shall enforce the judgments rendered on all criminal actions instituted before the courts, and may, if necessary, seek direct assistance from the public authority.

Subject to the provisions of Book I of the Crimes and Penalties Law [Penal Code], referred to hereinabove, the punishments or measures described therein or in any other laws may only be replaced or amended upon being ord…

The judgments rendered on Qisas offenses shall not be expeditiously enforced.

The party convicted for Diyya payment shall be kept at a penal institution based on an order of the Public Prosecution until the Diyya judgment is enforced or the Diyya amount is settled.

The Diyya payment may be postponed or allowed to paid in installments based on the approval of the Attorney General for reasonable considerations decided by him. The relevant decision shall indicate the postponement peri…

The remand prisoner shall be immediately released or shall have his provisional electronic monitoring immediately cancelled – as the case may be -if the judgment establishes his acquittal or imposes a non-custodial sente…

Any objections to the enforcement of criminal judgments shall be filed with the court that rendered the judgment.

Objection shall be filed under a statement to be submitted to the court within the territorial jurisdiction of which the enforcement is to take place. The date scheduled for hearing the objection before the competent cou…

If the objection relates to the enforcement of a death penalty judgment, it may be filed with the person in charge of the management of the institution or place of enforcement of the sentence, and such a person shall be …

Filing an objection to the enforcement of a judgment shall not bring about a stay of execution of the underlying judgment, unless the judgment in question imposes death penalty. Other than that, the court may order a sta…

Under any circumstances, the objector may appoint an attorney to defend him, without prejudice to the court's right to order his personal appearance.

The objection shall be adjudicated on after hearing the statements of both the Public Prosecution and interested parties, and the court may conduct the necessary investigations. Decisions on the subject of the objection …

The convict sentenced to death shall be kept at a penal institution based on an order of the Public Prosecution until the judgment is enforced.

When the death penalty judgment rendered by a federal court becomes final, the case file shall be submitted to the President of the State through the Minister of Justice for ratification of the judgment.

1. Relatives of the convict sentenced to death may meet him on the day fixed for enforcement of the judgment but away from the place of enforcement. 2. If the convict requests a meeting with the religious preacher of the…

The death penalty shall be enforced within the penal institution or elsewhere based on a written order of the Attorney General, indicating the necessary fulfillment of the procedures set forth in Article [289] of this la…

1. The death penalty judgment shall be enforced in the presence of a member of the Public Prosecution, a representative of the Ministry of Interior, the person in charge, and the physician, of the penal institution, or a…

1. The person in charge of the management of the penal institution shall read out the operative part of the death penalty judgment and the charge based on which the judgment has been rendered against the convict, at the …

The death penalty shall not be enforced on the official holidays and religious holidays of the convict's religion.

The enforcement of death penalty against the pregnant woman shall be postponed until she gives birth and breastfeeds her newborn for two years, and she shall be imprisoned up to the postponed enforcement date.

1. Judgments imposing custodial sentences shall be enforced at the designated penal institutions based on an order of the Public Prosecution. 2. Notwithstanding any provision set forth in this law or in any other law, th…

The commencement day of judgment enforcement against the convict shall be included in the sentence term, and the convict shall be released on the day following the expiration of the sentence term at the time scheduled fo…

The custodial sentence term shall commence on the date of arresting the convict based on an enforceable judgment, and such a term shall be reduced in proportion to the pretrial detention period.

If the Defendant is exonerated from the offense based on which he has underwent pretrial detention or provisional electronic monitoring, or where a dismissal with prejudice order is issued in respect thereof, the pretria…

Where there are several custodial sentences imposed against the Defendant, the pretrial detention and arrest period shall be subtracted from the lighter sentence first.

If the woman punished by a custodial sentence is pregnant, the enforcement of judgment against her may be postponed until she gives birth to her baby and a six-month period following her childbirth passes.

If the person punished by a custodial sentence is afflicted with a life-threatening disease, or where the enforcement of judgment against him would jeopardize his life, the enforcement of sentence may be postponed.

If the convict is afflicted with insanity or serious mental or psychological disorder, which makes him totally unable to control his acts, the enforcement of sentence shall be postponed until he is cured. In which case, …

If a husband and his wife are punished by a custodial sentence, the enforcement of sentence may be postponed against either of them until the other party is released, in the event that they are taking care of a young chi…