The Federal Law No. 35 of 1992 as amended, specifies the procedures for criminal cases in the UAE. It comprises a set of rules that describe the methodology and procedures for criminal investigation, the trial of accused, rendering judgement, conditions for appealing judgement at upper courts and the enforcement of judgement.
As per Article 7 of the Criminal Procedures Law, as amended, Public Prosecution has exclusive jurisdiction to initiate and prosecute criminal proceedings. It also has the authority to track it until a final judgement is rendered.
Public Prosecution is part of the judicial body. It assumes the authority of investigation and imposing charges, as well as referring the accused person to the competent court if his involvement in the crime is proven.
It also undertakes issues regarding the surrender of criminals and its follow-up in accordance with the international conventions, in cooperation with International Criminal Police.
However, in some cases as listed in Article 10 of the same Law, written or verbal complaint by the victim or his legal representative are necessary for filing a criminal action. These instances include:
- theft, breach of trust and the concealment of the proceeds thereof, if the victim is a spouse of the perpetrator or one of the perpetrator’s ascendants or descendants and the proceeds are not seized judicially or administratively or encumbered by a lien in favour of another person
- refusal to deliver a minor to or taking the minor away from the authority of the minor’s custodian
- insult, slander and other crimes as specified by the law.
Provided, in the above cases the complaint will not be accepted after three months since the victim knew about the crime and the party who committed a crime, unless otherwise provided by the law.
If the accused was caught red-handed, the complaint may be submitted to any public authority officer (i.e. police officer) attending the scene of the incident.
If there is more than one victim in the crime, a complaint from one of them is enough to initiate a criminal action.
If more than one person was accused of a crime, and the complaint was filed against one of them, it also applies to the other accused.
Where the victims are less than 15 years old or mentally challenged, or if the crime was committed against their property, the complaint shall be submitted by their legal guardian.
In case of a conflict of interest between the victim and his representative or if the victim has nobody to represent him, the public prosecutor will act for him.
The public prosecution carries out the investigation in Arabic.
In case the accused, the litigating parties, the witnesses or others whose statements are deemed critical by the public prosecutor do not know Arabic, the prosecution may seek the help of an interpreter after taking the oath.