The United Arab Emirate’s judiciary is completely independent and the judges are subject to have no authority other than the rule of law and their conscience. The UAE has three levels of courts for litigation purposes i.e. The First Instance Court, The Appeal Court and The Cassation Court. This system enables the affected party to challenge the case and present evidence within the provisions of the law.
The Federal Law No. 35 of 1992 as amended, specifies the procedures for criminal cases in the UAE.
What are the rights of individuals facing criminal charges?
No detention without warrant:
No one may be arrested, searched, detained, or imprisoned except under the circumstances and conditions mentioned in the law. Detention or imprisonment may take place only in places designated for that purpose and the period specified in the warrant issued by the competent authority.
Accused is innocent until proven guilty:
No person shall be held accountable for the crime of another person. The UAE’s judicial system respects the dignity of people. The UAE penal code presumes that an accused is innocent until proven guilty. No criminal penalty may be imposed on anyone until his guilt is proven according to the law.
Right to an attorney:
Under the Sixth Amendment, you have the right to legal representation. If you can’t afford a criminal lawyer, one will be appointed for you. This right is fundamental to ensuring a fair chance to defend yourself.
Rights to an attorney:
Anyone accused of a felony (or a serious crime) punishable by a death sentence or life imprisonment may have a criminal defense lawyer to defend him at the trial stage. If the accused did not appoint a lawyer, the court shall provide him with a lawyer whose fees are to be incurred by the state, as provided by the law.
Right of speedy trial:
The UAE law provides legislation ensuring the accused gets the right to a speedy trial. This right aims to ensure that individuals are not held in custody for an extended period without having their case resolved.
- The accused can ask the court to compensate him for the prejudice suffered due to the harmful accusation made by the victim or the accuser.
- Law enforcement authorities such as police may not enter into any place of residence except under the circumstances specified in this law or in case of a request for assistance from the resident who could be under a serious threat to his life or property.
How a criminal lawyer helps protect these rights:
- Legal guidance: The criminal lawyers offer essential legal guidance from the beginning of the case. Understanding the charges, potential consequences and legal choices are crucial as fundamental steps in planning a criminal defense strategy.
- Case investigation: A thorough investigation is necessary and crucial. This often involves examining the prosecution’s evidence, seeking out witnesses, and developing an effective defense strategy based on the findings.
- Representation in court: The lawyers help with presenting the defense case, cross-examining witnesses, and aiming to convince the jury of their client’s innocence or negotiate for reduced sentencing.
In the complex world of criminal law, a criminal defense lawyer serves as a guiding light for those facing legal challenges. Their expertise in the law and dedication to protecting their client’s rights are crucial for the outcome of these criminal cases.
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Musaab Ali AlNaqbi Advocates & Legal Consultants is specifically known for providing thorough, high-quality legal advice and services and treating our clients and lawyers with respect and courtesy.
