Criminal cases in the United Arab Emirates (UAE) have specific rules and procedures outlined in Federal Law No. 35 of 1992. This law ensures a fair and efficient judicial process as well as human rights. The legal framework provides guidelines for conducting criminal investigations, and trials, rendering judgments, appealing decisions at higher courts, and implementing penalties.
Key aspects of the law include:
- Complaint and Criminal Investigation: Before a case reaches court, an investigation is carried out by public prosecutors to gather evidence against the accused and to determine whether a case has merit. If sufficient evidence is found, then the public prosecutor will initiate a criminal case.
- Trial: During the trial, the public prosecutor represents the public and presents the case against the accused. The accused is allowed to have a legal criminal defense lawyer to defend themselves in court. Both parties can present witnesses and evidence to support their respective cases.
- Judgment: After hearing the arguments and examining the evidence, the judge will render a judgment based on the merit of the case and the applicable law.
- Appeals: If either party is dissatisfied with the judgment, they can appeal the decision to a higher court. The appellate court will review the case and either confirm, amend, or reverse the original judgment.
Will any legal fees be incurred for filing a complaint before the police?
No fees will need to be paid for filing a criminal complaint before the police. However, if the complainant seeks the legal services of an attorney, then professional legal fees will need to be paid to the attorney.
Procedure:
Complaint:
To start a criminal case in the UAE, the victim must file a complaint with the police. The complaint should detail the incident and events related to the crime. Following the complaint, the police will investigate by gathering evidence, interrogating suspects, and collecting witness testimonies. The findings are then presented to the public prosecutor, who decides whether to pursue the case in court.
Arrest:
When someone is arrested, several steps in a criminal case must be carefully managed. A skilled and experienced criminal lawyer can be very helpful in guiding clients through each part of the process and making sure their rights are protected. The first stage is arrest. This can be a stressful and scary experience for people and their families. A criminal defense lawyer can help clients understand their rights like the right to stay silent and the right to have a criminal lawyer in Dubai. They can also explain what to expect next, such as the importance of cooperating with authorities while also protecting their legal interests.
Tracking Crime and Evidence:
After an arrest, the next step is the investigation. This may involve gathering evidence, interviewing people, and building a case against the accused person. A lawyer can help their client during this phase by advising them on protecting their rights, making sure any evidence is legally obtained, and planning a defense strategy. Once the investigation is finished, the case moves to the pre-trial stage. Here, a lawyer can negotiate with prosecutors on behalf of their client, trying to get charges reduced or dropped. They can also help prepare their client for the trial, making sure they understand their rights and responsibilities in court.
Trial:
The trial is the next step in a criminal case. During the trial, the evidence against the accused is presented, witnesses testify, and both sides make arguments. A lawyer plays a crucial role here. They advocate for their client, question witnesses, and build a strong defense. If the accused is found guilty, the case moves to the sentencing phase. Here, the criminal defense lawyer can argue for a fair sentence, presenting various factors. They can also explore options for an appeal, if necessary.
Throughout the criminal case, the criminal lawyer guides the client. They provide legal advice, emotional support, and strategic representation. By having a skilled lawyer, individuals can ensure their rights are protected and they have the best chance of a fair outcome.
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