Criminal Procedures in UAE

Annexure - I

CRIMINAL PROCEDURES IN UAE

This note provides an overview of the criminal justice process in the United Arab Emirates, with particular emphasis on the rights available to accused and convicted persons. It explains the different stages of a criminal case, from the filing of a complaint and investigation, through court proceedings, judgments, appeals, and the serving of sentences. It also outlines the rights and entitlements available to persons held in penal and correctional institutions. The note is arranged in the order in which these events usually occur, making it easier to follow and understand. It includes references to the relevant legal provisions where appropriate. This note is for providing general guidance and does not constitute formal legal advise or a legal opinion, for which a licensed UAE law firm/lawyer maybe consulted.

CRIMINAL PROCEDURE FLOW IN THE UNITED ARAB EMIRATES AND THE RIGHTS OF THE ACCUSED AND CONVICTED PERSONS

Legal Framework

Criminal proceedings in the United Arab Emirates are governed primarily by Federal Decree-Law No. (38) of 2022 Promulgating the Criminal Procedures Law, as amended (“CPL”) (Unless provided otherwise, the reference to an Article in this report shall be deemed to a be reference to the CPL). Matters relating to detention, imprisonment, and communication with detainees are further regulated by Federal Decree-Law No. (34) of 2024 on Penal and Correctional Institutions (“Penal Institution Law”), together with Cabinet Resolution No. 471 of 1995, which continues to apply as executive regulations until replaced by new implementing regulations.

Institution of Criminal Proceedings

Criminal actions are generally instituted and prosecuted by the Public Prosecution. The Attorney General also has the authority to initiate criminal proceedings.
Criminal complaints may be submitted either to:

the Public Prosecution; or
a Judicial Police Officer.

Rights of the Accused and Inmate

Right to Preserve Personal Freedom: A person may only be punished after being found guilty in accordance with the law. Arrest, detention, imprisonment, travel bans, and other restrictive measures may only be imposed in the cases and under the conditions prescribed by law. The accused must not be subjected to torture, physical or moral harm, or degrading treatment, and any evidence obtained through such methods is invalid (Article 2 of CPL).
Right to Legal Representation: A person accused of a felony (i.e. a crime punishable by imprisonment of at least 3 years or any higher punishment) has the right to be represented by an attorney during the trial stage. If the felony is punishable by death or life imprisonment and if the accused does not appoint an attorney, the court must appoint one to defend him or her (Article 4 of CPL).
Language Assistance: If the accused does not speak Arabic, the Judicial Police Officer, the Public Prosecutor, or the competent court judge must either appoint an approved or licensed interpreter or use technical means approved by the Ministry of Justice or the Local Judicial Authority. If the accused is mute, deaf or unable to speak, questions shall be put in writing, and his answers shall be recorded in a document attached to the case file. If writing is not possible, a sign language interpreter should be engaged (Article 8 of CPL).
Transparency Principle: At every stage, the accused must be informed of charges and rights clearly and promptly.
Rights of an Inmate in Penal and Correctional Institutions: An inmate shall be entitled to the following rights: (i) Respect for their dignity and protection from torture, cruel treatment, or degrading punishment; (ii) Access to judgments and documents served upon them, and the right to submit petitions, claims, reports, requests, or memoranda; and (iii) Access to information regarding their duties, prohibitions, and applicable penalties in a language they understand. (Article 8 of Penal Institution Law).
No inmate should be detained in a penal or correctional institution beyond the duration specified in the admission order (Article 13 (2) of Penal Institution Law).
Healthcare and Medical Treatment: Penal and correctional institutions are obligated to provide health care and medical treatment to inmates in coordination with government health facilities (Article 24 (1) of Penal Institution Law).

Arrest Powers of Judicial Police

A Judicial Police Officer may arrest an accused who is present at the crime scene if there is cogent evidence that he or she committed the offence (Article 46 of CPL).
If the accused is not present at the crime scene, a Judicial Police Officer may issue an arrest warrant, which must be recorded in the official report (Article 47 of CPL).

Rights of the Accused Upon Arrest

Once the accused is arrested or brought before the Judicial Police Officer and before any statements are taken, the accused must be informed of:

the criminal charge brought against him or her; and
the right to remain silent, as required. (Article 48 of CPL)

If the accused is not released at this stage, he or she must be referred to the competent Public Prosecution within 48 hours (Article 48 of CPL).
The Public Prosecution must question the accused within 24 hours of referral and must then decide whether the accused is to be remanded in custody or released (Article 48 of CPL).

Search Powers

A Judicial Police Officer may search the accused in any case where the law permits his or her arrest, and such search may extend to the accused’s body, clothing, and belongings in order to locate items connected with the offence or necessary for the investigation (Article 52 of CPL).
A search of the accused’s home may only be conducted pursuant to a written warrant issued by the Public Prosecution, unless the offence is committed in flagrante delicto (in layman terms, something akin to being caught red-handed at the scene of the crime or immediately thereafter with incriminating signs and evidence) and there is cogent evidence that the accused is concealing objects or documents in the home that may reveal the truth (Article 54 of CPL).
During a lawful home search, items that are discovered incidentally, the possession of which constitutes a criminal offence, or which may reveal the truth in another offence, must also be seized (Article 55 of CPL).
If women are present and not being searched, officers must respect their privacy by allowing them to hide or leave the house and give them the necessary facilities for the same, without affecting the outcome of the search (Article 56 of CPL).

Questioning of the Accused

When the accused is first presented for investigation, the Prosecutor must:

record all personal identity details of the accused;
inform the accused of the charge attributed to him or her; and
record all answers given by the accused to the questions posed. (Article 97 of CPL).

Attorney can attend and review papers: The attorney of the accused has the right to attend the investigation and to review the investigation papers unless the Prosecutor decides otherwise for the interest of the investigation (Article 98 of CPL).
Under Article 102 of CPL, in case of an arrested person the Prosecutor must immediately question the arrested person.
If immediate questioning is not possible, the arrested person may be detained in a designated detention facility for no more than 24 hours, after which he or she must be sent to the Public Prosecution, which must then either question the person immediately or order his or her release.

Arrest Warrants Issued by the Public Prosecution

The Prosecutor may issue a notice to appear, an arrest warrant, or a travel ban against the accused according to the circumstances.
Under Article 100 of CPL, the Prosecutor may issue an arrest warrant, even if the offence is one for which detention would not normally be permitted, if:

the accused fails to appear after being served with a notice to appear without an acceptable excuse;
the accused is likely to abscond;
the accused has no known place of residence; or
the accused was caught in flagrante delicto.

Detention

Holding the Accused in Custody: After questioning the accused, the Prosecutor may order that the accused be held in custody if there is sufficient evidence of a felony or a misdemeanor punishable by a penalty other than a fine (Article 103 of CPL).
Contact While in Custody: Article 13(6) of the Penal Institutions Law provides that the Penal or Correctional institution must enable the inmate to contact his relatives or whomever he wishes upon to inform them of his whereabouts. However, when the requirements of the investigation so demand, the Prosecutor may issue an order prohibiting communication with third parties. This does not affect the accused’s right to communicate privately with his or her attorney at all times (Article 106 of CPL).
Article 19 of the Penal Institution Law provides that an inmate in pre-trial detention shall have the right to meet his visitors and correspond with whomever he wishes, and he may contact any person he wishes to contact under the supervision of the Officer in charge of the Penal and Correctional Institution or his representative, unless the detention order prohibits the same. However, in certain circumstances such as: (a) where a foreign detainee wants to communicate with his embassy, diplomatic mission or the entity representing his interests in the State; and (b) where a detainee wants to meet his lawyer at the penal and correctional institution after verifying, the lawyer’s status, the Public Prosecution’s written permission is required (which is usually applied for through the TAMM Portal).
This Article 19 of the Penal Institution Law also particularly provides for a foreign inmate’s right to communicate with his/her embassy, diplomatic mission or the entity that looks after his interests in the UAE, being subject to permission from the Public Prosecution.
Further, Article 36(1)(b) of Vienna Convention on Consular Relations, to which UAE is a signatory, states that

“1(b) if he(arrested person) so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this sub paragraph;

It may be noted that Consular notification is not automatic. An arrested Indian national must specifically request the UAE authorities to inform the Embassy of India / Consulate General of India of their detention in a form which is presented to them during/after the arrest/detention. Without such a request, the Embassy/Consulate will not be automatically notified.
An inmate’s right to meet his/her lawyer at the penal and correctional institution, is also subject to this permission procedure.
The Executive Regulation pertaining to the Penal Institution Law is yet to be issued.
Duration and Extension of Detention: A detention order issued by the Public Prosecution is valid for 7 days and may be renewed once for a further period not exceeding 14 days (Article 107(1) of CPL).
Continued Detention: If continued detention is required beyond these periods, the Public Prosecution must submit the case file to a judge of the competent criminal court, who may, after reviewing the case papers and hearing the accused’ statements, extend the detention for renewable periods not exceeding 30 days, or order the accused’s release with or without bail (Article 107(2) of CPL).
The accused may submit a grievance against a detention extension order issued in his or her absence within 3 days of being notified or becoming aware of the order (Article 107(3) of CPL).
Provisional Release: 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 Public Prosecutor or his representative (Article 108 (1) of CPL).
The Public Prosecution may order the provisional release of the person held in custody or cancel the order to place him/her under electronic monitoring for a felony or a misdemeanour, at any time, whether suo motu or upon request of the Accused, unless accused has been referred to the Court for trial, where his release shall be within the competence of the Court (Article 108 (2) of CPL).
Temporary Release of Inmates: Penal and correctional institutions may, with the approval of the Public Prosecution, allow an inmate temporary release for emergency reasons, work, education, training, or family home visits (Article 31 of Penal Institution Law).
Release on Bail: Except in cases where provisional release is mandatory, the accused may be released on:

a personal guarantee,
a bail bond; or
a travel ban;

and the amount or conditions shall be determined by the Public Prosecution or the judge (Article 109 (1) of CPL).

If bail cannot be provided, the prosecutor may modify the bail condition or cancel it or order detention under remand or order his continued detention if he was in detention under remand, from the date of the release order pending the bail (Article 109 (2) of CPL).
Re-Arrest After Release: A release order does not prevent the Prosecutor from issuing a new arrest warrant if:

the evidence becomes stronger;
the accused fails to comply with release obligations; or
circumstances otherwise require such action. (Article 112(1) of CPL).

If the release was ordered by the court, any new arrest warrant must be issued by the same court upon the request of the Public Prosecution (Article 112(2) of CPL).

Jurisdiction After the Case Reaches Court

Once the accused is brought before a court, that court alone has jurisdiction to decide on release, detention, or electronic monitoring, and to overturn any such decisions (Article 113 of CPL).
A motion submitted by the victim or plaintiff seeking the detention of the accused is inadmissible, and their statements may not be heard in matters relating to release or detention (Article 114 of CPL).

Appeal Against Detention or Release

The Public Prosecution may appeal a judge’s decision ordering provisional release of a detained accused, and the release shall not be executed until the appeal period expires (Article 133(1) of CPL).
The accused may appeal a judge’s decision extending his or her detention within the prescribed appeal period, to the Court of Appeal (Article 133(2) of CPL).

Dismissal upon Investigation

Public Prosecution (or the Attorney General in case of felonies) can, following the investigation conducted by the Public Prosecution, dismiss the case with prejudice (i.e. on substantive merits of the matter) and order that the accused be released, unless he is detained for any other reason (Article 118). This order may be revoked by the Attorney General within 3 months of its issuance.
Alternatively, if the Public Prosecution is convinced that there is no legal ground to proceed with the case, it shall dismiss the case without prejudice. (Article 119 of CPL).

Appearance Before the Court

When the case is referred to the criminal court, the Public Prosecution orders the accused to appear before the competent court named in the referral decision (Article 157 of CPL). The accused must be provided notice of the same.
An accused charged with a felony or a misdemeanour punishable by a penalty other than a fine must appear in person, whereas in other misdemeanours or petty offences the accused may be represented by an attorney. However, in all circumstances, the attorney, a relative, or an in-law of the accused may appear and furnish an excuse for the absence of accused (Article 161 of CPL).
If an absent accused appears before the conclusion of the hearing in which judgment is rendered, the case must be reheard in his or her presence (Article 171 of CPL).

Trial Record and Judgment

A complete transcript of every hearing must be prepared and signed by the presiding judge and the clerk, recording all events, names of participants, and statements of witnesses and litigants (Article 172 of CPL).
The criminal court may order the arrest, remand, or release of the defendant with or without a personal guarantee or bail bond at any stage (Article 198 of CPL).
The judge must decide the case according to his or her own satisfaction and may not rely on evidence that has not been presented to the litigants during the hearings (Article 210 of CPL).
The judgment must be rendered in open court. Even if the lawsuit is held in closed court, it must be recorded in the hearing transcript and signed by the presiding judge and the clerk (Article 211 of CPL).

Judgments Rendered in Absentia and Opposition

Right to Oppose Judgments in Absentia: The convict and the defendant liable for civil rights may challenge judgments rendered in absentia in misdemeanours and infractions by filing an opposition within 7 days from the date of being notified of the judgment (Article 229 of CPL).
The statement of opposition must be filed with the office of the criminal clerks of the Public Prosecution located within the territorial jurisdiction of the court that rendered the judgment, and it must indicate the date of the hearing fixed for the opposition proceeding (Article 229 of CPL).

Appeals Before the Court of Appeal

The Defendant and the Public Prosecution may each appeal judgments rendered on the criminal action by courts of first instance (Article 230(1) of CPL).
Effect of Appeal on Execution: Filing an appeal does not stay execution of the judgment unless the Court of Appeal orders otherwise (Article 230 (2) of CPL).
Death Penalty Judgments – Auto Appeal: Judgments imposing the death penalty are deemed appealed by operation of law and their execution is stayed (Article 230 (3) of CPL).
Time Limits and Filing of Appeal: An appeal must be filed within fifteen (15) days from the date of pronouncement of a judgment, or from the date of the judgment rendered on an opposition proceeding.
If the convict is imprisoned, the appeal may be filed through the prison director, who must forward it to the criminal clerk’s office (Article 234 of CPL).
Lapse of Appeal for Failure to Surrender: An appeal filed by a Defendant sentenced to a custodial sentence shall lapse if the Defendant fails to surrender himself for execution of the judgment before the scheduled hearing of the appeal (Article 238 of CPL).
Effect of Appeal Filed by the Public Prosecution: If the Court of Appeal is convinced that the act decided as a misdemeanour constitutes a felony, it must set aside the judgment, declare lack of jurisdiction of the first instance court, and remand the case to the Public Prosecution (Article 240 of CPL).
Scope of Review by the Court of Appeal: If the appeal is filed by the Public Prosecution, the Court of Appeal may affirm, amend, or set aside the judgment in favor of or against the Defendant, but an acquittal may only be overturned unanimously. If the appeal is not filed by the Public Prosecution, the judgment may only be amended in favor of the Appellant (Article 241 of CPL).
Effect of Procedural Invalidity: If the Court of Appeal finds that a judgment on the merits is based on procedural invalidity, it must set aside the judgment and decide the case. Where jurisdiction or a stay is wrongly determined, the case shall be remanded to the Court of First Instance (Article 242 of CPL).

Appeals in Cassation

Right to Appeal in Cassation: The Public Prosecution, the convict liable for civil damages, the plaintiff, and the insurer may file a further appeal against final appellate judgments in felonies or misdemeanours to the Court of Cassation (Article 244 of CPL).
Grounds for Cassation: Cassation may be sought on grounds including violation, misapplication, or misinterpretation of the law, procedural invalidity affecting the judgment, adjudication in excess of claimed relief, lack or insufficiency of reasoning, or contradictory judgments (Article 244 of CPL).
Time Limit for Cassation: Cassation petitions must be filed within thirty (30) days from the date of judgment, or from the date of service where applicable (Article 245 of CPL)
Powers of the Court of Cassation: The Court of Cassation may overturn the judgment on its own initiative in favor of the Defendant if it finds a legal error relating to public order, jurisdiction, composition of the court, or application of a more favourable law (Article 246 of CPL).
Death Penalty Judgments: A death penalty judgment is deemed appealed in cassation by operation of law and its execution is stayed (Article 253 of CPL). The clerk's office of the court that rendered the judgment shall, within three [3] days of the judgment date, send the case to the Case Management Office of the court with which the appeal in cassation is filed. The Public Prosecution shall file with the Case Management Office of the court a statement of opinion on the judgment within twenty [20] days of the judgment date. The Public Prosecution may appoint an attorney admitted before the court of cassation to defend the accused if the latter has not already appointed an attorney.

Reconsideration of Final Judgments

Grounds for Reconsideration: Final judgments of Court of Cassation may be reconsidered in the limited circumstances set out in Article 257 of CPL, including discovery that the victim is alive (in a murder offence), contradictory convictions, subsequent findings of perjury or forged evidence, overturned civil judgments on which the conviction was based on, or the introduction of new facts proving innocence.
The motion shall be submitted to the Attorney General, who shall submit the motion with investigation conducted to the Criminal Cassation Tribunal, under a report indicating his opinion with reasons.

In cases based on new facts or documents, the right to file for reconsideration belongs exclusively to the Attorney General (Article 259 of CPL).
Procedure and Effect: The Court of Cassation shall hear the motion and may overturn the judgment, acquit the Defendant, or remit the case for retrial in accordance with Article 261 of CPL.
Effect on Execution: Filing a reconsideration motion does not stay execution of the judgement. (Article 262 of CPL)
Automatic Stay on Death Penalty: Filing a reconsideration motion will automatically stay execution of a judgment involving the death penalty (Article 262 of CPL).

Enforcement of Criminal Judgments

Diyya (Blood Money) [the financial compensation payable to the victim or heirs of a victim in the cases of murder, bodily harm or property damage]: Diyya sentences are enforced by detention until payment or settlement, subject to postponement or instalment approval by the

Attorney General (Articles 275 and 276 of CPL).

Qisas judgments (judgments for retaliation in kind) are not expeditiously enforced (Article 274 of CPL).
Objections to Enforcement: Objections to enforcement are filed with the sentencing court and do not stay execution unless the judgment is for death penalty (Articles 278, 280 and 281 of CPL).
Ratification and Enforcement of Death Penalty: Final death penalty judgments must be ratified by the President of the State before enforcement (Article 285 of CPL) and must be carried out in accordance with Articles 284 to 290 of CPL.

Custody, Conditional Release and Financial Enforcement

Conditional Release: A convicted person may be granted conditional release subject to the Penal Institutions Law, and such release may be revoked upon breach of such conditions (Article 304 of CPL). Penal Institutions Law provides that this may be applied for upon serving two thirds of the imposed sentence or 20 years in case of life imprisonment.
Financial Penalties and Physical Coercion: Fines and financial penalties may be enforced through physical coercion by confinement, calculated at one day per AED 100, subject to a six-month maximum (depending upon the quantum of fine/penalty) (Articles 307 and 315 of CPL).

Rights of Prisoners and Oversight

Prosecution Oversight: The Public Prosecution has the right to access all detention places to ensure no person is illegally detained (Article 325 of CPL).
Complaints by Inmates: Every inmate may submit complaints to the prison administration, which must be transmitted immediately to the Public Prosecution (Article 326 of CPL).
Visitation Rights: Prisoners are entitled to visitation in accordance with the Penal Institution Law and Cabinet Resolution No. 471 of 1995 (Articles 16 to 22, 35(3), and 60 (bis 2)) (as no executive regulation has been issued under the new Penal Institutions Law), with three visitation days for the penal institution (different times allotted for male and female visitors). There is a minimum visit duration of fifteen minutes, with up to four visitors on the day decided for the visit.

Penal Reconciliation Procedures (Settlement with Victim)

The Public Prosecution or the Court may end the criminal dispute matters amicably through penal reconciliation procedures if the victim and the defendant agree to it. (Article 348 of CPL). Penal reconciliation is applicable only to specific crimes which are set out in Article 349 of CPL. If the victim accepts reconciliation, a minutes of reconciliation shall be prepared, and approved by the members of the Public Prosecution and signed by the parties. Reconciliation requests are not accepted if they are conditional or have a deadline. Reconciliation will be allowed at any stage of a lawsuit, even after a final judgment. (Article 350 of CPL).

Reconciliation through Penal Mediation (Article 352 to 356 of CPL)

The Public Prosecution may conduct penal mediation through a mediator if both parties agree. The mediation duration must not exceed one month, unless the mediator requests for extension which shall be granted for similar period (one month) and only once.
The mediator can draft the penal mediation agreement, upon succeed mediation process which needs to be signed by both parties and should be presented to the Public Prosecution member for approval. The defendant must start fulfilling his obligations within two (2) weeks of approval. If the defendant fails to comply, the Prosecution may proceed with criminal lawsuit.
Defendant’s acceptance to enter mediation procedures and his/her statements made during mediation cannot be invoked as confessions.