For both locals and foreigners, it is essential to comprehend the United Arab Emirates’ (UAE) criminal investigation procedure. The preservation of individual rights, openness, and due process are all emphasized in the UAE’s legal system. The main phases of criminal investigation are described in this guide, along with current legal developments and helpful tips to assist you successfully navigate the system.
Key Stages of a Criminal Investigation
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Filing a Complaint
When a complaint is filed with the local police in the jurisdiction where the alleged act took place, a criminal investigation usually begins. Protecting the public, obtaining first statements from witnesses and complainants, apprehending suspects, carrying out investigations, and carrying out directives from the Public Prosecution to support the investigation process are all duties of the police.
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Police Investigation
Upon receiving a complaint, the police initiate an investigation that includes collecting evidence, interviewing witnesses, and apprehending suspects. This phase is critical as it lays the foundation for subsequent legal proceedings.
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Referral to Public Prosecution
The case is sent to the Public Prosecution by the police after the initial investigation is finished. To determine if the case should go to trial, the Public Prosecution considers the evidence. The matter is sent to the competent Criminal Court if the prosecutor determines that a criminal crime under the UAE Penal Code has occurred.
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Judicial Proceedings
If charges are filed, the case proceeds to court, where hearings and trials take place. The timeframe for each phase can vary depending on the complexity of the case and the evidence required. Minor offenses might be resolved within weeks, whereas more serious crimes could take months to conclude. The UAE legal system prioritizes timely resolution.
Rights of Individuals During an Investigation
The UAE legal system upholds the rights of individuals during criminal investigations. Key rights include:
- Right to be Informed: Individuals have the right to be informed about the nature of the accusations against them.
- Seek assistance for translation: Ensure that you seek a translator before providing any statements.
- Legal Representation: Suspects are allowed to have legal representation during questioning to ensure their rights are protected.
- Limited Detention Periods: Detention periods are limited under UAE law, and suspects cannot be held indefinitely without charge.
- Admissibility of Evidence: Any evidence obtained in violation of legal standards is deemed inadmissible in court, emphasizing the importance of lawful procedures.
Recent Legal Updates
- Federal Decree-Law No. 38/2022: Effective from March 1, 2023, this law abrogated Federal Law No. 35/1992 concerning the Criminal Procedural Law. It introduced comprehensive reforms to streamline criminal procedures and enhance the efficiency of the legal system.
- Federal Decree-Law No. 26 of 2024: This law marked a transformative shift in UAE federal law, introducing significant amendments to various legal provisions to align with international standards and address evolving legal and regulatory needs.
- Digital Transformation of Criminal Law: The UAE has embraced digital transformation in its legal processes. Virtual court hearings have become more prevalent, increasing accessibility for all parties involved, reducing costs associated with travel and court appearances, and enhancing safety and convenience, particularly for vulnerable witnesses.
Practical Advice if You Are Subject to a Criminal Investigation
If you find yourself involved in a criminal investigation in the UAE, consider the following steps to protect your legal rights and manage the process effectively:
- Cooperate with Law Enforcement: Always cooperate with law enforcement and provide accurate information.
- Seek Legal Assistance: Engage a qualified criminal defense lawyer promptly to ensure your rights are protected throughout the investigation and any subsequent legal proceedings.
- Maintain Confidentiality: Avoid discussing case details with uninvolved parties to prevent misunderstandings and potential legal complications.
- Request Clarification: If any part of the legal process is unclear, do not hesitate to request clarification from your legal representative or the relevant authorities.
- Document Everything: Keep a record of all communications and documents related to the investigation for future reference.
Expert Criminal Defense Lawyers in Dubai
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Our criminal law experts possess in-depth knowledge of UAE laws, court procedures, and Dubai’s justice system, enabling us to craft effective defense strategies. We are committed to delivering clear legal advice, comprehensive representation, and the strongest possible defense.
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