ArticlesLaw of Criminal Procedures in UAE

30 January, 20230

Law of Criminal Procedures in UAE

Decree of Federal Law No. 38 of 2022 on Criminal Procedure in the UAE was promulgated to revoke Federal Law No. 35 of 1992 by promulgating the Law of Criminal Procedure and Federal Law No. 5 of 2017 on the use of remote communication technology in criminal procedures and any provision that contravenes or contradicts the provisions of this law. And it shall enter into force on 1 March 2023.

The scope of application of this law is whatever is punishable in the penalties law, the procedures for Qisas (retribution) and Diya (blood money) offences that do not contradict with provisions of the Islamic Sharia (jurisprudence), and any dates relating to the proceedings commencing from the effective date of the law. Unless a judgement was issued or the proceedings of a case have taken part prior to the effective date of the law and have not been conducted yet. Moreover, the provisions of Civil Procedure Law shall apply to what is not provided for in this Law.

The law addresses all matters relating to individuals’ personal liberty, determining that any judgement pronounced prior to conviction or any action taken against a person without fulfilment of conditions prescribed by law shall be invalid and any evidence obtained unlawfully shall be invalid.

The law regulates the provisions relating to criminal procedures, complaints and cases of resistance, the provisions for the filing of civil lawsuit before criminal courts, the functions of the supervisory officer and his status, duties and powers regarding each proceeding, as well as all matters relating to cases of flagrante delicto, arrest and inspection.

In articles 65 to 139, the Law regulates all matters relating to the procedures of investigation of Public Prosecutions and the powers of its members during such proceedings. It also tackles the matter of the courts’ jurisdiction, cases of conflict of jurisdiction, and the testimony of witnesses before the court. In addition to the matters of accused persons of mental impairment or psychiatric illness, in addition to the procedures to which the courts of misdemeanours and fines are competent, cases of the judge’s dismissal; and many other matters that the Criminal Procedures Law considers.

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