Bail in Dubai:
Getting Released Upon Being Arrested
Bail in Dubai, UAE
What is Bail?
Bail is a legal procedure of granting an accused person in a criminal case a temporary release by depositing cash, bond, or passport guarantee until completion of an investigation or when the court takes a decision on the case. The UAE bail procedure is not that different from what is obtainable in other countries all over the world.
Getting out of jail on bail can be easy
local laws of the UAE
Guide On Getting Released On Bail Upon Being Arrested In The UAE
When a person first lands in jail, their first thought is to get out as soon as possible. The usual way to actualize this is to post bail. When this is done, the arrested person is allowed to go, but with a condition to appear in the court when ordered to. In this article, you’ll discover the legal procedure required for getting released on bail in the UAE.
Bail procedure if arrested as per UAE Law
Article 111 of the UAE Criminal Procedures Law governs the legal procedure for granting bail. According to it, a bail option applies mainly to minor crime cases, misdemeanors, which include bounced cheque and other cases. But with regards to more serious crimes like murder, theft, or robbery, which come with a life sentence or a death penalty, bail is not applicable.
Once an accused person has been arrested by police in UAE and before the case is transferred to the court, the person or his/her lawyer, or a relative may submit a petition for release on bail to the Public Prosecution. The Public Prosecution is charged with making all the bail decisions throughout the investigation.
A Guarantor's Passport can be submitted
A bail mandates the appearance of the accused to further court proceedings and ensure they don’t try to run away from the country. And to guarantee this, the accused person’s passport is retained, or that of his family members, or guarantor. Financial bail can also be deposited under Article 122 of the Criminal Law.. This can be done with or without a passport but is based on the decision of the Prosecutor or Judge. However, it is the discretion of the UAE Court to either grant or decline. Usually, the court grants bail but we need accurate and complete information to advise you appropriately.
A guarantor is some-one who guarantees (is fully responsible) the conduct of the accused upon releasing him from the jail. Guarantor must be aware and careful about keeping his passport. The bail bond is an executive deed signed by the guarantor making him responsible for the actions of the defendant, upon his failure to attend the court proceedings.
Have a specialist lawyers for obtaining bail
Depending upon the nature and gravity of the case, we can make a bail request in Dubai, the bail applications are entertained by the courts. We are specialist lawyers for obtaining bail to our accused clients according to the criminal procedures law and get you out of jail.
Bail can be granted by:
- Police, prior to transferring the case to the Public Prosecution;
- Public Prosecution, prior to transferring the case to the court;
- Court, prior to issuing a judgement.
Passport Requirements to qualify for submission as a bail guarantee:
- The passport must be valid.
- Visa must be valid.
This means a person who has overstayed his visa cannot submit his Passport as a bail guarantee. Once an accused has obtained bail release, he will be given a so-called “Qafala,” which is a bail document that covers the conditional bail provisions.
When the case is eventually dismissed or closed, be it in the investigation process or after it has been transferred to the court, the financial guarantee deposited as bail shall be returned in full and the guarantor released from any signed undertaking.
Bail Can be Revoked
Article 115 of the Criminal Procedures Law provides for cancellation of bail even after it has been approved or executed, based on the following reasons:
If bail provisions have been breached by the accused, for example, not attending investigation or appointment meetings as stipulated by the Public Prosecution.
If new circumstances in the case arise that necessitates taking such measures, for example, if an accused re-qualifies for the crime, bail release is disabled.
Getting out of jail on bail can be easy if you enlist the help of a knowledgeable and experienced criminal defence lawyer who is familiar with the local laws of the UAE. This kind of lawyer can always provide advice on applicable laws and legal representation to help secure a release.
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