Criminal Appeals in Dubai
Statistics have shown that crimes are common in all nations, and because of this, everyone must familiarize themselves with the justice system they currently reside in. According to Statista, a look at homicide rates worldwide by region and gender shows that the Americas have a significantly higher rate than the global average. All across the world, men are much more likely to be the victim of homicide than women.
The criminal justice system in the United Arab Emirates is unique to other courts in the world. If you are wrongfully convicted of a crime or are facing any trial before the court, you can file an appeal within one year of your conviction or sentencing. Any person who has been sentenced by the UAE Courts can file his or her appeal before a Court of Cassation (Second Instance Court) where there is a possibility of getting their conviction/sentence overturned.
Brief background of Criminal Law in Dubai
The Procedures in Criminal cases in the UAE are laid down under Federal No. 35 of 1992, as amended. Under Article 7 of the Criminal Procedures Law, the public prosecution is charged with the exclusive authority to initiate and prosecute criminal proceedings until the final judgment is rendered.
In the UAE, the public prosecution is charged with the exclusive jurisdiction to initiate and prosecute criminal proceedings. The criminal courts would then take cognizance of the case.
Depositions are taken without the presence of a lawyer. The accused taken into custody is without the chance of bond. It is important to note that UAE does not have a jury system, and conviction is at the Judge’s hands in charge of the case.
Brief Discussion on the Justice system in Dubai
Sharia law is the foundation of the Criminal Justice System in the UAE, with fundamental roots from the Koran and Sunna.
The federation has sovereignty in all matters reserved to it based on the UAE’s legal system under the 1971 United Arab Emirates Constitution. Also, the UAE has an inquisitorial approach civil law system regularly taken by the bench.
On the other hand, in criminal cases, the common law standards such as “proof beyond reasonable doubt” are not given much credence.
Two systems govern the UAEs legal system: the Federal Judiciary is considered the highest judicial authority, and the local judicial departments, considered at the local government level.
It is important to note that the proceedings in court in the UAE operate in Arabic. However, the court may provide court interpreters should the need arise.
Judicial Courts in UAE
UAE’s court system is a system of hierarchy of courts. The three-level court systems are as follows:
- The Court of First Instance
- Court of Appeals
- Supreme Court
According to the provisions of Federal Law No. 11 of 1992 as amended, the Court of First Instance ruling may be challenged before the Court of Appeals and then the Court of Cassation.
General Overview of the Process in Filing of a Criminal Case in Dubai
Upon the instance of a commission of a crime, it is the victim who institutes a criminal action before the police station where the actual crime was committed. Once the police had finalized the statements and their tasks the complainant will be referred to the prosecution. Criminal prosecution is then commenced by the Federal or the local prosecution in each emirate.
Appeals in Criminal Cases
Once the Court of First instance sentences a guilty verdict, the convicted party may appeal to the appellate court according to the UAEs criminal procedural laws. In Dubai, it is only the convicted party who is allowed to appeal his conviction. The time limit for appeal is within 30 days from the time the court ruled its conviction. Failure to observe the prescribed period will extinguish or waive the right of appeal.
Why the need for a Criminal Appeal Lawyer?
It is of paramount importance to choose who should represent your case. Hence, we need a Criminal Appeal lawyer’s careful expertise because of every nation’s legal system’s uniqueness and complexities. Since UAEs Criminal Law leans in favor of Sharia Law, it requires adequate knowledge and interpretation by a law expert.
A criminal law appeal lawyer’s advice regarding an aggrieved party’s case would serve the purpose of the law.