Who can appeal to the Court of Appeal?
The defendant and the Public Prosecution can each appeal the judgments on the criminal action given by the courts of first instance (Article 230 of the Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law)).
A death sentence is deemed appealed by operation of law and its execution is stayed.
Does an appeal stop the sentence?
Not automatically. Appealing a judgment does not stay its execution unless the Court of Appeal decides otherwise on conditions it considers appropriate (Article 230(2)).
If the appellant is released on bail, the court may release them on an undertaking or other security until the appeal is decided (Article 234(3)).
What can the court decide?
If the Public Prosecution appeals, the court may affirm, set aside or amend the judgment in favour of or against the defendant, but an acquittal may only be set aside by unanimity (Article 241(1)).
If someone other than the Public Prosecution appeals, the court may only affirm, set aside or amend the judgment in favour of the appellant (Article 241(2)). That protects a defendant who appeals alone from a harsher sentence.
What must I do before the hearing?
A defendant sentenced to a custodial sentence must surrender for enforcement before the scheduled appeal hearing, or the appeal lapses (Article 238).
At the hearing the court hears the appellant's grounds, then the other litigants, and the defendant speaks last (Article 237).
What should I do first?
Check whether the prosecution also appealed
It changes the risk.
Prepare written grounds
Law, procedure and evidence.
Plan surrender if jailed
Article 238 makes it a condition.
Prepare for the appeal hearing
The defendant speaks last.
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Frequently asked questions
Can the Court of Appeal increase my sentence?
Only if the Public Prosecution also appeals (Article 241).
Does appeal suspend the sentence?
Not unless the court decides so (Article 230(2)).
Is a death sentence automatically reviewed?
It is deemed appealed by operation of law (Article 230(3)).
What if I am in prison?
You must surrender before the hearing or the appeal lapses (Article 238).
Related guides
Criminal Courts overview
The main points, the process and your first steps.
Read the overviewAppeal a Conviction
How an appeal is filed, what happens if you are in prison, and how an appeal differs from cassation.
Read the guideCriminal Cassation
What cassation is, the grounds on which a final appeal judgment can be challenged and the deadline and formalities.
Read the guideSources
Source: Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 28 September 2023. The Arabic text prevails over translations.
This page is general information, not legal advice.