What does the Public Prosecution do?
It has exclusive jurisdiction to institute and prosecute the criminal action (Article 9 of the Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law)) and conducts the investigation into felonies and misdemeanours (Article 65).
It can also assign a judicial police officer to perform investigation procedures, except for questioning the accused (Article 68).
What happens at the first questioning?
The Prosecutor writes down your identity details, informs you of the charge and records all your answers in the investigation report (Article 97).
Your attorney may attend with you and review the investigation papers, unless the Prosecutor decides otherwise in the interest of the investigation (Article 98). Even where contact with third parties is blocked, you keep the right to contact your attorney in private (Article 106).
What decisions can the prosecution make?
To dismiss the case, to refer it to the misdemeanour court or the criminal court, to keep you in custody, or to release you with or without bail.
Dismissal is covered by Article 118, referral of misdemeanours by Article 121, felonies by Article 122, and custody and release by Articles 103 to 111.
What can the defence do at this stage?
Attend the questioning, review the papers, put forward documents and witnesses, and apply for release.
The Prosecutor interviews witnesses requested by the parties unless they decide the statements are of no significance (Article 86). The defence should make its requests in writing and keep copies.
What should I do first?
Prepare with your lawyer before attending
Go through the documents and dates.
Bring your identity and relevant papers
Do not bring items you cannot explain.
Ask for your witnesses to be heard
Make the request in writing.
Do not leave without checking release status
Ask whether you are being kept in custody.
Call us on +971 50 653 1334 or message us on WhatsApp. We answer at any hour.
Frequently asked questions
Can my lawyer attend prosecution questioning?
Yes, unless the Prosecutor decides otherwise for the interest of the investigation (Article 98).
Will I be told the charge?
Yes. The Prosecutor informs you of the charge at your first appearance (Article 97).
Can the prosecution keep me in custody?
Yes, with detention orders after questioning (Article 107).
Can the prosecution close the case?
Yes, by dismissal under Article 118 or 119.
Related guides
Public Prosecution overview
The main points, the process and your first steps.
Read the overviewProsecution Summons
What a notice to appear from the Public Prosecution must contain, what happens if you ignore it, and the link to arrest warrants and travel bans.
Read the guideCourt Referral
How and when the Public Prosecution refers a case to court, what the referral decision contains and what happens to detention.
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.