How to defend An Extradition Request for a Criminal Case in UAE
Extradition Requests in the UAE
What is Extradition?
Extradition is defined as the formal process through which one State (the requesting State or the country) requests another State (the requested State) to hand over a person accused of a criminal case or crime in the requesting State for criminal trial or conviction. It is the process by which a fugitive is handed over from one jurisdiction to another. Typically, the person resides or has taken refuge in the requested State but is being accused of criminal offenses committed in the requesting State and punishable by the same State’s laws.
What is the extradition process?
Fraud and breach of trust are criminal offenses in the UAE under Federal Law No. 3 of 1987 and its amendments (the Penal Code). According to article 404 of the Penal Code, breach of trust law involves offenses of embezzlement of movable property, including money.
Generally, breach of trust involves a situation where a person put in a position of trust and responsibility takes advantage of their position to embezzle their principal’s property. In a business setting, the perpetrator is usually an employee, a business partner, or a supplier/vendor, while the victim (the principal) is usually a business owner, an employer, or a business partner.
UAE’s federal laws allow anyone, including employers and joint-venture partners who are victims of embezzlement by their employees or business partners, to sue the offenders in a criminal case. Additionally, the law allows them to recover compensation from the guilty party by instituting proceedings in a civil court.
What crimes can you be extradited for in the UAE?
Some crimes which may be subject to extradition from UAE includes more serious crimes, murder, kidnapping, drug trafficking, terrorism, burglary, rape, sexual assault, financial crimes, fraud, embezzlement, breach of trust, bribery, money laundering, arson, or espionage.
Extradition in the UAE: Conditions for Extradition & Extradition Law in UAE
In the United Arab Emirates, extradition law is governed under Federal Law no. 39 of 2006. The law requires UAE authorities to fulfill an extradition request regardless of the type of crime. However, the extradition request must adhere to formal procedures. The UAE is also a signatory to U.N Conventions on extraditions among various international and multilateral treaties, including the Riyadh Arab Convention on Judicial Co-operation.
The UAE has also entered into bilateral treaties with different countries, including China, France, Australia, India, the United Kingdom, Spain, Iran, among other countries. Despite these international conventions and treaties, the UAE judicial system allows a person requested for extradition to contest the extradition process.
Essentially, extradition requests are legal and not political orders hence must follow a due legal process as outlined in UAE federal laws. The extradition process involves several government institutions or departments, including the Ministries of Justice and Interior, the Court of Appeal, the Cassation Court, the international judicial matters public prosecutor, and UAE local Interpol authorities.
Some provisions of UAE federal law that govern extradition also include legal obstacles that make it hard to extradite people. Accordingly, you can use some of these provisions as legal defenses when fighting an extradition request for a criminal case and can be grounds for refusal by the UAE to extradite.
Possible Legal Defenses against an Extradition Request in the UAE
- Judicial or Legal Conflict. In some cases, there exist contradictions between the requesting jurisdiction laws or extradition procedures and those of the UAE. You or your lawyer can use such differences, including with countries that have not signed an extradition treaty with the UAE, to challenge an extradition request.
- Lack of Dual-Criminality. According to the principle of dual criminality, a person can only be extradited if the offense they are accused of committing qualifies as a crime in both the requesting and the requested State. You have the grounds to challenge an extradition request where the alleged offense or violation is not considered a crime in the UAE.
- Non-discrimination. A requested State is under no obligation to extradite a person if they have reasons to believe that the requesting country will discriminate against the person based on nationality, gender, race, ethnic origin, religion, or even their political stand. You can use possible persecution to challenge an extradition request.
- Protection of Nationals. Despite international laws, a country can reject an extradition request to protect its citizens or individuals holding dual nationality. However, the requested State may still prosecute the individual under its laws even while protecting them from extradition.
- Political Differences. Different countries may differ politically, and extradition requests may be viewed as political interference, hence the rejection of these requests. Additionally, different States have different views on issues such as human rights, which makes it difficult to agree on extradition requests, especially those touching on the differing issues.
Challenge the extradition request
While it is possible to challenge an extradition request using some UAE federal law provisions and other common principles on extradition, you need the help of a skilled criminal defense attorney or a criminal lawyer in Dubai for a successful legal defense. The extradition process is complex and involves various legal principles and procedures. Accordingly, an attorney or a professional advocate in UAE will help you navigate the complex process while defending your rights, especially in cases of possible extradition.
Hire an Expert Interpol Lawyer in Dubai, UAE
If you are an individual or an organization and have been charged or accused of crimes, you may be extradited to face trial. Lawyers UAE is a leading law firm based in Dubai, providing extradition services, legal consultancy and representation for criminal cases including extradition in UAE. We represent individuals and corporations in criminal, civil, and commercial disputes.
We are one of the best Interpol law firms in Dubai providing legal consultancy and representation for criminal, business, family, real estate, and litigation matters. Get legal help with our specialized extradition Lawyer in the UAE. Get in touch with us today!
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