The United Arab Emirates has established a comprehensive penal code that serves as the foundation for its criminal law. This legal framework plays a crucial role in maintaining law and order within the country while reflecting the cultural values and traditions of the UAE society. An understanding of the UAE’s penal code is essential for residents, visitors, and businesses operating in the nation to ensure compliance and avoid legal consequences. This article aims to provide a comprehensive guide to the criminal law of the UAE, exploring the key aspects and provisions outlined in the penal code.

What is The Main Criminal Law Governing The UAE?

The UAE Penal Code, officially known as the Federal Law No. 3 of 1987 on Issuance of the Penal Code, recently updated in 2022 with Federal Law No. 31 of 2021, is based on a combination of Sharia (Islamic law) principles and contemporary legal practices. In addition to Islamic principles, the criminal process in Dubai draws regulation from the Criminal Procedures Law No 35 of 1991. This law directs the filing of criminal complaints, criminal investigations, trial processes, judgments, and appeals.

BAA jinoiy protsessida ishtirok etuvchi asosiy ishtirokchilar jabrlanuvchi/shikoyatchi, ayblanuvchi/ayblanuvchi, politsiya, prokuror va sudlardir. Jinoiy sud jarayonlari odatda jabrlanuvchi mahalliy politsiya bo'limiga ayblanuvchi ustidan shikoyat qilganda boshlanadi. Politsiya da'vo qilingan jinoyatlarni tekshirishga majburdir, prokuror esa ayblanuvchini sudga topshiradi.

BAA sud tizimi uchta asosiy sudni o'z ichiga oladi:

Birinchi instansiya sudi: Yangi ochilganda, barcha jinoiy ishlar ushbu sudga tushadi. Sud ishni ko'rib chiqadigan va hukm chiqaradigan yagona sudyadan iborat. Biroq, uchta sudya ishni og'ir jinoyatlar bo'yicha sud muhokamasida ko'rib chiqadi va aniqlaydi (bu qattiq jazolarni nazarda tutadi). Ushbu bosqichda hakamlar hay'atining sudloviga ruxsat berilmaydi.
Apellyatsiya sudi: Birinchi instantsiya sudi o'z qarorini e'lon qilgandan so'ng, tomonlardan biri apellyatsiya sudiga shikoyat qilishi mumkin. E'tibor bering, ushbu sud ishni boshqa ko'rib chiqmaydi. U faqat quyi sud qarorida xatolik borligini aniqlashi kerak.
Kassatsiya sudi: Apellyatsiya sudi qaroridan norozi bo'lgan har qanday shaxs qo'shimcha ravishda kassatsiya sudiga shikoyat qilishi mumkin. Ushbu sud qarori yakuniy hisoblanadi.

Agar jinoyat sodir etganlikda ayblansa, tushunish BAAda jinoiy apellyatsiya jarayoni muhim hisoblanadi. Jinoiy ish bo'yicha tajribali advokat hukm yoki hukm ustidan shikoyat qilish uchun asoslarni aniqlashga yordam beradi.

What are the key principles and provisions of the UAE’s Penal Code?

The UAE Penal Code (Federal Law No. 3 of 1987) is based on a combination of Sharia (Islamic law) principles and contemporary legal concepts. It aims to maintain law and order while preserving the cultural and religious values of the UAE society, as per the general principles outlined in Article 1.

Principles Derived from Sharia Law

Prohibitions on activities like gambling, alcohol consumption, illicit sexual relations
Hudud crimes like theft and adultery have Sharia-prescribed punishments e.g. amputation, stoning
Retributive “eye for an eye” justice for crimes like murder and bodily harm

Contemporary Legal Principles

Codification and standardization of laws across emirates
Clearly defined crimes, penalties, statutory limitations
Due process, presumption of innocence, right to counsel

Asosiy qoidalar

Crimes against state security – treason, terrorism, etc.
Crimes against individuals – murder, assault, defamation, honor crimes
Financial crimes – fraud, breach of trust, counterfeiting, money laundering
Cybercrimes – hacking, online fraud, illegal content
Public safety, moral crimes, prohibited activities

The Penal Code blends Sharia and contemporary principles, though some provisions face human rights criticism. Consulting local legal experts is recommended.

Criminal Law vs Criminal Procedure Law in the UAE

Criminal Law defines the substantive rules that establish what constitutes a crime and prescribe the punishment or penalty to be imposed for proven offenses. It is covered under the UAE Penal Code (Federal Law No. 3 of 1987).

Asosiy jihatlar:

Categories and classifications of crimes
Elements that must be proven for an act to qualify as a crime
The punishment or sentence corresponding to each crime

For example, the Penal Code defines murder as a criminal offense and specifies the punishment for someone convicted of murder.

Criminal Procedure Law, on the other hand, establishes the procedural rules and processes for enforcing the substantive criminal laws. It is outlined in the UAE Criminal Procedure Law (Federal Law No. 35 of 1992).

Asosiy jihatlar:

Powers and limitations of law enforcement in investigations
Procedures for arrest, detention, and charging an accused
Rights and protections afforded to the accused
Conducting trials and court proceedings
The appeals process after a judgment

For instance, it lays down rules for collecting evidence, the process of charging someone, conducting a fair trial, and the appeals mechanism.

While criminal law defines what a crime is, criminal procedure law ensures those substantive laws are implemented properly through an established judicial process, from investigation to prosecution and trials.

The former outlines legal consequences, the latter enables enforcement of those laws.

BAA jinoiy huquqidagi jinoyatlar va jinoyatlarning tasnifi

Jinoiy ariza berishdan oldin BAA qonunchiligidagi jinoyatlar va jinoyatlar turlarini o'rganish kerak. Huquqbuzarliklarning uchta asosiy turi va ularning jazolari mavjud:

Qoidabuzarliklar (buzilishlar): Bu BAA jinoyatlarining eng og'ir toifasi yoki kichik jinoyatidir. Ularga 10 kundan ortiq bo'lmagan qamoq yoki 1,000 dirham jarima soladigan har qanday harakat yoki harakatsizlik kiradi.
Yomonliklar: A misdemeanor is punishable with confinement, a fine of 1,000 to 10,000 dirhams at most, or deportation. The offence or penalty may also attract Diyot, "qon puli" ning islomiy to'lovi.
Jinoyatlar: Bu BAA qonunchiligidagi eng og'ir jinoyatlar bo'lib, ular umrbod qamoq, o'lim yoki maksimal jazo bilan jazolanadi. Diyot.

How Are Criminal Laws Enforced in The UAE?

Criminal laws in the UAE are enforced through the combined efforts of law enforcement agencies, the public prosecution, and the judicial system, as outlined in the UAE Criminal Procedure Law. The process typically begins with an investigation conducted by police authorities upon receiving information about a potential crime. They have the power to summon individuals, collect evidence, make arrests, and refer cases to the public prosecution.

The public prosecution then reviews the evidence and decides whether to press formal charges or dismiss the case. If charges are filed, the case proceeds to trial in the relevant court – the Court of First Instance for felonies and misdemeanors, and the Court of Misdemeanors for lesser offenses. Trials are overseen by judges who evaluate the evidence and testimonies presented by the prosecution and defense.

After the court issues a judgment, both the convicted person and the prosecution reserve the right to appeal to higher courts like the Court of Appeal and then the Court of Cassation. The enforcement of final verdicts and sentences is carried out through the police, public prosecution, and the prison system in the UAE.

What is The Process For Reporting A Crime in The UAE?

When a crime occurs in the UAE, the first step is to file a complaint with the police at the nearest station, preferably close to where the incident took place. This can be done either orally or in writing, but the complaint must clearly detail the events that constitute the alleged criminal offense.

The police will have the complainant provide their statement, which is recorded in Arabic and must be signed. Additionally, UAE law allows complainants to call witnesses who can corroborate their account and lend credibility to the allegations. Having witnesses provide supplementary context can greatly aid the subsequent criminal investigation.

Once a complaint is filed, the relevant authorities commence an investigation to verify the claims and attempt to identify and locate potential suspects. Depending on the nature of the crime, this could involve legal officers from the police, immigration officials, coast guards, municipality inspectors, border patrol, and other law enforcement agencies.

A key part of the investigation is interrogating any identified suspects and taking their statements. The suspects also have the right to present their own witnesses to support their version of events. Authorities collect and analyze all available evidence such as documents, photos/videos, forensics, and witness testimony.

If the investigation finds sufficient evidence of a criminal act, the public prosecutor then decides whether to press formal charges. If charges are filed, the case proceeds to the UAE courts as per the Criminal Procedure Law.

At this stage, those looking to pursue a criminal case against another party should take certain steps in addition to the police complaint:

Obtain a medical report documenting any injuries
Gather other evidence like insurance records and witness statements
Consult an experienced criminal defense lawyer

If the prosecutor moves forward with charges, the complainant may need to file a civil lawsuit to have the criminal case heard in court.

Qaysi turdagi jinoyatlar haqida xabar berish mumkin?

BAA politsiyasiga quyidagi jinoyatlar haqida xabar berilishi mumkin:

Qotillik
Qotillik
Tortish
Jinsiy hujum
O'g'rilik
o'g'irlik
O'g'irlik
Yo'l harakati bilan bog'liq holatlar
Kechirish
Qalbaki qalbakilashtirish
Giyohvand moddalar bilan bog'liq jinoyatlar
Qonunni buzadigan boshqa har qanday jinoyat yoki faoliyat

Xavfsizlik yoki ta'qib bilan bog'liq hodisalar uchun politsiyaga to'g'ridan-to'g'ri Aman xizmati orqali 8002626 raqamiga yoki 8002828 raqamiga SMS orqali murojaat qilish mumkin. Bundan tashqari, shaxslar jinoyatlar haqida onlayn xabar berishlari mumkin. Abu-Dabi politsiyasi sayti yoki Dubaydagi Jinoyat qidiruv departamentining (CID) istalgan filialida.

What Are The Procedures For Criminal Investigations And Trials in The UAE?

Criminal investigations in the UAE are governed by the Criminal Procedure Law and overseen by the public prosecution. When a crime is reported, the police and other law enforcement agencies conduct an initial investigation to gather evidence. This can involve:

Questioning suspects, victims, and witnesses
Collecting physical evidence, documents, recordings etc.
Conducting searches, seizures, and forensic analysis
Working with experts and consultants as needed

The findings are presented to the public prosecution, who reviews the evidence and decides whether to press charges or dismiss the case. The Public Prosecutor will invite and separately interview the complainant and suspect to ascertain their stories. At this stage, either party may produce witnesses to verify their account and help the Public Prosecutor determine if a charge is necessary. Statements at this stage are also made or translated into Arabic and signed by both parties. If charges are filed, the prosecution prepares the case for trial.

Criminal trials in the UAE take place in the courts under the purview of judges. The process typically involves:

The charges being read out by the prosecution
The defendant entering a plea of guilty or not guilty
The prosecution and defense presenting their evidence and arguments
Examination of witnesses from both sides
Closing statements from prosecution and defense

The judge(s) then deliberate in private and issue a reasoned judgment – acquitting the defendant if not convinced of guilt beyond reasonable doubt or issuing a conviction and sentence if they find the defendant guilty based on the evidence.

Both the convicted person and prosecution have the right to appeal to higher courts against the judgment or sentence. The appeals courts review the case records and may uphold or overturn the lower court’s decision.

Throughout the process, certain rights such as presumption of innocence, access to legal counsel, and standards of evidence and proof must be upheld as per UAE law. Criminal courts handle cases ranging from minor offenses to serious crimes like financial fraud, cybercrimes, and violence.

Jinoyatchi topilmasa, jinoiy ish qo'zg'atish mumkinmi?

Ha, jinoyatchini topib bo'lmasa ham, ayrim hollarda jinoiy ish qo'zg'atish mumkin. Aytaylik, jabrlanuvchi qanday jarohat olganini tasdiqlovchi dalillarni to'pladi va voqea qachon va qaerda sodir bo'lganligi haqida aniq hujjatlarni taqdim eta oladi. Bunday holda, jinoiy ish qo'zg'atish mumkin bo'ladi.

What Are The Legal Rights Of Victims Under UAE’s Criminal Law?

The UAE takes measures to protect and uphold the rights of crime victims during the legal process. Key rights afforded to victims under the UAE Criminal Procedure Law and other regulations include:

Right to File a Criminal Complaint Victims have the right to report crimes and initiate legal proceedings against perpetrators
Rights During Investigation

Right to have complaints promptly and thoroughly investigated
Right to provide evidence and witness testimony
Right to participate in certain investigative measures

Rights During Trial

Right to access legal counsel and representation
Right to attend court hearings unless excluded for reasons
Right to review/comment on evidence submitted

Right to Seek Damages/Compensation

Right to claim compensation from perpetrators for damages, injuries, medical expenses and other quantifiable losses
Victims can also seek reimbursement for travel and other expenses but not for wages/income lost due to time spent attending court proceedings

Rights Related to Privacy, Safety and Support

Right to have identities protected and kept confidential if required
Right to protection measures for victims of crimes like human trafficking, violence etc.
Access to victim support services, shelters, counseling and financial aid funds

The UAE has established mechanisms for victims to claim damages and compensation through civil lawsuits against perpetrators. Additionally, victims have the right to legal assistance and can appoint lawyers or have legal aid assigned. Support entities also provide free advice and counsel.

Overall, UAE laws aim to safeguard victims’ rights to privacy, prevent re-victimization, ensure safety, enable compensation claims, and provide rehabilitation services during the criminal justice process.

Jinoiy ishlarda himoyachining roli qanday?

Himoyachi sudda huquqbuzarni himoya qilish uchun javobgardir. Ular prokuror tomonidan taqdim etilgan dalillarga e'tiroz bildirishlari va jinoyatchini ozod qilish yoki engillashtirilgan jazo tayinlash kerakligini ta'kidlashlari mumkin.

Jinoyat ishlari bo'yicha advokat o'ynaydigan ba'zi vazifalar:

Himoyachi sud majlislarida huquqbuzarning nomidan so'zga chiqishi mumkin.
Agar ish ayblov hukmi bilan yakunlansa, advokat sudlanuvchi bilan tegishli hukmni aniqlash va jazoni qisqartirish uchun engillashtiruvchi holatlarni ko'rsatish uchun ishlaydi.
Ayblov tomoni bilan ayblovni tan olish to‘g‘risida muzokaralar olib borilayotganda advokat jazoni qisqartirish to‘g‘risida tavsiyanoma berishi mumkin.
Himoyachi sudlanuvchini hukm chiqarishda himoya qilish uchun javobgardir.

Jinoyat ishlarida sud-tibbiyot dalillarining roli qanday?

Sud-tibbiyot dalillari ko'pincha jinoyat ishlarida voqea faktlarini aniqlash uchun qo'llaniladi. Bunga DNK dalillari, barmoq izlari, ballistik dalillar va boshqa turdagi ilmiy dalillar kiradi.

Jinoiy ishlarda politsiyaning roli qanday?

Shikoyat kelib tushganda, militsiya uni ko'rib chiqish uchun tegishli bo'limlarga (sud-tibbiyot bo'limi, elektron jinoyatlar bo'limi va boshqalar) yuboradi.

Keyin politsiya shikoyatni davlat prokuraturasiga yuboradi, u erda prokuror BAA Jinoyat kodeksiga muvofiq uni ko'rib chiqish uchun tayinlanadi.

Politsiya ham shikoyatni tekshiradi va ishni tasdiqlovchi dalillarni to'playdi. Shuningdek, ular jinoyatchini hibsga olishlari va qamoqqa olishlari mumkin.

Jinoyat ishlarida prokurorning roli qanday?

Shikoyat prokuraturaga yuborilganda uni ko'rib chiqish prokurorga topshiriladi. Shundan so‘ng prokuror ishni jinoiy javobgarlikka tortish yoki qo‘zg‘atmaslik to‘g‘risida qaror qabul qiladi. Ular, shuningdek, agar buni tasdiqlovchi dalillar etarli bo'lmasa, ishni to'xtatishni tanlashlari mumkin.

Prokuror, shuningdek, shikoyatni tekshirish va dalillarni to'plash uchun politsiya bilan hamkorlik qiladi. Shuningdek, ular jinoyatchini hibsga olishlari va qamoqqa olishlari mumkin.

Jinoyat ishlarida jabrlanuvchining advokatining roli qanday?

Jinoyatchi sudlangan deb topilishi va ba'zi hollarda jabrlanuvchiga tovon to'lashi mumkin. Jabrlanuvchining advokati hukm chiqarish vaqtida yoki undan keyin jinoyatchining jabrlanuvchiga tovon to‘lash uchun moliyaviy imkoniyatlari bor-yo‘qligini aniqlash uchun dalillar to‘plash uchun sud bilan hamkorlik qiladi.

Jabrlanuvchining advokati huquqbuzarlarga nisbatan fuqarolik da'volarida ham ularni himoya qilishi mumkin.

Agar sizni jinoyat sodir etishda ayblashsa, jinoiy advokat xizmatiga murojaat qilish juda muhimdir. Ular sizning huquqlaringiz bo'yicha maslahat berishlari va sudda sizni himoya qilishlari mumkin.

How Does The UAE’s Criminal law Handle Cases Involving Foreigners Or Visitors?

The United Arab Emirates enforces its comprehensive legal system equally on citizens and non-citizens for any criminal offenses committed within its borders. Foreign nationals, expatriate residents, and visitors are all subject to the UAE’s criminal laws and judicial processes without exception.

If accused of a crime in the UAE, foreigners will go through arrest, charges, and prosecution via the local courts where the alleged offense occurred. Proceedings are in Arabic, with translation provided if needed. The same standards of evidence, legal representation provisions, and sentencing guidelines apply regardless of one’s nationality or residency status.

It’s crucial for foreigners to understand that actions acceptable elsewhere may constitute crimes in the UAE due to differences in laws and cultural norms. Ignorance of the law does not excuse criminal behavior.

Embassies may offer consular assistance, but the UAE maintains full authority over prosecution of foreign defendants. Respecting local laws is a must for visitors and residents alike.

Moreover, foreigners should note that they may face detention during investigations, with pre-trial procedures and rights to understand. Court cases can also experience lengthy delays impacting one’s stay. Uniquely, double jeopardy principles from other nations may not apply – the UAE could retry someone for an offense they faced prosecution for elsewhere previously.

Agar jabrlanuvchi boshqa davlatda bo'lsa-chi?

Agar jabrlanuvchi BAAda bo'lmasa, ular jinoiy ishni qo'llab-quvvatlash uchun dalillarni taqdim etishlari mumkin. Buni videokonferentsiya, onlayn depozitlar va boshqa dalillar to'plash usullari yordamida amalga oshirish mumkin.

How Can One Check The Status Of A Criminal Case Or Police Complaint in The UAE?

The method for tracking the progress of a criminal matter or police complaint filed in the United Arab Emirates varies based on the emirate where the case originated. The two most populous emirates, Dubai and Abu Dhabi, have distinct approaches.

Dubay

In Dubai, residents can utilize an online portal created by the Dubai Police force that allows case status checks by simply entering the reference number. However, if this digital service is inaccessible, alternative contact options like:

The police call center
Email
Website/app live chat

Abu Dabi

On the other hand, Abu Dhabi takes a different route by offering a dedicated case tracking service through the Abu Dhabi Judicial Department’s website. To use this, one must first register for an account using their Emirates ID number and date of birth before gaining access to view case details online.

Umumiy tavsiyalar

No matter which emirate is involved, retaining the specific case reference number is vital for any online inquiry about its status and progress.

If the digital options are unavailable or experiencing technical difficulties, directly contacting either the original police station where the complaint was filed or the judicial authorities overseeing the case can provide the necessary updates.

It’s important to note that while these online tracking services aim to increase transparency, they are still evolving systems that may encounter limitations periodically. Traditional channels of communication with law enforcement and the courts remain reliable alternatives.

How Does the UAE’s Criminal Law Handle Arbitration or Alternative Dispute Resolution?

The UAE criminal law system primarily deals with prosecution of criminal offenses through the court system. However, it does allow for arbitration and alternative dispute resolution methods in certain cases before formal charges are brought.

For minor criminal complaints, police authorities may first attempt to resolve the matter through mediation between the parties involved. If a settlement is reached, the case can be closed without proceeding to trial. This is commonly used for issues like bounced cheques, minor assaults, or other misdemeanors.

Binding arbitration is also recognized for certain civil matters that have criminal implications, such as labor disputes or commercial conflicts. An appointed arbitration panel can render a decision that is legally enforceable. But for more serious criminal allegations, the case will go through the standard prosecution channels in the UAE courts.

Why Do You Need A Local Specialized And Experienced Criminal Lawyer

Facing criminal charges in the United Arab Emirates demands specialist legal expertise that only a local, seasoned criminal lawyer can provide. The UAE’s unique legal system, blending civil and Sharia laws, requires in-depth knowledge that comes from years of experience working within its judicial processes. A lawyer based in the Emirates understands the nuances that international practitioners may overlook.

More than just comprehending the laws, a local criminal lawyer serves as an invaluable guide for navigating the UAE’s courts. They are well-versed in the protocols, procedures and dynamics of the justice system. Their linguistic proficiency in Arabic ensures accurate translation of documents and clear communication during hearings. Aspects like these can be critical advantages.

Additionally, UAE lawyers with established careers often possess connections, reputation and a deep cultural understanding – assets that can benefit a client’s case strategy. They grasp how the society’s customs and values interplay with the laws. This context informs how they construct legal defenses and negotiate for favorable resolutions with authorities.

From managing different criminal charges to handling evidence properly, a specialized local criminal lawyer has honed tactics specific to the UAE Courts. Their strategic representation draws from direct experience uniquely relevant to your situation. While all legal counsel is important when accused, having an advocate deeply ensconced in UAE criminal law can make a pivotal difference.

Siz Birlashgan Arab Amirliklarida tergov qilinganmisiz, hibsga olingansizmi yoki jinoiy jinoyatda ayblanganmisiz, mamlakat qonunlarini tushunadigan advokatga ega bo'lishingiz juda muhimdir. Sizning qonuniy biz bilan maslahatlashuv vaziyat va tashvishlaringizni tushunishga yordam beradi. Uchrashuvni rejalashtirish uchun biz bilan bog'laning. Bizga hozir qo'ng'iroq qiling Shoshilinch qabul va uchrashuv +971506531334 +971558018669