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.

参与阿联酋刑事诉讼的主要参与者是受害者/原告、被告/被告、警察、检察官和法院。刑事审判通常在受害者在当地警察局对被告人提出投诉时开始。警察有责任调查被指控的罪行，而检察官则将被告告上法庭。

阿联酋法院系统包括三个主要法院：

原讼法庭: 新立案时，所有刑事案件均由本法院审理。法院由一名法官组成，他负责审理案件并作出判决。然而，三名法官在重罪审判中审理和裁决案件（处罚严厉）。现阶段不允许陪审团审判。
上诉法庭: 原讼法庭作出判决后，任何一方均可向上诉法庭提出上诉。请注意，本法院不会重新审理此事。它只需要确定下级法院的判决是否有错误。
上诉法院: 任何人对上诉法院的判决不服，可以进一步上诉到最高上诉法院。本法庭的决定为最终决定。

如果被判有罪，请了解阿联酋的刑事上诉程序是必不可少的。经验丰富的刑事上诉律师可以帮助确定对判决或刑罚提出上诉的理由。

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

主要规定

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).

关键方面：

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).

关键方面：

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.

阿联酋刑法中的罪行和犯罪分类

在提起刑事诉讼之前，了解阿联酋法律规定的犯罪类型和犯罪行为至关重要。有三种主要的犯罪类型及其处罚：

违规（违规）： 这是阿联酋罪行中最不严厉的类别或轻微罪行。它们包括任何导致不超过 10 天监禁或最高 1,000 迪拉姆罚款的处罚或处罚的作为或不作为。
轻罪: 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 迪亚特，伊斯兰支付的“血钱”。
重罪：根据阿联酋法律，这些是最严厉的罪行，最高可判处无期徒刑、死刑或 迪亚特.

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.

可以报告哪些类型的犯罪？

以下罪行可以向阿联酋警方报案：

Δολοφονία
杀人
强奸
性侵犯
窃案
盗窃
侵占
交通相关案例
伪造品
假冒
毒品犯罪
任何其他违法的犯罪或活动

对于与安全或骚扰有关的事件，可以通过其安缦服务电话 8002626 或通过短信 8002828 直接联系警方。此外，个人可以通过阿布扎比警方网站或在迪拜刑事调查局 (CID) 的任何分支机构。

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.

如果找不到肇事者，是否可以追究刑事案件？

是的，即使无法找到肇事者，在某些情况下也可以追究刑事案件。假设受害者收集了记录他们如何受伤的证据，并且可以提供事件发生时间和地点的明确文件。在这种情况下，将有可能追究刑事案件。

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.

辩护律师在刑事案件中的作用是什么？

辩护律师负责在法庭上为罪犯辩护。他们可能会质疑检察官提供的证据，并争辩说应该释放罪犯或减轻刑罚。

以下是刑事律师在刑事案件中的一些职责：

辩护律师可以在法庭听证会上代表犯罪人发言。
如果案件以定罪告终，律师将与被告一起确定适当的刑罚，并提出减轻刑罚的情节。
在与控方协商辩诉交易时，辩护律师可以提出减刑建议。
辩护律师负责在量刑听证会上代表被告。

法医证据在刑事案件中的作用是什么？

在刑事案件中，法医证据通常用于确定事件的事实。这可以包括 DNA 证据、指纹、弹道学证据和其他类型的科学证据。

警察在刑事案件中的作用是什么？

接到投诉后，警方会将其转介相关部门（法医科、电子犯罪科等）进行审查。

警方随后会将投诉提交公诉机关，由公诉人根据阿联酋《刑法典》进行审查。

警方亦会调查投诉并收集证据支持此案。他们也可能逮捕和拘留罪犯。

检察官在刑事案件中的作用是什么？

当投诉提交公诉时，将指派一名检察官对其进行审查。然后，检察官将决定是否起诉此案。如果没有足够的证据支持，他们也可以选择撤销案件。

检察官还将与警方合作调查投诉并收集证据。他们也可能逮捕和拘留罪犯。

被害人律师在刑事案件中的作用是什么？

在某些情况下，犯罪者可能会被定罪并被勒令向受害者支付赔偿金。受害人的律师将在量刑期间或之后与法院合作，收集证据以确定罪犯是否有经济能力赔偿受害人。

受害人的律师也可以代表他们对犯罪者提起民事诉讼。

如果您被指控犯罪，请务必寻求刑事律师的服务。他们将能够就您的权利向您提供建议并在法庭上代表您。

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.

如果受害者在另一个国家怎么办？

如果受害者不在阿联酋，他们仍然可以提供证据来支持刑事案件。这可以通过视频会议、在线证词和其他证据收集方法来完成。

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.

迪拜

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
电邮
Website/app live chat

阿布扎比

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.

一般提示

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.

无论您是在阿拉伯联合酋长国被调查、逮捕还是被指控犯有刑事罪行，都必须有一位了解该国法律的律师。您的合法 咨询我们 将帮助我们了解您的情况和疑虑。 联系我们安排会议。现在打电话给我们 紧急预约和会议电话 +971506531334 +971558018669