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.
參與阿聯酋刑事訴訟的主要參與者是受害者/原告、被告/被告、警察、檢察官和法院。 刑事審判通常在受害者在當地警察局對被告人提出投訴時開始。 警察有責任調查被指控的罪行，而檢察官則將被告告上法庭。
阿聯酋法院系統包括三個主要法院：
- 原訟法庭: 新立案時，所有刑事案件均由本法院審理。 法院由一名審理案件並作出判決的法官組成。 然而，三名法官在重罪審判中審理和裁決案件（會受到嚴厲的處罰）。 現階段不允許陪審團審判。
- 上訴法院: 原訟法庭作出判決後，任何一方均可向上訴法庭提出上訴。 請注意，本法庭不會重新審理此事。 它只需要確定下級法院的判決是否有錯誤。
- 上訴法院: 任何人對上訴法院的判決不服，可以進一步上訴到最高上訴法院。 本法庭的決定為最終決定。
如果被判有罪，請了解 阿聯酋的刑事上訴程序 是必不可少的。經驗豐富的刑事上訴律師可以幫助確定對判決或刑罰提出上訴的理由。
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
- 主要規定
- 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).
關鍵方面：
- 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).
關鍵方面：
- 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.
阿聯酋刑法中的罪行和犯罪分類
在提起刑事訴訟之前，必須了解阿聯酋法律規定的犯罪類型和犯罪行為。 有三種主要的犯罪類型及其處罰：
- 違規（違規）： 這是阿聯酋罪行中最不嚴厲的類別或輕微罪行。 它們包括任何導致不超過 10 天監禁或最高 1,000 迪拉姆罰款的處罰或處罰的作為或不作為。
- 輕罪: 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 迪亞特，伊斯蘭支付的“血錢”。
- 重罪：根據阿聯酋法律，這些是最嚴厲的罪行，最高可判處無期徒刑、死刑或 迪亞特.
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.
可以報告哪些類型的犯罪？
以下罪行可以向阿聯酋警方報案：
- 謀殺
- 殺人
- 強姦
- 性攻擊
- 入室盜竊
- 盜竊
- 挪用公款
- 交通相關案例
- 偽造品
- 仿冒品
- 毒品犯罪
- 任何其他違法的犯罪或活動
對於與安全或騷擾有關的事件，可以通過其安縵服務電話 8002626 或通過短信 8002828 直接聯繫警方。此外，個人可以通過 阿布扎比警方網站 或在迪拜刑事調查局 (CID) 的任何分支機構。
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，即使無法找到肇事者，在某些情況下也可以追究刑事案件。 假設受害者收集了記錄他們如何受傷的證據，並且可以提供事件發生時間和地點的明確文件。 在這種情況下，將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.
辯護律師在刑事案件中的作用是什麼？
辯護律師負責在法庭上為罪犯辯護。 他們可能會質疑檢察官提供的證據，並爭辯說應該釋放罪犯或減刑。
以下是刑事律師在刑事案件中的一些職責：
- 辯護律師可以在法庭聽證會上代表犯罪人發言。
- 如果案件以定罪告終，律師將與被告一起確定適當的刑罰，並提出減輕刑罰的情節。
- 在與控方協商辯訴交易時，辯護律師可以提出減刑建議。
- 辯護律師負責在量刑聽證會上代表被告。
法醫證據在刑事案件中的作用是什麼？
在刑事案件中，法醫證據通常用於確定事件的事實。 這可以包括 DNA 證據、指紋、彈道學證據和其他類型的科學證據。
警察在刑事案件中的作用是什麼？
接到投訴後，警方會將其轉介相關部門（法醫科、電子犯罪科等）進行審查。
警方隨後會將投訴提交公訴機關，由公訴人根據阿聯酋刑法進行審查。
警方亦會調查投訴並收集證據支持此案。 他們也可能逮捕和拘留罪犯。
檢察官在刑事案件中的作用是什麼？
當投訴提交公訴時，將指派一名檢察官對其進行審查。 然後，檢察官將決定是否起訴此案。 如果沒有足夠的證據支持，他們也可以選擇撤銷案件。
檢察官還將與警方合作調查投訴並收集證據。 他們也可能逮捕和拘留罪犯。
被害人律師在刑事案件中的作用是什麼？
在某些情況下，犯罪者可能會被定罪並被勒令向受害者支付賠償金。 受害人的律師將在量刑期間或之後與法院合作，收集證據以確定罪犯是否有經濟能力賠償受害人。
受害人的律師也可以代表他們對犯罪者提起民事訴訟。
如果您被指控犯罪，請務必尋求刑事律師的服務。 他們將能夠就您的權利向您提供建議並在法庭上代表您。
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.
如果受害者在另一個國家怎麼辦？
如果受害者不在阿聯酋，他們仍然可以提供證據來支持刑事案件。 這可以通過視頻會議、在線證詞和其他證據收集方法來完成。
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.
杜拜
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
- 電子郵件
- 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.
無論您是在阿拉伯聯合酋長國被調查、逮捕還是被指控犯有刑事罪行，都必須有一位了解該國法律的律師。 您的合法 諮詢我們 將幫助我們了解您的情況和疑慮。 聯繫我們安排會議。 現在打電話給我們 緊急預約和會議電話 +971506531334 +971558018669
