fighting in uae law

The criminal case also lapses with the death of the accused, issuance of a final judgement, withdrawal of legal action by the party which has the right to do so, issuance of an amnesty or repeal of the law which penalises such acts. The main provisions in respect of corruption are set out in Articles 234 to 239 of Federal Law No. In Dubai, a woman who engages in consensual extramarital relations and press false allegations of rape can be … 11. In September 2014, the Court of Appeal affirmed the lower court’s judgment. Thank you for your interest in working with Al Tamimi & Company. As per Article 7 of the Criminal Procedures Law, as amended, Public Prosecution has exclusive jurisdiction to initiate and prosecute criminal proceedings. During the investigation, police may take the statements of any parties involved. “Cruelty to animals is unacceptable in our country and is punishable by law. The judicial officer may order the arrest of the accused present at the scene of the incident with sufficient evidence of his perpetration of the crime under the circumstances mentioned in Article 45 of the law. There is a right of appeal from the Dubai Court of First Instance to the Dubai Court of Appeal There is also a right of appeal from the Dubai Court of Appeal to the Dubai Court of Cassation. Under UAE law, a criminal complaint can be made against an individual for libel and slander under Articles 371 to 380 of the UAE Penal Code (Federal Law No. Although the process may be very different to that found in other jurisdictions, many of the fundamentals will be the same, such as the right of the accused to present a defence and the right to appeal. However, if the complainant seeks the legal services of an attorney, then professional legal fees will need to be paid to the attorney. A contravention is any act or omission punishable under the laws or regulations, by one or both of the two following penalties: A misdemeanour is an offence that is punishable by one or more of the following penalties: Felonies are crimes punishable by one of the following penalties: Fines imposed by the criminal court are payable to the UAE government. CONCERNING THE REGULATION OF LABOUR RELATIONS . , as amended, Public Prosecution has exclusive jurisdiction to initiate and prosecute criminal proceedings. In this particular case Al Tamimi & Company successfully represented a company (the “Plaintiff”) in a case against one of its ex-employees (the “Accused” or the “Defendant”) for defaming the Plaintiff and its management through emails. In the United Arab Emirates, facilitation payments constitute criminal conduct on the part of both the briber and the recipient of the bribe under Articles 234, 235 and 237 of Federal Law 3/1987. The Emirates Center for Human Rights expressed concern over Dubai's criminalization of rape victims. 10 Once the police have taken the statements of all parties and finalized their task, the complaint will be referred to the public prosecution, a judicial authority empowered to refer cases to the criminal court in the event the responsible prosecutor assigned to review the case finds that a criminal offence has taken place under the UAE Penal Code (Federal Law No. 24/1981 dated 07/11/1981, and . 15/1985 dated 15/12/1985, and . My Tamimi App, a convenient new tool for anyone with an interest in the legal sector, from law students to General Counsel. Whoever comes to know about the occurrence of a crime that the public prosecution can file a criminal action against, without a complaint or a request, must report it to the public prosecution or judicial officers. Judicial officers from different government departments have the authority to inspect crimes and collect evidence. police officer) attending the scene of the incident. (505) of 2012 on Issuing the Regulation of the Cabinet Resolution No. In March 2014, the Public Prosecution found that a crime was committed under Articles 1, 20 & 42 of the UAE Cyber Crimes Law (Federal Law No. In case of a conflict of interest between the victim and his representative or if the victim has nobody to represent him, the public prosecutor will act for him. The UAE does not have stand-alone anti-bribery or anti-corruption legislation. Disclaimer: This chat service should not be relied upon as a substitute for professional advice which takes account of your specific circumstances and any changes in the law and practice. We, Khalifa Bin Zayed Al Nahyan, President of UAE, Pursuant to the perusal of the Constitution, - Federal Law no. If the accused is a female, a female assigned by the judicial officer should carry out the search after taking an oath. 35 of 1992 as amended, specifies the procedures for criminal cases in the UAE. If the accused did not appoint a lawyer, the court shall provide him with a lawyer whose fees are to be incurred by the state, as provided by the law. They include: The role of police is to safeguard the public, take initial statements from complainants and witnesses, arrest suspects, carry out investigations and execute orders from the Public Prosecution to assist in the investigation process. Checking your spouse’s phone. from witnesses). It is possible to make a civil claim for defamation against an individual without obtaining a criminal conviction, however a civil claim for defamation is generally difficult to prove and a criminal conviction would provide strong evidence against the defendant upon which to base the civil action. A criminal action lapses if the victim withdraws his complaint. However, the United Arab Emirates enacted an anti-discrimination law in 2015, which is primarily aimed at preventing and criminalising hate crimes and the incitement of hatred. Once the police have referred the matter to the public prosecutor, the prosecutor will summon the complainant and the accused separately for an interview and both parties may also be given the opportunity to bring witnesses to testify in their favour before the prosecutor. Capital punishment is a legal penalty in the United Arab Emirates.. where the criminal offence or unlawful act took place). The Defendant further argued that he did not intend to harm the Plaintiff’s reputation and made the statements in good faith. Give us your feedback so we can improve your experience. If there is no admission of guilt the court will then set another hearing date to allow the accused to respond to the charges. Under UAE law, a criminal complaint can be made against an individual for libel and slander under Articles 371 to 380 of the UAE Penal Code (Federal Law No. This is covered under the Article 120 of the UAE Labour Law. If on the contrary it deems that there is no reason to pursue the action, it shall order that it be archived.

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