By A N Sabri
Fedral Law No.(35)of 1992 contains Criminal Procedure in
UAE. Provisions of this law are applicable to procedures for reprehension
crimes and also for procedures related to hudoud, retribution and blood money
without prejudice to the stipulations of Islamic Sharia.
As per Article 2 of the Law no criminal penalty shall be
imposed on any one without his conviction according to the law. If a person is
acquitted no penalty shall be imposed upon him.
No person shall be arrested, searched detained or imprisoned
except under the circumstances and conditions mentioned in the law. Detention
or imprisonment may only take place in
places designated for that purpose and for the period specified in the warrant
issued by the competent authority.
No physical or moral
harm shall be applied on the accused, and no person shall be subjected to
torture or degrading treatment.
As per the article 3 members of the public authority may not
enter into any place of residence except under the circumstances specified in
the law or in case of a request for assistance from inside or under a serious
threat on life or property.
As per Article 4 each person in a felony punishable with
death sentence or life imprisonment shall have an attorney to defend his case during the hearing stage, or
otherwise the court shall appoint an
attorney whose fee shall be charged to the state.
The accused in a felony punishable by provisional imprisonment
may also ask the court to provide him with an attorney in his defense after
verifying his financial liability to hire an attorney/lawyer.
As per Article 10 a criminal action may not be filed in the
following crimes without a written or oral complaint from the victim or his
legal substitutes:
1.
Theft, fraud, treasury and concealing proceeds of
the same if the victim is the spouse of the accused or any of his next of kin
and such proceeds were not under judicial or administrative seizure or
surcharged with the right of another person.
2.
Refusal to handover a minor to his lawful
guardian and removing him from the authority of his guardian or caretaker.
3.
Refusal to pay alimony, custody or nursing fees
or adjudged residence.
4.
Insulting and defaming others.
5.
Other crimes stipulated by the law.
A Complaint shall not be accepted after the lapse of three
months from the day of the victim’s knowledge of the crime and the criminal,
unless otherwise stipulated by the Law.
azeezsabri@gmail.com
As per article 45 the judicial officer may order the arrest
of the present accused where there are sufficient evidence for his involvement
in the crime in any of the following circumstances :
First : In crimes
Second : When caught red handed in felonies that are not
punished by fines.
Third : In felonies that are not punished by fines if
accused is under surveillance or it is fared that he could escape.
Fourth: In felonies of theft, fraud, treasury, severe
assault, resisting public force personnel by force, breaching public manners,
as well as felonies related to weapons, ammunition, alcohol and hazardous
drugs.
As per Article 46 if the accused is not present, the
judicial officer may issue an arrest warrant which has to be stated in the
report.
As per Article 49, in red handed felonies that are not
punishable by fines, public authority personnel may bring the accused and hand
him over to the nearest judicial officer.
As per Article 50, it is not permissible to
arrest the accused if the red handed crime requires a complaint for raising a
criminal action thereon, unless anyone authorized to file a complaint
explicitly presents the same; in this case it is permissible that a complaint
is made by a present member of the public authority.
