Arrest of a person under UAE Law

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.

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.

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