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We would like to inform you that according to the UAE Code of Criminal Procedure here and in accordance with Article 7 of the Code of Criminal Procedure and its amendments, the Public Prosecution has exclusive jurisdiction to initiate criminal proceedings against defendants and has the authority to follow up the case until a final judgment is issued.
The Public Prosecution shall be considered as part of the judicial system.
The prosecution also handles cases relating to extradition and follow-up in accordance with international conventions, in cooperation with the International Criminal Police.
In some cases, as provided for in article 10 of the Code of Criminal Procedure, the victim or his legal representative has to file a written or oral complaint to initiate a criminal case, which is inadmissible three months after the day the victim became aware of the crime. Unless the law provides otherwise these cases include:
Theft, breach of trust, and concealment of proceeds from it, if the victim is the husband of the offender, one of his assets or branches and the proceeds have not been confiscated by judicial or administrative basis or are covered by privilege in favor of another person, Refuse to hand over a minor, or take the minor away from the authority of the minor's guardian, Defamation, libel, and other offenses defined by law
In the above-mentioned cases, the complaint will not be admitted three months after the victim has learned of the crime, or the party who committed the crime, unless otherwise provided by law.
If the perpetrator is caught, a complaint may be filed with a member of the public authority who comes to the crime scene.
If there are multiple victims, it is enough to file a complaint from one of them to bring the case. If the accused are multiple, the complaint against one of them applies to the rest.
If the victim is under 15 years of age or has a mental illness, or the crime is against his property, the complaint shall be filed by the guardian.
If the interests of the victim conflict with the interests of his or her representative, the Public Prosecution shall be represented.
The Public Prosecution shall carry out the investigation in Arabic.
In the event that the accused or the adversaries, witnesses or others who are not fluent in Arabic and whose statements are deemed decisive by the Prosecutor, the Public Prosecution may seek the assistance of an interpreter after he has been sworn in.
A criminal case shall lapse if the victim waives his complaint. In case of multiple victims, the waiver shall be issued by all complainants.
If there are multiple defendants in the criminal case, the waiver of the complaint against one applies to the rest as well.
If the victim dies after filing a complaint, the right to surrender shall be transferred to his heirs.
The criminal case shall also terminate with the death of the accused, the issuance of a final judgment, the waiver of the action by lawfully entitled to it, the issuance of a general amnesty, or the abolition of the law punishing such acts.
Criminal cases also expire after 20 years in felonies punishable by the death penalty, 10 years in all other felonies, 3 years in misdemeanors, and 1 year in offenses or violations.
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Dear Customer,
Welcome again!
According to the UAE Code of Criminal Procedure, if a complaint is filed and a referral is submitted to the court and a bail application is not allowed, the case or file cannot be withdrawn, especially as the case is a public right, but reconciliation with the defendant or the defendant may be a mitigating factor at trial and punishment.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
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