The petition for reconsideration before the UAE Supreme Court in the legal system of the United Arab Emirates is one of the exceptional legal remedies that allows a convicted person to review final judgments that have acquired absolute legal force. This method may be used in certain cases where specific legal reasons exist, such as a serious error, fraud, forgery, or the emergence of new evidence that was not available during the trial which issued the judgment in question.
What is a petition for reconsideration before the UAE Supreme Court ?
Within the UAE judicial system, the petition for reconsideration before the UAE Supreme Court (Criminal Cassation Chamber) represents a non-ordinary appeal mechanism that permits a party to reopen a case that has already been decided. When grave mistakes appear, or new evidence surfaces that was not previously available, the law allows the reopening of the case to restore justice under the provisions of the UAE Criminal Procedure Law.
Conditions for accepting a petition for reconsideration before the UAE Supreme Court
For your petition to be accepted, both procedural and substantive conditions must be met:
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Procedural conditions
The petition must be submitted within the legally specified timeframe (usually within 3 months of discovering the reason for the petition). It must be filed through a written memorandum with the Public Prosecution and then referred to the Criminal Cassation Chamber.
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Substantive conditions
The petition must be based on one of the legal grounds such as fraud, forgery, or the emergence of new decisive evidence.
Procedures of filing a petition for reconsideration before the UAE Supreme Court
The process of filing a petition for reconsideration before the UAE Supreme Court follows several organized legal steps beginning with the submission of the request to the Federal Public Prosecution as the competent authority under Article (190) of Federal Law No. 35 of 1992 on Criminal Procedures and its amendments. Key steps include:
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Preparing a detailed legal memorandum clearly explaining the reasons for the petition for reconsideration before the UAE Supreme Court, with supporting documents such as prior judgments, new evidence, or proof of fraud/forgery.
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Submitting the memorandum to the Federal Public Prosecution either electronically or in paper form, including the basic information of the plaintiff and defendant.
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The Prosecution examines the request and, if legally valid, refers it to the Supreme Court.
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The Supreme Court reviews the request and either accepts it to proceed with reconsideration or rejects it if legal requirements are not met.
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Only parties to the final judgment can file the petition, and it is allowed only if the judgment is final and not subject to other ordinary appeals.
Seeking assistance from a specialized law office such as Samaha Law Firm for Legal Consultations in such matters is crucial to ensure compliance with formal and substantive requirements and to increase the likelihood of acceptance.
Judgments eligible for a petition for reconsideration before the UAE Supreme Court
A petition for reconsideration before the UAE Supreme Court may only be filed against final judgments, provided that:
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The judgment was based on forged documents or testimony.
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It contains material errors or contradictions.
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It was issued against a person who was not properly represented.
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It caused serious harm not legally corrected at the time of issuance.
Fees for filing a petition for reconsideration before the UAE Supreme Court
The fees for filing a petition for reconsideration before the UAE Supreme Court are symbolic compared to the importance of this legal remedy. The UAE Ministry of Justice has set the filing fee at only AED 20, payable through official electronic platforms when submitting via the Public Prosecution or competent court. However, these fees do not cover other expenses such as attorney fees or document preparation, making consultation with Samaha Law Firm for Legal Consultations essential before filing.
Legal grounds for a petition for reconsideration before the UAE Supreme Court
The main grounds include:
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Fraud that influenced the judgment.
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Testimony or documents proven to be forged after the ruling.
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Emergence of important documents not available at the time of trial.
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A judgment granting more than what was requested or ruling on issues not requested.
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Contradictions within the judgment itself.
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A ruling against a person not legally represented.
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Failure to include a necessary party who would have been directly affected by the judgment.
Judicial precedents of petition for reconsideration before the UAE Supreme Court
Judicial precedents show that UAE courts take the petition for reconsideration before the UAE Supreme Court seriously whenever its legal grounds are met. For example, a case in Ras Al Khaimah in 2007 involved a defendant filing a petition after a deportation order was issued against him. He submitted documents proving lawful entry into the country before the alleged crime. The Supreme Court accepted the petition and annulled the judgment, reflecting the flexibility of the UAE judiciary in correcting decisions when new evidence emerges.
Role of lawyers in a petition for reconsideration before the UAE Supreme Court
A specialized lawyer plays a vital role by:
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Assessing the validity of the petition.
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Drafting the petition in precise legal form.
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Filing the case and attending hearings.
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Ensuring proper notification of all parties.
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Following up on the outcome, whether annulment, retrial, or acquittal.
Filing a petition for reconsideration before the UAE Supreme Court is an exceptional legal step that requires deep understanding of procedural and substantive rules. By meeting all conditions and submitting within the legal deadlines, a convicted person may pursue justice. For the best chance of success, consulting Samaha Law Firm for Legal Consultations ensures accurate preparation and strong representation in these critical cases.
