Have you received a criminal judgment from a criminal court that you believe was unfair? Do you feel an urgent need to clarify your position and amend the judgment?
You can use appeal as a legal means in this case, as it represents an opportunity to change or modify the issued ruling.
If you need to consult a criminal lawyer in the UAE to inquire about the appeal procedures after a judgment, you can click here to immediately contact Law Firm and Legal Services.
table of contents
- Appeal in criminal cases in the UAE
- Procedures for appealing judgments in criminal cases
- Frequently Asked Questions
Appeal in criminal cases in the UAE
Many individuals fear engaging in criminal offenses because of the harsh penalties imposed on perpetrators. This is an intentional outcome, as criminal offenses pose a significant threat to public safety. These crimes include murder, robbery, drug trafficking, and other criminal acts that threaten the safety of society.
Although the competent authorities in the United Arab Emirates believe in the importance of applying penalties to all those who violate the laws and commit criminal offenses, they also take into account the possibility of errors occurring or that judicial procedures may proceed in a manner that leads to an unfair ruling against a person. Therefore, the Code of Criminal Procedure stipulates the right of the convicted person to appeal the ruling before the Court of Appeal.
Appeal is one of the ways to object to rulings issued by first instance courts in the United Arab Emirates. Since the criminal court is classified as
The Court of First Instance is considered the first instance court, and therefore appeals against its rulings are permissible under UAE law. The judgment issued by the Criminal Court is rendered by a single judge, which reinforces the importance of appeals. It is undeniable that a person, regardless of their status, can make mistakes and their opinion may be questioned.
Sometimes, a judge may make an error in judgment or overlook a matter that could affect the course of a criminal case. Therefore, resorting to the courts of appeals provides an opportunity to correct the judgment and rectify any errors that may have occurred. In some cases, the appeal is not intended to question the judge’s ruling, but rather results from the emergence of new developments that were not present at the time of the ruling.
Accordingly, appeal in criminal cases, regardless of its grounds, is a means of correcting errors, whether related to incorrect application of the law or the subject matter of the case itself. The Court of Appeal is considered a second-instance court, as it can overturn the ruling issued by the court of first instance.
It is important to note that appeal courts’ rulings are issued based on the opinion of three judges, unlike courts of first instance, which issue rulings from a single judge. With regard to criminal cases,…
Procedures for appealing judgments in criminal cases
There is no doubt that every legal action or procedure requires a set of terms and conditions that must be adhered to for its completion. The UAE’s Code of Criminal Procedure includes a special list of procedures for appeals related to criminal judgments. An appeal must be filed within a period not exceeding fifteen days from the date of issuance of the judgment, by submitting a report to the criminal registry, in accordance with Article 234 of the Code.
If the convicted person wishing to appeal is imprisoned, they must submit their appeal to the prison warden, who must immediately send it to the criminal clerk. The appeals court may also release the convicted person if he is on bail pending its decision on the appeal.
If the Public Prosecution files an appeal against the ruling, the deadline for filing it is thirty days from the date of the ruling. The criminal court will then set a hearing date in accordance with Article 236 of the appeal report, and this will be considered an official announcement.
The Public Prosecution is responsible for notifying the other parties in the partial case whose ruling has been appealed of the hearing date. The accused must be present. If the accused is detained, the Public Prosecution must transport him to the Court of Appeal to attend the hearing.
According to Article 237, the court must first hear the appellant’s statements, then hear the remaining parties. It is important to note that a defendant sentenced to a custodial sentence loses his right to appeal if he fails to present himself for execution before the appeal hearing, in accordance with Article 238.
The Court of Appeal itself shall hear witnesses who should have been heard by the criminal court. The Court of Appeal is also required, in accordance with Article 239, to address any deficiencies in the investigation procedures and has the right to take whatever action it deems necessary to do so.
If the court of first instance issues a ruling and, upon appeal, it discovers that there is a defect, whether there was a defect in the initial ruling or an error or defect in the procedures that affected the ruling, the court may overturn the initial ruling and issue a ruling based on it.
If the Court of Appeal overturns a compensation award that was provisionally enforced, the award is returned to the enforcing authority based on the overturning decision. From this, we conclude that the procedures of appeal courts vary from case to case and lead to diverse outcomes. The appeal may be accepted and the award modified, or the appeal may be rejected with the appealed award upheld or even amended. Therefore, it is advisable not to file an appeal without consulting a lawyer specializing in criminal cases and experienced in the laws and procedures.
In this case, you can contact Samaha Law Firm and Legal Consultancy, directly to obtain the services of the best lawyers in the criminal field.
Frequently Asked Questions
There are many inquiries regarding important details about the appeal, the most prominent of which are:
– What is the appeal period in criminal cases?
If you need to draft an appeal to challenge a criminal court ruling, the criminal lawyer at Law Firm is ready to assist you in this area.
– Is it possible to appeal a criminal case after an appeal ruling?
Learn comprehensive information about appeals under UAE law, including appeals in commercial and civil cases in the UAE.
