Public Right (The Right of the Public Prosecutor/State) in Theft in the UAE One of the recent cases presented to the courts in the UAE involved a person stealing a mobile phone from a parked car outside a store. When the phone owner went to the police station and filed a report, he subsequently withdrew it two days later following family mediation.

This leads us to an important central question: Does the Public Right in theft in the UAE lapse (fall) due to a waiver (withdrawal of the complaint)? This is what we will explore in today’s article.

If you require consultation from a specialized lawyer in the UAE regarding the Public Right in theft cases, you should contact us at Samaha Legal Consultants.

 Public Right in Theft in the UAE

The Public Right (Al-Haqq Al-Amm) in theft in the UAE refers to the state’s authority to prosecute crimes that pertain to the public order and society, regardless of the stance of the victim. In most cases, this is often called the “Right of Society,” because its primary objective is to protect general security and stability, and not merely to support the individual who was harmed.

Examples of the Public Right:

• The Public Right in theft in the UAE even if the victim waives their complaint.
• Murder and grave assault.
• Breach of security.

Separation from the Private Right (Al-Haqq Al-Khass):

The separation occurs when the act that constitutes the Public Right is a crime in itself according to the Penal Code, as it affects society, such as the theft of a commercial store or theft in a public road.

Does the Public Right Lapse with the Withdrawal of a Complaint in Theft?

According to the UAE Penal Procedures Law, the Public Right does not automatically lapse merely because the victim waives the complaint. Rather, the Public Prosecution continues to pursue the case if the incident constitutes a crime that affects public order.

However, there are some limited exceptional cases explicitly stipulated by the penal laws, such as articles related to reconciliation in simple misdemeanors.

If you need assistance with a case concerning the Public Right in theft in the UAE, you should contact Samaha Legal Consultants in the UAE.

Legal Example:

• Article (443) of the Penal Code which stipulates punishment for simple theft with imprisonment or a fine, even without aggravating circumstances.
• Whereas Articles (436–441) specify aggravating circumstances that compel the Public Prosecution to continue proceedings, such as theft committed under aggravating circumstances (at night / with a weapon / by multiple perpetrators).

Stages of Dealing with Public Right Cases in Theft in the UAE

Below are the stages in the legal prosecution sequence regarding the Public Right in theft in the UAE:

1. Reporting to the Police: Documenting the incident.
2. Public Prosecution Investigation: Irrespective of the victim’s waiver.
3. Referral to the Court: If the elements of the crime are met.
4. Trial: An appeal may be lodged.
5. Execution or Exemption: Depending on the final verdict and the circumstances of the crime.

Is it Possible to Suspend Execution or Mediate in Public Right Cases of Theft in the UAE?

In some Public Right in theft cases in the UAE, the court may take reconciliation or a waiver into account when assessing the penalty, but this does not mean the cancellation of the Public Right unless there is an explicit legal provision to that effect.

What are the Penalties Associated with the Public Right in Theft in the UAE?

Penalties can vary depending on the type of theft and the surrounding circumstances:

When Do You Need a Specialized Lawyer in Public Right Theft Cases in the UAE?

The presence of an expert lawyer is essential in Public Right theft cases, particularly in:

• Preliminary investigations before the police and public prosecution.
• Preparing legal defenses to prove the invalidity of procedures.
• Negotiating for penalty mitigation based on a waiver or reconciliation.
• Requesting the suspension of execution in case of personal or humanitarian justifications.

If you require consultation regarding Public Right in theft cases, you should contact Samaha Legal Consultants in the UAE.

Duration of Imprisonment in Public Right Theft Cases in the UAE

• The duration of imprisonment in Public Right theft cases in the UAE can vary according to the provisions of the UAE Penal Code, depending on the circumstances of the crime. The penalty may range from imprisonment for a period of no less than six months or a fine, escalating to imprisonment for two or five years, and may reach seven years or temporary or perpetual imprisonment.
• When does a theft case lapse (fall)? A theft case lapses in theft crimes that require the submission of a personal complaint by the victim, specifically when the victim waives that complaint before a final judgment is issued in the case, such as theft between spouses or between ascendants or descendants. A theft case also lapses by prescription (statute of limitations) according to the classification of the crime as a felony or a misdemeanor.
• How is the crime of theft proven? The crime of theft is proven by establishing the physical and moral elements of the theft crime, and through all means of evidence stipulated in the Penal Procedures Law or the Law of Evidence, including searching the accused or their home, interrogating them, or witness testimony. Written or digital evidence showing the accused’s commission of the crime can also be presented.

We have reached the end of our article about the Public Right in theft in the UAE, where we clarified everything related to the Public Right, the penalties prescribed for the Public Right, and when the Public Right lawsuit lapses.

If you require consultation regarding the Public Right in theft in the UAE, you should contact Samaha Legal Consultants in the UAE, as Samaha is a specialized office in Public Right theft cases in the UAE and is always your best choice.