Request to Release a Prisoner in the UAE, Frequently asked questions include: What are the legal grounds for the release of a prisoner in the UAE? And what are the necessary procedures to submit a request to release a prisoner in the UAE?
In this article, we will answer these questions according to UAE law and also provide a sample for a request to release a prisoner in the UAE. So, stay with us.The Public Prosecution Lawsuit in the UAE
To get legal consultation regarding the release of a prisoner in the UAE, you should contact us at Samaha Law Firm in the UAE.
Legal Grounds for a Request to Release a Prisoner in the UAE
There are many legal grounds for a request to release a prisoner in the UAE, based on the provisions of the UAE Criminal Procedures Law These can be relied upon to submit a request to release a prisoner in the UAE Among these grounds are:
- The court issues a decision to suspend the sentence, leading to the release of the convicted person.
- The temporary release of the prisoner, also known as bail, in cases of crimes that are not felonies (i.e., misdemeanors).
- A person held in provisional detention for a crime punishable by death or life imprisonment cannot be granted temporary release except with the approval of the Public Prosecutor.
- The failure to prove the charge for which the defendant was detained.
- The period of the defendant’s provisional detention equals the sentence.
- The defendant or convicted person contracts a life-threatening illness that requires them to be transferred to a specialized medical facility.
- The convicted person requires treatment, especially in cases of drug addiction.
- A fundamental condition for the release of a prisoner in the UAE is that they must provide a known place of residence in the UAE.
- The convicted person must show good behavior that instills confidence in the court that their release will not pose a danger to society.
Procedures for Submitting a Request to Release a Prisoner in the UAE
A request to release a prisoner in the UAE is considered an urgent matter and is submitted to the court hearing the case The request must contain the following information:
- The defendant’s full personal details.
- The case number and date.
- A known place of residence for the defendant.
- A pledge from the defendant to appear before the court and not to flee or travel.
- The legal grounds for the prisoner’s release.
- The necessary supporting documents.
The request is then submitted to the court as an incidental motion. After it is accepted, it is attached to the case file If you need help submitting a request to release a prisoner in the UAE, you can get assistance from Samaha Legal Consultancy in the UAE.
The court will study the request and whether the legal conditions for the defendant’s release have been met The court then issues its decision to release the prisoner at a session attended by the defendant, the opposing parties, and the Public Prosecution.
The court may also issue a decision to deny the release of a prisoner in the UAE and order the continuation of their imprisonment. In this case, the defendant has the right to appeal the court’s decision to extend their provisional detention.Types of divorce in the UAE
Sample Request Form to Release a Prisoner in the UAE
To His Excellency the Public Prosecutor of the United Arab Emirates
Request to Release a Prisoner
Applicant: Prisoner [Name], full personal details [Details], represented by lawyer [Name].
We hereby present the following:
My client was convicted of a crime related to the possession and use of drugs and was sentenced to a temporary prison term.
However, my client has contracted a terminal illness that threatens his life and the lives of others, and it has rendered him completely immobile. We submit to you a medical report issued by the medical committee at the prison administration.
Therefore, we request Your Excellency to grant the temporary release of the prisoner so he can be transferred to a specialized hospital for treatment, and that the duration of his treatment be considered part of his sentenced prison term.
With appreciation and respect, Dubai on [Date] The Legal Representative [Name] Signature
The Role of Samaha Law Firm in a Request to Release a Prisoner in the UAE
Samaha Law Firm plays a vital role in submitting a request to release a prisoner in the UAE due to its expertise in all legal texts related to this matter, whether they are found in the UAE Penal Code, the UAE Criminal Procedures Law, or other relevant penal laws.
Some of the tasks performed by Samaha Law Firm for a request to release a prisoner in the UAE include:
- Studying the case of a defendant held in provisional detention and determining the possibility of their temporary release in light of the facts presented to the court.
- Seeking any legal loopholes that can be used to benefit the person held in provisional detention or the convicted person to secure the release of a prisoner in the UAE, in accordance with the provisions of the UAE Criminal Procedures Law.
- Actively participating in proving the prisoner’s health condition that warrants their temporary release for treatment.
- Providing all legal consultations related to submitting a request to release a prisoner in the UAE and the necessary conditions for it.
- Professionally drafting the request for the prisoner’s release and supporting it with the necessary documents to convince the Public Prosecutor or the court of the need for their release.
Can a Person in Provisional Detention for a Crime Punishable by Death Be Temporarily Released in the UAE?
Yes, there is a possibility for the temporary release of a prisoner in the UAE held in provisional detention for a crime punishable by death or life imprisonment, but only after obtaining the approval of the Public Prosecutor or their representative.Compensation for damages in UAE law
Now that we have presented all the matters related to a request to release a prisoner in the UAE, we hope we have clarified the grounds for making such a request and the necessary procedures involved. If you need legal assistance or consultation regarding the release of a prisoner in the UAE, you should contact us at Samaha Legal Consultancy in the UAE.
