The Public Prosecution Lawsuit in the UAE

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Samaha Legal

The public prosecution lawsuit in the UAE is based on crimes committed in the Emirates that involve both a public right and a private right. The public right lawsuit is also called the public prosecution lawsuit in the UAE, and we will explain its details in this article.

To get the best legal advice regarding the public prosecution lawsuit in the UAE, you should contact us at Samaha Legal Consultancy via WhatsApp or Phone +971544447773.

What Is a Public Prosecution Lawsuit in the UAE?

A public prosecution lawsuit in the UAE can be defined as a lawsuit filed by the Public Prosecution against a defendant who has committed a crime that affects the security of society. The lawsuit is filed on behalf of society and the state to punish the perpetrator, and this is what is known as the public prosecution lawsuit in the UAE.

The public prosecution lawsuit in the UAE can also be called a public right lawsuit. It is a criminal lawsuit related to any crime that a person can commit and that is classified under the UAE Penal Code.

The criminal lawsuit filed by the Public Prosecution is called the public prosecution lawsuit in the UAE because it is filed on behalf of society as a whole.

The public prosecution lawsuit in the UAE differs from a civil lawsuit. A civil lawsuit is filed by the plaintiff against the defendant to claim a right or to demand compensation for harm suffered.

The public prosecution lawsuit in the UAE is the lawsuit filed by the Public Prosecution against the defendant who commits a crime affecting the security of society, on behalf of society and the state to punish the perpetrator.

When Is a Public Prosecution Lawsuit Filed in the UAE?

A public prosecution lawsuit in the UAE is filed by the Public Prosecution according to the provisions of the UAE Criminal Procedures Law, under the following circumstances:

In cases of a flagrant crime (in flagrante delicto): In this case, the Public Prosecution has the authority to initiate the public lawsuit against the perpetrator, to investigate with them and bring them to trial.
In cases of a crime in progress: Judicial officers or police officers can arrest a person in the act of committing a crime. If the state of a crime in progress exists, meaning there is clear evidence that they have committed a specific crime, they are investigated. After they are convicted of the crime, the public lawsuit is initiated against them.
When a victim files a claim or complaint with the police, the Public Prosecution, or the competent criminal court: In this case, according to the provisions of the UAE Criminal Procedures Law, the case must be referred to the Public Prosecution for investigation. After it is confirmed that a crime has been committed, the public lawsuit is initiated against the perpetrator.

What Are the Procedures for Filing a Public Prosecution Lawsuit in the UAE?

The process of filing a public prosecution lawsuit in the UAE involves several procedures:

The complaint is submitted by the victim to a police station, or it can be submitted directly to the Public Prosecution, or through a criminal court.
The case must be referred to the Public Prosecution after the complaint is submitted or the lawsuit is filed in various circumstances.
Judicial officers, who are members of the Public Prosecution, police officers, border guards, and others entrusted with judicial police duties according to the law, carry out the investigation and inspection procedures.
There is a possibility of arresting the defendant if there is clear evidence of their commission of the crime.
The Public Prosecution directly conducts the investigation itself in felony and misdemeanor cases.
After the investigation procedures are completed, there are two possibilities: either the case is dismissed due to insufficient evidence, or the defendant is convicted and referred to the competent criminal court.
The Public Prosecution may seek expert assistance during the investigation and take the necessary precautionary measures to preserve the right of society to punish the perpetrator.
After the defendant is convicted, the Public Prosecution proceeds with the public claim against them before the competent criminal court.

Statute of Limitations for the Public Prosecution Lawsuit in the UAE

The statute of limitations is one of the reasons for the public prosecution lawsuit in the UAE to expire. The UAE legislator has adopted the criminal classification of the crime committed, whether it is a felony, misdemeanor, or violation, to determine the limitation period, as follows:

Crimes of Qisas (retribution), Diyya (blood money), and felonies punishable by death or life imprisonment do not expire.
Other felonies expire after 20 years from the date of their commission.
Misdemeanors expire after five years from the date of the crime’s commission.
Violations expire after one year.

The Difference Between Initiating and Commencing the Public Prosecution Lawsuit in the UAE

Initiating the public prosecution lawsuit in the UAE means the Public Prosecution filing the lawsuit before the competent criminal court after the defendant has been convicted of the crime they committed.
Commencing the public prosecution lawsuit in the UAE becomes clear before the court when the litigation is complete, as both parties are notified to appear in court. Once both parties are present, the criminal lawsuit enters the commencement phase.

We have presented to you everything concerning the public prosecution lawsuit in the UAE, including how to file it, when it can be dismissed, and its procedures.

If you need legal advice regarding the public prosecution lawsuit in the UAE, you should contact Samaha Legal Consultancy as it is your best choice.