Slide 4: Criminal Pre-Investigation Procedures

• The pre-investigation, or preparatory, stage is critical as the criminal case moves towards judiciary oversight.
• Law enforcement agents with limited jurisdiction take actions after a crime occurs but before formal proceedings begin during the pre-investigation phase.
• The purposes of this preparatory phase include detecting crimes, identifying perpetrators, and gathering related information to inform the decision on criminal proceedings.
• Law enforcement agents like police, coast guard, and civil defense officers execute these preparatory procedures.
• The aim of these procedures is to save time and effort for judicial authorities and prevent unnecessary pre-trial detention.
• This stage starts when the crime happens and wraps up when a report with all the details goes to the Public Prosecution.
• The pre-investigation stage typically avoids investigative actions, except when the law specifically allows them.

Examples of pre-Investigation procedures:

• Summoning a potential suspect for questioning is ok as long as their freedom isn't restricted(no arrest).
• Interviewing neighbors and others with information is part of pre-investigation.
• Gathering information from victims, witnesses, and experts and inspecting the site is complted while preserving evidence.

The Importance of the Pre-Investigation Stage:

• Law enforcement, like police, usually arrive first and interact with victims, suspects, and witnesses.
• Mishandling these interactions, whether intentional or not, can obstruct justice, like failing to preserve evidence.
• The pre-investigation stage is vital for preparing the case for investigation, and failure to make required inquires by law enforcement makes it difficult for the investigative authority to move forward.
• Arrest and search warrants usually depend on these inquiries, with the Public Prosecution requiring thorough confirmation of the suspect's crime before issuing warrants.
• The importance here has to do with replacing investigations in misdemeanors by allowing the accused to be sent ot court following Criminal procedure code Article 119
• The information and results acquired during pre-investigation constitute proof the courts use

Distinction between the pre-investigation stage and the investigation phase:

• The pre-investigation stage precedes the criminal lawsuit, while the investigation begins the criminal phase.
• The criminal case starts when the Public Prosecution begins its procedural investigation.
• The pre-investigation is more about gathering preliminary information versus the formal evidence collection of the investigation phase.
• Preliminary information is when people are accepting reports, hearing from different people, securing the crime scene etc
• Pre-investigation doesn't usually involve actions impacting freedom or home sanctity, but there are exceptions under the law for arrests and searches, which are usually reserved for investigative work.
• Law enforcement agents with limited judicial authority conduct pre-investigations, with investigative procedures handled by the Public Prosecution unless law enforcement are given permission to do so or do it themselves.
• Article 68 says that a member of the Public Prosecution may assign a law enforcement agent with limited judicial authority to carry out investigative tasks excluding the interrogation of the accused

The right of a suspect/accused to have a lawyer present during the evidence collection stage:

• Criminal Procedure Law is silent on providing a suspect/accused with right to lawyer at pre-investigation phase.
• Some say separating the accused and lawyer in impermissible, supported by law allowing limited investigative action.
• Others say it's established under Advocacy Law (Law No. 34 of 2022, Article 6) but the law does not give any penalty for doing failing to allow the lawyer/accused to be together.
• The opposing side says the law doesn't explicitly provide this right and supporters have practical reasons.
• Their reasons are that crime information collection should not be delayed and efficiency is > legal safeguards at stage

Definition of Law Enforcement Agents with limited Judicial Authority and their categories:

• Law enforcement agents with judicial authority can detect crimes and certain judicial procedures given the case.
• Criminal Procedure Law Articles 34 and 35 lists law enforcement agents with limited authority
• Article 34 says law enforcement agents with judicial authority include Public Prosecution members, police force, border/coast guard, personnel working for police/armed forces, civil defense department, and any employees with jurisdiction in virtue in applicable laws.
• Article 35 mentions that resolution by Justice Minister vests employee with criminal law authority and criminal offenses within job/duty

Distinction between the duties of law enforcement agents with judicial authority and those of public authority officials:

• Public authority officials take measures to PREVENT crimes (police street patrols), while law enforcement agents with judicial authority take actions AFTER a crime.
• Public authority officials maintain safety, while law enforcement agents with judicial authority address completed crimes.
• Public authority officers collect relevant information, like the Civil Defence Force, while law enforcement agents with judicial authority, found in Articles 33/34 of Criminal Procedure law, work to detect crimes.

Subject-matter, temporal, and territorial jurisdiction of law enforcement agents with judicial authority:

• Subject-matter jurisdiction exists in two forms; general and specific.

• Those with general jurisdiction oversee all types of crime, with police and members of the Public Prosecution falling into this category.

• Those with specific jurisdiction oversee specific crimes related to their areas, like coast guard or civil defense officers

• Crime-related residency include entry violations involving Employees at borders

• Ministerial decisions grants employees status for limited judicial authority in order to protect children's rights

• Law agents with general jurisdiction preside crimes of agents with specific,

• Federal police preside over officer borders or child specialists rights.

• Comprehensive territorial jurisdiction lets law agents work within entire state(federal police). limited agents do not get this.

• Limited, or specific authority is restricted to their specific territory, like the difference between Jebel Ali officer working in police working within certain areas and other emirates.

Temporal jurisdiction of law enforcement agents with limited judicial authority:

• A law agent authority remains valid after work/holidays unless suspended/terminated and if they comply with law.
• Violating territorial and subject nullifies the procedures carried out against it

Duties of law enforcement agents with limited judicial authority:

General responsibilities of law enforcement agents with limited judicial authority:

• The law requires law agents to conduct reliable and thorough crime inquiries.
• It doesn't have to be entirely accurate but dependable and trustworthy.

- Prohibition of inciting crimes for the purpose of detecting and arresting the perpetrators:

• Role of Agents is to detect and apprehend crimes and inciting crime is prohibited.
• It is fine to simulate incitement to uncover crimes (pretending to purchase), the court said.
• It is also lawful with agents taking women to perform abortions to uncover a crime
• But agents are prohibited from actual incitement to commit crimes

Specific responsibilities of authority:

• Article 36 of Law say law enforcement agents with limited must take complaints regarding article

B) Specific responsibilities of law enforcement agents with limited judicial authority:

• Article 36 of the Criminal Procedures law states the duty of law enforcement agents to accept crime reports/complaints.
• A reporting is a may come from a victim and complaint is submitted.
• Reporting crimes is obligatory is stipulated in Article 38 of the Criminal Procedures Law.
• Failure to is punishable under 321 and 323 of the Penal Code

Hearing statements

• Per Articles 36 and 41 of the Criminal Procedure Code, statements are to be obtained.
• Law not permitted give oaths because it's investigation except life situations is in danger and death happens
• Authority to accused and suspect but not interrogating

examination

• Procedures law Duty authority inspection from crimes brought attention procedures
• Article 3 law
• Facilitate aim
• Object circumstances, and truth

Seizure/preserve items

• Item scene uncovers truth weapon

• Serve/evidence

• Procedure documents

Writing Report

• Article 37 procedures
• Report explicitly stated in signed
• Fail invalid

notify

• Pursuant procedure prosecution
• and seized