Slide 1: Criminal Procedure Law: An Overview

Criminal Procedure Law Definition

• A set of legal rules govern procedures by authorities after a crime and includes detection, evidence collection, identification, trial, judgments, and enforcement.

Relationship Between Criminal & Criminal Procedure Law

• Criminal law defines crimes and their penalties.
• Criminal Procedure Law regulates how criminal law and penal provisions are applied.

Differences Between Criminal Procedure Law & Civil Procedure Law

• Both laws include procedural rules
• Criminal Procedure Law regulates criminal cases.
• Civil Procedure Law regulates civil, commercial, and private-relationship cases.

Application of Civil/Criminal Procedure Law in Criminal Courts

• Criminal Procedure Law generally applies to all cases in criminal courts, regardless of whether they are criminal or civil cases.
• An exception is the application of Civil Procedure Law in specific situations.
  • When the Criminal Procedure Law explicitly provides for it
  • When the Criminal Procedure Law lacks provisions on a specific matter
  • Article 206 of the Criminal Procedure Law refers to provisions and procedures of the Civil Procedure Law regarding judge competence, recusal, and disqualification.

Legality Principle & Criminal Procedure Law

• The principle of legality in criminal law states, “no crime and no punishment except by law."
• Procedural legality in criminal procedure law entails legislative authority for stipulated criminal procedures.
• Legislative authority also identifies judicial bodies for handling cases, ensuring that all procedures follow the law, and that no actions contravene it concerning individuals' rights.

Criminal Procedure Stages

• Criminal procedures progress through three phases.
  • Pre-investigation by law enforcement with limited judicial authority
  • Investigation by the Public Prosecution
  • Accusation/prosecution by the Public Prosecution
  • Trial stage managed by the courts.

Criminal Lawsuit Stages

• The criminal lawsuit is comprised of these stages:
  • Investigation
  • Accusation
  • Trial
• The stage of pre-investigation precedes a criminal case.

Criminal Procedural Rule Sources

• Constitution: Freedom regulations exist in Article 26, Article 82 provides parliamentary.
• Ordinary laws: The Criminal Procedure Law No. 38 of 2022, and the Civil Procedure Law No. 42 of 2022.
• Regulations and decisions: Include specifications of crimes as determined by the Federal Attorney General.

Temporal Scope of Criminal Procedure Law Application

• Criminal Procedure Law has immediate effect on procedures carried out after the law's effective date, with any ongoing and unresolved cases even if the crimes predate such law.
• For example, the Criminal Procedure Law allowed law enforcement agents with limited judicial authority to arrest a person in only five specific cases on January 1, 2021.
• By January 1, 2025 the law was amended allowing six specific cases for arrest
• A crime that was discovered February 1, 2025 would allow the law enforcement agent with limited judicial authority to arrest based on the sixth case.

Non-Retroactive Application of Criminal Procedure Law Factors

The Criminal Procedure Law's immediate application:

• Only applies to procedures after the law's effective date.
• Does not affect procedures carried out before the new law.
• Applies to ongoing/unresolved criminal cases.

Penal Code Comparison

• The Penal Code doesn’t apply to crimes before its effective date.
• However, if its provisions are more favorable to the accused, then it does apply.
• Criminal Procedure Law applies to procedures after its effective date, even for crimes predating it.
• This is because the Penal Code applies to the crime, while the Criminal Procedure Law applies to the case surrounding it.

Criminal Procedure Law Non-Applicability

• The Criminal Procedure Law isn't applied to procedures conducted before its effective date.
• This law does not apply to cases resolved before its date.

Exceptions to Immediate Application of Provisions

• Provisions that amend jurisdiction do not apply to cases where pleadings were closed before the law's effective date.
• Courts retain jurisdiction if pleadings are closed.
• For ongoing cases where pleadings aren't closed, new jurisdiction rules apply for the case.
• If an amendment changes court competence for drug cases from "crime district" happen and transfer cases to the court depending on the status of the arguments -Arguments not closed, Dubai Court of Cassation transfers cases. -Arguments closed, Dubai Court of Cassation remains competent.
• If annulment and judgement is referred to CoA, amended jurisdictional rules apply and CoA maintains the competent court in capital
• Amending time limits apply to criminal cases, except those already commenced.
• For instance, the Criminal Procedure Law originally allowed 50 days to appeal a judgement.
• An amendment changed that to 30 days and this would have effect to cases that are now allowed 30 rather than 50 days.

Methods of Appeal

• Rules are subject to effective law when the judgment is issued.
• If the defendant has the appeal right, a new law cannot abolish the judgment.
• Judgements issued under old law cannot be appealed under new law.
• Judgements issued under old law can be appealed even if new law prohibits such conflict.

Subject-Matter Scope of the Criminal Procedure Law

Applies to the following::

• All crimes in the Penal Code and other laws.
• Retribution and blood money crimes, in accordance with Islamic Sharia.

Criminal Procedure Participants

• Judges are responsible for issuing judgments and extending pretrial detention.
• The Public Prosecution are responsible for investigative procedures, prosecution, judgment execution.
• Law enforcement agents with judicial authority are primarily responsible for detecting crimes, identifying perpetrators, gathering information/evidence, and carrying out certain investigative procedures in exceptional cases.
• Public authorities: Enforce orders from law enforcement/investigative authorities.

General Provisions of the Criminal Procedure Law

• No penalty is imposed without proven guilt.
• Freedom from arrest, search, detention, imprisonment, travel prevention, or electronic surveillance exceptions are stipulated by law.
• Detention and imprisonment limitations include approved locations and authorities.
• Prohibitions include physically/mentally harming accused and subjecting them to torture.
• Illegally obtained evidence is considered invalid.
• Law enforcement and investigative authority confidentiality is required.
• Procedures/regulations for disclosing crime data is regulated by the Attorney General and must only be conducted in Arabic.
• If language barriers exist, a translator may be required, in the event of muteness or deafness, written questions and recorded responses are accepted.

Presumption of Innocence & Burden of Proof

• Burden of proof: Presumption of innocence allocates the burden of proof, so the suspect is exempt.
• Applicability of presumption: The presumption is a universal principle.
• Claimant's burden: The burden falls on the claimant/complainant.

Criminal Lawsuit Right

• When a crime is committed, society gains the right to punishment.
• Lawsuit purpose: Is the state represented by the Public Prosecution enacting assertion, determination and judiciary presentation.

Criminal Lawsuit Parties

• The Public Prosecution
• The defendant.
• Civil lawsuits filed by victims are not involved in criminal cases.

The Public Prosecution Authority

Has the following::

• Investigation
• Accusation
• Case review
• Prison supervision
• Ruling oversight
• Law enforcement agents with limited judicial authority are accountable to AG for their duties.
• In accordance with Article 9 of the Code of Criminal Procedure, the Public Prosecution is exclusively responsible for initiating, filing (accusing), and pursuing the criminal lawsuit. It shall not be filed by anyone else except in cases specified by law. The responsibilities are as follows:
• Initiating the Criminal Lawsuit: The criminal lawsuit is initiated by the Public Prosecution by taking one of the investigative procedures, such as interrogation.
• Accusation: The accusation is made by referring the case to the court or by summoning the accused to appear in cases of misdemeanors and violations.
• Pursuing the Criminal Lawsuit: The lawsuit is pursued by the Public Prosecution through following up on the case after it has been filed, including submitting pleadings and appeals.

Defendant

• The UAE Criminal Procedure Law does not explicitly the definition of "accused"
• Can be inferred as legal procedures of pre-investigation, investigation or trial stages.
• The term applies throughout criminal suits including the pre-investigation phase.

Reasons for removed accused states

Including if:

• Decision of criminal action from the Public Prosecution.
• Final acquittal has been issued for the case.
• In the event the criminal case is terminated.

Criminal Lawsuit Stages

• Investigation: The starting point of the criminal suit by the public prosecution which leads to intent to exercise regarding the criminal incident.
• Accusation: The stage of bringing cases before courts and refers lawsuits carried out by public prosecution which refers cases to the competent court without an investigation.
• Trial: The final stage of case, which encompasses appeals, proceedings and courts of all levels.

Actions During Criminal Proceedings

Criminal Proceedings include arrest, search, interrogation. Initiated by the Public Prosecution.