Podcast
Questions and Answers
Which of the following is NOT a step involved in criminal procedure?
Which of the following is NOT a step involved in criminal procedure?
The Civil Procedure Law and the Criminal Procedure Law regulate the same type of procedures.
The Civil Procedure Law and the Criminal Procedure Law regulate the same type of procedures.
False (B)
What is the primary focus of criminal law?
What is the primary focus of criminal law?
Defining crimes and specifying penalties.
The ____ Procedure Law regulates how the criminal law is practically applied.
The ____ Procedure Law regulates how the criminal law is practically applied.
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In cases heard before criminal courts, which law generally governs the procedures?
In cases heard before criminal courts, which law generally governs the procedures?
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Match the following legal terms with their corresponding definitions:
Match the following legal terms with their corresponding definitions:
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The Civil Procedure Law is always applied in cases heard before criminal courts.
The Civil Procedure Law is always applied in cases heard before criminal courts.
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Give one example of a situation where the Civil Procedure Law can be applied in cases before criminal courts.
Give one example of a situation where the Civil Procedure Law can be applied in cases before criminal courts.
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According to the Criminal Procedure Law, if a person involved in a case is unable to speak, questions must be written down and their responses recorded in a document attached to the case file.
According to the Criminal Procedure Law, if a person involved in a case is unable to speak, questions must be written down and their responses recorded in a document attached to the case file.
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Who bears the burden of proof in criminal cases?
Who bears the burden of proof in criminal cases?
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The principle of ______ dictates that the accused is presumed innocent until proven guilty.
The principle of ______ dictates that the accused is presumed innocent until proven guilty.
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Explain the role of the Public Prosecution in a criminal lawsuit.
Explain the role of the Public Prosecution in a criminal lawsuit.
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Match the individuals/entities with their roles in a criminal case:
Match the individuals/entities with their roles in a criminal case:
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What is the purpose of a criminal lawsuit?
What is the purpose of a criminal lawsuit?
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If a person is mute, deaf, or unable to speak, a sign language interpreter is only required if writing down their responses is not possible.
If a person is mute, deaf, or unable to speak, a sign language interpreter is only required if writing down their responses is not possible.
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When a crime is committed, society gains the right to impose punishment on the offender through the initiation of a ______ lawsuit.
When a crime is committed, society gains the right to impose punishment on the offender through the initiation of a ______ lawsuit.
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Which of the following is NOT a reason why the status of "accused" could be removed?
Which of the following is NOT a reason why the status of "accused" could be removed?
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According to Emirati law, the terms "accused" and "suspect" are used interchangeably.
According to Emirati law, the terms "accused" and "suspect" are used interchangeably.
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What is the primary role of the Public Prosecution in the investigation stage of a criminal lawsuit?
What is the primary role of the Public Prosecution in the investigation stage of a criminal lawsuit?
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The initiation of a criminal lawsuit in Emirati law is marked by the first ______ action taken by the Public Prosecution.
The initiation of a criminal lawsuit in Emirati law is marked by the first ______ action taken by the Public Prosecution.
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What is the main difference between investigative procedures undertaken by the Public Prosecution and those by law enforcement officers with limited judicial authority?
What is the main difference between investigative procedures undertaken by the Public Prosecution and those by law enforcement officers with limited judicial authority?
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Investigative actions taken by law enforcement officers, such as an arrest, always signify the initiation of a criminal lawsuit.
Investigative actions taken by law enforcement officers, such as an arrest, always signify the initiation of a criminal lawsuit.
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Match the following terms with their correct definitions:
Match the following terms with their correct definitions:
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What are the three main reasons for the status of "accused" being removed?
What are the three main reasons for the status of "accused" being removed?
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What happens if the appeal deadline has already commenced before an amendment reduces the period?
What happens if the appeal deadline has already commenced before an amendment reduces the period?
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A defendant retains the right to appeal if a new law abolishes this right but the judgment was issued under the previous law.
A defendant retains the right to appeal if a new law abolishes this right but the judgment was issued under the previous law.
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What is the maximum time limit for filing an appeal against a judgment if the original period was 50 days and 20 days have already passed at the time of the amendment?
What is the maximum time limit for filing an appeal against a judgment if the original period was 50 days and 20 days have already passed at the time of the amendment?
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If a new law grants an appeal right after a judgment was issued, the defendant __________ acquire that right.
If a new law grants an appeal right after a judgment was issued, the defendant __________ acquire that right.
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In which scenario does the amendment to the appeal period apply?
In which scenario does the amendment to the appeal period apply?
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Amendments to procedures are applicable to cases where the judgment has already been rendered.
Amendments to procedures are applicable to cases where the judgment has already been rendered.
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What factor determines which law governs methods of appeal?
What factor determines which law governs methods of appeal?
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Under the old law, can a judgment that contradicts a previously established principle by the Supreme Court be appealed?
Under the old law, can a judgment that contradicts a previously established principle by the Supreme Court be appealed?
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If the new law prohibits appeals against Supreme Court judgments, an old judgment can still be appealed if it conflicts with previous rulings.
If the new law prohibits appeals against Supreme Court judgments, an old judgment can still be appealed if it conflicts with previous rulings.
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What is the primary role of judges in the criminal procedure law?
What is the primary role of judges in the criminal procedure law?
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Law enforcement agents with judicial authority are primarily responsible for ____________.
Law enforcement agents with judicial authority are primarily responsible for ____________.
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Match the following roles with their responsibilities in criminal procedures:
Match the following roles with their responsibilities in criminal procedures:
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Which category in criminal procedures has no investigative or evidence collection powers?
Which category in criminal procedures has no investigative or evidence collection powers?
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The Code of Criminal Procedure does not apply to retribution and blood money crimes.
The Code of Criminal Procedure does not apply to retribution and blood money crimes.
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What exception gives law enforcement agents with judicial authority some powers typically held by judges?
What exception gives law enforcement agents with judicial authority some powers typically held by judges?
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What is the primary role of law enforcement agents with limited judicial authority?
What is the primary role of law enforcement agents with limited judicial authority?
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The accusation stage involves verifying whether an incident is a criminal offense.
The accusation stage involves verifying whether an incident is a criminal offense.
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Who initiates the criminal lawsuit on behalf of society?
Who initiates the criminal lawsuit on behalf of society?
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The ______ stage is the final phase of the criminal lawsuit.
The ______ stage is the final phase of the criminal lawsuit.
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What constitutes the initiation of criminal proceedings?
What constitutes the initiation of criminal proceedings?
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The actions taken by law enforcement officials prior to the criminal proceeding initiation are considered part of formal criminal proceedings.
The actions taken by law enforcement officials prior to the criminal proceeding initiation are considered part of formal criminal proceedings.
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Match the stages of the criminal lawsuit with their descriptions:
Match the stages of the criminal lawsuit with their descriptions:
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The initiation stage involves verifying if there is ______ evidence to attribute an offense to the accused.
The initiation stage involves verifying if there is ______ evidence to attribute an offense to the accused.
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Flashcards
Amending Time Limits
Amending Time Limits
Changes to specified durations for legal processes under new laws.
Effective Date
Effective Date
The date when new legal provisions take effect.
Criminal Procedure Law
Criminal Procedure Law
Laws governing the legal process in criminal cases.
Commenced Time Limits
Commenced Time Limits
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Judgments Issued
Judgments Issued
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Right to Appeal
Right to Appeal
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New vs Old Law
New vs Old Law
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Pending Cases
Pending Cases
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Accused
Accused
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Suspect
Suspect
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Emirati Law on Accused
Emirati Law on Accused
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Public Prosecution
Public Prosecution
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Criminal Lawsuit Stages
Criminal Lawsuit Stages
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Initiation of Criminal Lawsuit
Initiation of Criminal Lawsuit
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Investigative Action
Investigative Action
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Role Distinction
Role Distinction
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Communication for the Mute/Deaf
Communication for the Mute/Deaf
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Sign Language Interpreter Usage
Sign Language Interpreter Usage
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Law Enforcement Translator Requirement
Law Enforcement Translator Requirement
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Presumption of Innocence
Presumption of Innocence
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Burden of Proof
Burden of Proof
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Role of Public Prosecution
Role of Public Prosecution
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Criminal Lawsuit Definition
Criminal Lawsuit Definition
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Goal of Criminal Lawsuits
Goal of Criminal Lawsuits
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Old law appeals limitation
Old law appeals limitation
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New law appeal provisions
New law appeal provisions
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Judgments under old law
Judgments under old law
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Categories in criminal procedures
Categories in criminal procedures
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Role of judges
Role of judges
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Public prosecution's function
Public prosecution's function
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Law enforcement agents' powers
Law enforcement agents' powers
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Public authorities' role
Public authorities' role
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Criminal Law vs. Criminal Procedure Law
Criminal Law vs. Criminal Procedure Law
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Civil Procedure Law
Civil Procedure Law
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Application of Criminal Procedure Law
Application of Criminal Procedure Law
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Exception to Criminal Procedure Law
Exception to Criminal Procedure Law
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Article 206
Article 206
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Competence of the Judge
Competence of the Judge
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Principles Unification Authority
Principles Unification Authority
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Pre-investigation Stage
Pre-investigation Stage
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Initiation of Criminal Proceedings
Initiation of Criminal Proceedings
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Accusation Stage
Accusation Stage
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Trial Stage
Trial Stage
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Judicial Authority
Judicial Authority
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Criminal Offense
Criminal Offense
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Limited Judicial Authority
Limited Judicial Authority
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Study Notes
Criminal Procedure Law
- This is a set of rules governing the procedures undertaken by competent authorities after a crime's commission
- Procedures include: detecting crime, gathering evidence, identifying perpetrators, trying perpetrators, and enforcing judgments.
Relationship Between Criminal Law and Criminal Procedure Law
- Criminal law focuses on the substantive aspect of crime (defining crimes and penalties)
- Criminal Procedure Law focuses on how criminal law and penal provisions are enforced
Differences Between Criminal Procedure and Civil Procedure Law
- Criminal Procedure Law governs procedures in criminal cases
- Civil Procedure Law governs procedures in civil, commercial, and other cases involving private relationships between individuals
When to Apply Criminal/Civil Procedure Law in Criminal Courts
- Generally, the Criminal Procedure Law applies to all cases heard before criminal courts, regardless of whether the case is criminal or civil.
Exceptions of Applying Civil Procedure Law in Criminal Cases
- Criminal Procedure Law explicitly provides rules that apply a Civil Procedure Law
- Criminal Procedure Law lacks provisions regarding a specific matter
Principle of Legality in Criminal Procedure Law
- "No crime and no punishment except by law"
- Corresponds to procedural legality
- Legislative authority sets criminal procedures and identifies judicial bodies responsible
Stages of Criminal Procedures/Stages of Criminal Lawsuit
- Pre-investigation stage (law enforcement, limited judicial authority)
- Investigation stage (Public Prosecution)
- Accusation/Prosecution stage (Public Prosecution)
- Trial stage (courts)
- Pre-investigation stage precedes the criminal lawsuit
Sources of Criminal Procedural Rules
- Constitution (e.g., freedom restrictions, parliamentary immunity)
- Ordinary laws (Criminal Procedure Law, Civil Procedure Law, other procedural laws)
- Regulations/Decisions (e.g., Federal Attorney General's decisions)
Scope of Application: Temporal Scope of the Criminal Procedure Law
- Criminal Procedure Law applies to procedures after its effective date, even if the crime occurred before it
- Exceptions: when there are more favorable provisions to the accused in Penal Code, or situations that had already commenced before the new law's effective date
Scope of Application: Exceptions
- Cases where pleadings were closed before the new law effective date regarding jurisdiction
- Cases where amendments alter time limits involving pre-existing time periods.
- Cases amending appeal methods for judgments before the new law's effective date
Subject-Matter Scope of Criminal Procedure Law
- Applies to all crimes in Penal Code and other laws
- Applies to retribution and blood money crimes, excluding where it conflicts with Islamic Sharia
Categories Involved in Criminal Procedures
- Judges (issuing judgments and other judicial functions)
- Public Prosecution (investigation, prosecution, overseeing execution of judgments)
- Law enforcement agents with judicial authority (carrying out investigations)
- Members of public authorities (executing judicial orders, without independent investigatory power)
General Provisions Related to Criminal Procedure Law
- No criminal penalty without proof of guilt
- Restrictions on arrests, searches, detentions, imprisonments, travel bans
- Detention/Imprisonment in specific locations, limited to specified periods
- Prohibited Torture/Degrading Treatment
- Evidence obtained through prohibited means is invalid
- Restrictions on disclosing victim's information for investigations
The Public Prosecution
- Exercises investigative and prosecutorial functions
- Initiates criminal lawsuits
- Pursues and manages the lawsuits after initiation
- Supervises law enforcement agents with limited judicial authority
The Defendant (The Accused)
- Individual subject to the legal processes of a criminal lawsuit
- Cases where "accused" status is removed: no grounds to proceed with actions, final acquittal issued, or termination of case.
Stages of Criminal Lawsuit - Continued
- Investigation stage
- Accusation stage
- Trial stage
Initiation of Criminal Proceedings
- Initiation is taken by the Public Prosecution for investigation or prosecution.
- Actions by law enforcement with limited authority are not considered the initiation of formal proceedings, but part of pre-investigation.
- Subject matter of proceedings is the specific crime committed.
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Description
Explore the essential rules and procedures of Criminal Procedure Law. This quiz covers the relationship between criminal law and criminal procedure law, key differences from civil procedure law, and when to apply these laws in criminal courts. Test your understanding of how these legal frameworks operate.