Criminal Procedure Law (slide 1.ppt, slide 2.ppt & 3.ppt)
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Questions and Answers

Which of the following is NOT a step involved in criminal procedure?

  • Identifying the perpetrator
  • Enforcing judgments
  • Negotiating a plea bargain (correct)
  • Gathering Evidence
  • 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?

    Defining crimes and specifying penalties.

    The ____ Procedure Law regulates how the criminal law is practically applied.

    <p>Criminal</p> Signup and view all the answers

    In cases heard before criminal courts, which law generally governs the procedures?

    <p>The Criminal Procedure Law (D)</p> Signup and view all the answers

    Match the following legal terms with their corresponding definitions:

    <p>Criminal Law = Rules governing procedures in criminal cases Criminal Procedure Law = Rules defining crimes and specifying penalties Civil Procedure Law = Rules governing procedures in civil cases Penal Provisions = Laws and regulations related to punishment</p> Signup and view all the answers

    The Civil Procedure Law is always applied in cases heard before criminal courts.

    <p>False (B)</p> Signup and view all the answers

    Give one example of a situation where the Civil Procedure Law can be applied in cases before criminal courts.

    <p>When the Criminal Procedure Law explicitly provides for the application of the Civil Procedure Law.</p> Signup and view all the answers

    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.

    <p>True (A)</p> Signup and view all the answers

    Who bears the burden of proof in criminal cases?

    <p>The Public Prosecution (B)</p> Signup and view all the answers

    The principle of ______ dictates that the accused is presumed innocent until proven guilty.

    <p>presumption of innocence</p> Signup and view all the answers

    Explain the role of the Public Prosecution in a criminal lawsuit.

    <p>The Public Prosecution initiates and carries out the criminal lawsuit on behalf of society to ensure that crimes are investigated, offenders are identified, and appropriate penalties are imposed.</p> Signup and view all the answers

    Match the individuals/entities with their roles in a criminal case:

    <p>Accused = The person suspected of committing the crime Witness = An individual who provides information relevant to the case Public Prosecution = Represents society in pursuing justice for crimes Defense Attorney = Represents the accused and protects their legal rights</p> Signup and view all the answers

    What is the purpose of a criminal lawsuit?

    <p>To impose punishment on the offender (B)</p> Signup and view all the answers

    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.

    <p>False (B)</p> Signup and view all the answers

    When a crime is committed, society gains the right to impose punishment on the offender through the initiation of a ______ lawsuit.

    <p>criminal</p> Signup and view all the answers

    Which of the following is NOT a reason why the status of "accused" could be removed?

    <p>The accused successfully appeals a guilty verdict. (D)</p> Signup and view all the answers

    According to Emirati law, the terms "accused" and "suspect" are used interchangeably.

    <p>True (A)</p> Signup and view all the answers

    What is the primary role of the Public Prosecution in the investigation stage of a criminal lawsuit?

    <p>The Public Prosecution acts as the investigative authority, initiating the lawsuit and conducting investigative actions like arrests, searches, interrogations, and pretrial detentions.</p> Signup and view all the answers

    The initiation of a criminal lawsuit in Emirati law is marked by the first ______ action taken by the Public Prosecution.

    <p>investigative</p> Signup and view all the answers

    What is the main difference between investigative procedures undertaken by the Public Prosecution and those by law enforcement officers with limited judicial authority?

    <p>The Public Prosecution has the power to initiate criminal lawsuits, while law enforcement officers do not. (B)</p> Signup and view all the answers

    Investigative actions taken by law enforcement officers, such as an arrest, always signify the initiation of a criminal lawsuit.

    <p>False (B)</p> Signup and view all the answers

    Match the following terms with their correct definitions:

    <p>Accused = A person suspected of committing a crime but not yet formally charged. Suspect = A person against whom criminal legal measures are taken. Public Prosecution = The authority responsible for investigating and initiating criminal lawsuits. Investigation Stage = The starting point of a criminal lawsuit, initiated by the Public Prosecution.</p> Signup and view all the answers

    What are the three main reasons for the status of "accused" being removed?

    <p>The status of &quot;accused&quot; can be removed when the Public Prosecution decides not to proceed with charges, when the accused is acquitted in court, or when the case is terminated due to reasons like the death of the accused or the statute of limitations expiring.</p> Signup and view all the answers

    What happens if the appeal deadline has already commenced before an amendment reduces the period?

    <p>The original time limit remains in effect. (A)</p> Signup and view all the answers

    A defendant retains the right to appeal if a new law abolishes this right but the judgment was issued under the previous law.

    <p>True (A)</p> Signup and view all the answers

    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?

    <p>30 days</p> Signup and view all the answers

    If a new law grants an appeal right after a judgment was issued, the defendant __________ acquire that right.

    <p>does not</p> Signup and view all the answers

    In which scenario does the amendment to the appeal period apply?

    <p>If no judgment has been issued and the case is still pending. (D)</p> Signup and view all the answers

    Amendments to procedures are applicable to cases where the judgment has already been rendered.

    <p>False (B)</p> Signup and view all the answers

    What factor determines which law governs methods of appeal?

    <p>The law in force at the time the judgment is issued.</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Amendment = A change in existing laws or provisions. Appeal = A request to review a decision made by a lower court. Judgment = The final decision made by a court. Time Limit = The maximum period allowed for taking legal action.</p> Signup and view all the answers

    Under the old law, can a judgment that contradicts a previously established principle by the Supreme Court be appealed?

    <p>No, appeals against such judgments are not permitted. (C)</p> Signup and view all the answers

    If the new law prohibits appeals against Supreme Court judgments, an old judgment can still be appealed if it conflicts with previous rulings.

    <p>True (A)</p> Signup and view all the answers

    What is the primary role of judges in the criminal procedure law?

    <p>Issuing criminal judgments and extending pretrial detention.</p> Signup and view all the answers

    Law enforcement agents with judicial authority are primarily responsible for ____________.

    <p>detecting crimes</p> Signup and view all the answers

    Match the following roles with their responsibilities in criminal procedures:

    <p>Judges = Issuing criminal judgments and pretrial detention Members of the Public Prosecution = Investigative procedures and prosecution Law enforcement agents with judicial authority = Detecting crimes and gathering evidence Members of the public authorities = No investigative powers</p> Signup and view all the answers

    Which category in criminal procedures has no investigative or evidence collection powers?

    <p>Members of the public authorities (A)</p> Signup and view all the answers

    The Code of Criminal Procedure does not apply to retribution and blood money crimes.

    <p>False (B)</p> Signup and view all the answers

    What exception gives law enforcement agents with judicial authority some powers typically held by judges?

    <p>In exceptional cases, they can carry out arrest and search.</p> Signup and view all the answers

    What is the primary role of law enforcement agents with limited judicial authority?

    <p>Detecting crimes and collecting evidence (D)</p> Signup and view all the answers

    The accusation stage involves verifying whether an incident is a criminal offense.

    <p>False (B)</p> Signup and view all the answers

    Who initiates the criminal lawsuit on behalf of society?

    <p>Public Prosecution</p> Signup and view all the answers

    The ______ stage is the final phase of the criminal lawsuit.

    <p>trial</p> Signup and view all the answers

    What constitutes the initiation of criminal proceedings?

    <p>An investigative action by the Public Prosecution (A)</p> Signup and view all the answers

    The actions taken by law enforcement officials prior to the criminal proceeding initiation are considered part of formal criminal proceedings.

    <p>False (B)</p> Signup and view all the answers

    Match the stages of the criminal lawsuit with their descriptions:

    <p>Pre-investigation = Focuses on crime detection and evidence collection Accusation = Bringing the lawsuit before the judiciary Trial = Final judgment issuance Initiation = Investigation actions taken by Public Prosecution</p> Signup and view all the answers

    The initiation stage involves verifying if there is ______ evidence to attribute an offense to the accused.

    <p>sufficient and appropriate</p> Signup and view all the answers

    Flashcards

    Amending Time Limits

    Changes to specified durations for legal processes under new laws.

    Effective Date

    The date when new legal provisions take effect.

    Criminal Procedure Law

    Laws governing the legal process in criminal cases.

    Commenced Time Limits

    Time periods that have already started before a law change.

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    Judgments Issued

    Court decisions made before the effective date of new laws.

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    Right to Appeal

    Legal entitlement to challenge a court judgment.

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    New vs Old Law

    The comparison between current laws and previous laws' rules.

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    Pending Cases

    Legal cases that are still under consideration by the court.

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    Accused

    A person against whom investigative measures are taken during a criminal investigation.

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    Suspect

    A person considered to possibly be involved in a crime before any investigation is initiated.

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    Emirati Law on Accused

    Under Emirati law, all individuals under investigation or trial are called 'accused'.

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    Public Prosecution

    The judicial authority responsible for initiating criminal lawsuits and conducting investigations.

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    Criminal Lawsuit Stages

    The process of a criminal case which begins with the investigation stage led by Public Prosecution.

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    Initiation of Criminal Lawsuit

    Occurs when the Public Prosecution takes the first investigative action against an alleged crime.

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    Investigative Action

    Any action like arrest or search undertaken by authorities to gather evidence in a criminal case.

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    Role Distinction

    Differentiation between the Public Prosecution and law enforcement officers in investigative procedures.

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    Communication for the Mute/Deaf

    Questions for mute, deaf, or speech-impaired individuals must be written down and recorded.

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    Sign Language Interpreter Usage

    A sign language interpreter must be used if writing isn't possible for communication.

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    Law Enforcement Translator Requirement

    Law enforcement can enlist sworn translators to assist with cases.

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    Presumption of Innocence

    Accused individuals are not responsible for proving innocence; the prosecution must prove guilt.

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    Burden of Proof

    The obligation to prove guilt falls on the party asserting it, usually the prosecution.

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    Role of Public Prosecution

    The Public Prosecution initiates criminal lawsuits on behalf of society against offenders.

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    Criminal Lawsuit Definition

    A formal legal action initiated to impose punishment on someone for a crime.

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    Goal of Criminal Lawsuits

    The objective is to attribute a crime to an offender and present them for punishment.

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    Old law appeals limitation

    Old law typically did not permit appeals against Supreme Court judgments, even if they conflicted with earlier rulings.

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    New law appeal provisions

    The new law allows appeals against Supreme Court judgments that contradict previous rulings.

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    Judgments under old law

    Judgments issued under the old law cannot be appealed based on provisions of the new law.

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    Categories in criminal procedures

    There are four main categories of individuals involved in criminal procedures: judges, public prosecution, law enforcement with judicial authority, and public authorities.

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    Role of judges

    Judges issue criminal judgments and can extend pretrial detention.

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    Public prosecution's function

    Members of the Public Prosecution handle investigations, prosecutions, and oversee criminal judgments' executions.

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    Law enforcement agents' powers

    Law enforcement agents (e.g., police) can detect crimes and may have limited judicial authority in exceptional cases.

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    Public authorities' role

    Members of public authorities have no powers for investigations or evidence collection within criminal procedures.

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    Criminal Law vs. Criminal Procedure Law

    Criminal law defines crimes and penalties, while criminal procedure law regulates the application of these laws.

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    Civil Procedure Law

    It governs the procedural rules for civil, commercial, and private relationship cases.

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    Application of Criminal Procedure Law

    This law applies to all cases in criminal courts, including civil cases presented there.

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    Exception to Criminal Procedure Law

    Civil Procedure Law applies when specifically provided by criminal procedure rules or if gaps exist.

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    Article 206

    An example provision allowing civil procedure rules regarding judge's competence to apply in criminal cases.

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    Competence of the Judge

    Refers to the judge's authority to hear a case as dictated by civil procedure in certain criminal contexts.

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    Principles Unification Authority

    Regulates principles across federal and local judicial authorities in cases lacking specific criminal provisions.

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    Pre-investigation Stage

    The phase before initiating a criminal lawsuit focused on crime detection and evidence gathering.

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    Initiation of Criminal Proceedings

    The beginning of legal actions by Public Prosecution through investigative actions like arrest and search.

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    Accusation Stage

    The phase where the lawsuit is brought before the judiciary by the Public Prosecution.

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    Trial Stage

    The final phase of a criminal lawsuit where evidence is presented and a judgment is made.

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    Judicial Authority

    The power granted to law enforcement agents to perform certain legal actions under the law.

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    Criminal Offense

    An act that is punishable by law and qualifies for criminal proceedings.

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    Limited Judicial Authority

    The restricted power of some law enforcement officials to conduct specific actions like arrests under set conditions.

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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)
    • 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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    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.

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