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Questions and Answers

Which of the following scenarios would necessitate obtaining authorization from a competent authority before initiating criminal proceedings?

  • Initiating proceedings against a government employee for petty theft.
  • Investigating a traffic violation committed by a private citizen.
  • Filing a criminal case against a judge for alleged misconduct. (correct)
  • Prosecuting a member of the Public Prosecution for alleged corruption, without seeking permission from the Federal Judiciary Council.

If a court accepts a criminal case initiated without fulfilling the legal requirements for a complaint, request, or authorization, the judgment it issues is still valid.

False (B)

What are the three categories of restrictions on filing criminal proceedings?

complaint, request, and authorization

Restrictions on the Public Prosecution's authority to initiate criminal cases do not prevent pre-investigative procedures such as collecting information to verify the identity of the accused and the nature of the ______.

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

Match the following scenarios with the appropriate restriction required before initiating a criminal case:

<p>Domestic violence case where the victim is the spouse of the accused. = Complaint Investigating a high-ranking government official for corruption. = Request Filing charges against a judge for judicial misconduct. = Authorization</p> Signup and view all the answers

In a theft case between siblings, what initial action should law enforcement take to determine if restrictions apply?

<p>Collect information to confirm the existence of the familial relationship. (C)</p> Signup and view all the answers

If a complaint, request or authorization is submitted to the Public Prosecution, they are obligated to initiate a criminal case.

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

According to the content, who grants authorization or permission in cases involving individuals belonging to certain bodies?

<p>a specific authority</p> Signup and view all the answers

Which of the following best describes the legal effect of filing a complaint in the context of criminal proceedings?

<p>Restores the Public Prosecution's authority to initiate and pursue the criminal case until a judgment is issued. (C)</p> Signup and view all the answers

A report and a complaint have the same legal effect in initiating a criminal lawsuit.

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

Explain the primary rationale behind the legislator's decision to require a complaint from the victim to initiate a criminal case for certain crimes.

<p>The legislator believes the victim is better positioned to assess the appropriateness of legal action, especially when the crime affects familial ties or the victim's reputation.</p> Signup and view all the answers

A complaint is defined as an action initiated by the victim expressing their explicit intent to remove the ______ obstacle before the Public Prosecution.

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

Match the term with its correct description:

<p>Complaint = Action by victim to restore Public Prosecution's authority. Report = Informing Public Prosecution of a crime, anyone can do it. Public Prosecution's Authority = Power to initiate, file, and pursue criminal proceedings. Restriction of Complaint = Condition requiring victim's complaint to start proceedings.</p> Signup and view all the answers

In cases where the filing of a complaint is required, what is true regarding the offender's identity?

<p>It is not a requirement for filing a complaint that the offender is known to the victim or to anyone. (B)</p> Signup and view all the answers

Which scenario exemplifies a situation where requiring a complaint prior to initiating criminal proceedings is most justifiable?

<p>A minor theft between family members where the victim is hesitant to press charges. (B)</p> Signup and view all the answers

Once a judgment has been issued by the court, the Public Prosecution's authority, which was restored by the filing of a complaint, can be revoked by the victim.

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

Which scenario exemplifies a situation where filing a complaint lifts restrictions on the Public Prosecution's authority to initiate a criminal lawsuit?

<p>An individual receives a defamatory message and files a complaint without knowing the offender's identity. (B)</p> Signup and view all the answers

If the Public Prosecution conducts interrogations in a criminal case subject to the complaint requirement before a complaint is submitted, the procedures are considered valid.

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

According to the Criminal Procedure Law 2022, what is the primary consequence of restricting the Public Prosecution's authority by the complaint requirement?

<p>It is not permissible to initiate or file a criminal lawsuit.</p> Signup and view all the answers

In cases of consensual intercourse, the law explicitly states that the rightful parties to file the complaint are the husband, the wife, or the ______.

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

Which of the following scenarios falls under the crimes listed in Article 11 of the Criminal Procedure Law 2022 where the Public Prosecution's authority is restricted by the complaint requirement?

<p>An individual fails to pay court-awarded housing costs to their divorced spouse. (C)</p> Signup and view all the answers

Match the crime with the condition under which it becomes subject to the complaint requirement:

<p>Theft = The victim is the spouse, ascendant, or descendant of the perpetrator. Consensual sexual intercourse = As provided under Article 410 of the Penal Code of 2021. Failure to pay the alimony = Fees awarded by the Court. Insult = Defamation.</p> Signup and view all the answers

In which of the following scenarios would the Public Prosecution be unable to initiate a criminal lawsuit due to the complaint requirement?

<p>An individual publicly insults their neighbor during a heated argument. (B)</p> Signup and view all the answers

Who is typically considered the rightful party to file a complaint in cases where the Public Prosecution's authority is restricted?

<p>The victim, or a person legally authorized to act on their behalf.</p> Signup and view all the answers

In cases of consensual intercourse where the victim is under fifteen or has a mental disability, who is legally responsible for filing a complaint?

<p>The victim's legal guardian. (D)</p> Signup and view all the answers

If stolen property belongs to multiple individuals related to the perpetrator and only one files a complaint, the Public Prosecution can pursue the case even if the others do not.

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

According to the content, can the right to file a complaint be inherited after the victim's death? Answer with yes or no.

<p>no</p> Signup and view all the answers

When a father steals from his son who is under 15 years old, this creates a ______ of interest, which can affect who files the complaint.

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

Match the situation with the appropriate action regarding complaints:

<p>Victim passes away before filing a complaint = Public Prosecution cannot initiate the case Victim passes away after filing a complaint = Heirs are permitted to withdraw the complaint Multiple offenders involved in a crime = Complaint against one is considered against all Property-related crime = Complaint may be filed by the trustee or curator</p> Signup and view all the answers

Article 15 of the Criminal Procedure Law addresses situations in which a victim and their legal representative are in conflict. What is the primary implication of this article on the process of filing complaints?

<p>It enables the Public Prosecution to act as the guardian for the victim. (B)</p> Signup and view all the answers

In cases where multiple offenders are involved in a crime, a complaint must be filed against each offender individually to ensure prosecution.

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

In cases where the crime is committed in connection with property, besides the victim, who else can file the complaint?

<p>trustee or curator</p> Signup and view all the answers

In a scenario involving multiple offenders where a complaint is required for some but not all to initiate criminal proceedings, which of the following statements accurately reflects the application of the complaint requirement?

<p>The complaint requirement applies selectively to specific offenders based on their protected status, such as spouses or children, while others like servants are not covered. (A)</p> Signup and view all the answers

Submitting a civil lawsuit concerning the same incident related to the crime constitutes the submission of a valid criminal complaint.

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

According to the guidelines, what is the latest acceptable form for submitting a criminal complaint, besides written form?

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

To restore the Public Prosecution's authority to initiate a case, any expression indicating the victim's desire to initiate the case is sufficient, even without using the term ______.

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

What condition invalidates a complaint, preventing the Public Prosecution from initiating a criminal case?

<p>When the complaint is contingent upon the occurrence or non-occurrence of a future event. (D)</p> Signup and view all the answers

The right to file a complaint is forfeited if the victim does not file within three months from the date of the crime, regardless of when the victim becomes aware of the crime and its perpetrator.

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

A victim became aware of a property crime on June 1st, but only identified the perpetrator on July 15th. Until what date can the victim file a valid complaint?

<p>October 15th (B)</p> Signup and view all the answers

Match each authority to the type of complaint submission they can accept:

<p>Competent Law Enforcement Agent with Limited Judicial Authority = Accepts complaints Public Prosecution = Accepts complaints Any present public authority agent in cases of flagrante delicto = Accepts complaints</p> Signup and view all the answers

Which of the following best describes the general rule regarding the Public Prosecution's authority to initiate criminal cases?

<p>The Public Prosecution has the exclusive authority to initiate, file, and pursue criminal proceedings before the criminal courts. (A)</p> Signup and view all the answers

The restrictions on the Public Prosecution's authority to initiate criminal cases are flexible and can be expanded at the discretion of the courts.

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

What is the primary rationale behind restricting the Public Prosecution's authority in specific criminal cases?

<p>To balance the interests of society and the accused, and to protect the interests of victims or safeguard the independence of certain entities.</p> Signup and view all the answers

In cases where the victim is the spouse of the perpetrator, a _______ is required in crimes like theft or fraud to initiate criminal proceedings.

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

Match the type of restriction on public prosecution with its corresponding description:

<p>Complaint = Filed by the victim in specific types of crimes if the victim is the spouse of the perpetrator or one of their ascendants or descendants. Request = Issued by a designated entity such as the Director General of the Federal Tax Authority in tax crimes.</p> Signup and view all the answers

Which consideration typically guides the decision to restrict the Public Prosecution's authority in certain cases?

<p>To protect the interests of the victim or safeguard the independence of certain entities. (C)</p> Signup and view all the answers

The Director General of the Federal Tax Authority can issue a complaint to initiate criminal cases related to tax crimes.

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

Which of the following is an example of a situation where a 'request' would be required to initiate criminal proceedings?

<p>Tax crimes, where the Director General of the Federal Tax Authority must submit a written request. (A)</p> Signup and view all the answers

Flashcards

Public Prosecution Authority

The Public Prosecution generally has the power to start criminal cases as society's representative.

Restrictions on Prosecution

Sometimes, the law limits the Public Prosecution's power, requiring action from specific people or groups before starting a case.

Rationale for Restrictions

Limits on prosecution power balances society's interests with the rights of the accused.

Complaint (Restriction Type)

A 'complaint' restricts the Public Prosecution. The victim must file it in certain crimes like theft or fraud, especially involving family.

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Complaint: Family Crimes

Certain crimes require the victim to file a complaint, especially if the offender is a spouse or relative.

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Request (Restriction Type)

A designated entity, such as the Director General of the Federal Tax Authority, must issue a 'request'.

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Request: Tax Crimes Example

For tax crimes under Law No. 28 of 2022, the Federal Tax Authority's Director General must submit a written request.

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Tax Crimes and Prosecution

This restriction requires a written request from the Director General of the Federal Tax Authority to start criminal cases related to tax crimes.

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Complaint (Legal Definition)

An action by the victim expressing intent to remove the procedural obstacle before the Public Prosecution, enabling criminal proceedings.

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Legal Effect of Filing a Complaint

Restores the Public Prosecution's authority to start and continue the criminal case until a judgment is made.

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Complaint vs. Report (Crime Reporting)

A crime is reported to allow the Public Prosecution perform their duties whereas, a complaint removes restrictions, allowing prosecution to proceed.

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Rationale for Complaint Requirement

To allow the victim to decide if legal action is appropriate, especially in family-related crimes.

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Crimes and Victim's Interests

In some cases, certain crimes affect the victim's interests more than they affect the interests of society.

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Complaint from the victim

Initiating a criminal case is conditioned on a complaint from the victim.

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Complaint and unknown offenders

No, filing a complaint that the offender is known to the victim or to anyone.

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Report's effect

Merely to inform the Public Prosecution of the occurrence of a crime so that it can perform its duties.

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Authorization (Permission)

Permission from a specific authority needed to start proceedings against certain individuals.

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Three restrictions on filing criminal proceedings

Complaint, request, and authorization.

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Consequence of ignoring restrictions

The court must reject the case; any judgment is null and void.

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Do restrictions stop all actions?

No, it doesn't prevent pre-investigative procedures to collect information.

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Purpose of pre-investigative procedures

Verifying identity and the nature of the charge.

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Ascendant/Spouse Theft

Law enforcement needs to gather information to confirm if a familial relationship exists.

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Effect of submitting restrictions

The Public Prosecution regains its authority to file or not file the criminal case.

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Does submission guarantee a case?

No, it does not obligate the Public Prosecution to initiate the case.

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Complaint Requirement

The Public Prosecution cannot initiate the lawsuit without a formal complaint from the victim.

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Restriction on Initiation

Initiating a criminal lawsuit or taking investigative actions is not allowed.

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Consequence of Non-Compliance

Procedures by the Public Prosecution are invalid if the complaint is missing.

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Crimes Subject to Complaint

Theft, fraud, breach of trust, and concealment among family members; abstention from handing over a child; failure to pay alimony; insult and defamation; consensual sexual intercourse.

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Theft Exception

When the victim is the spouse, ascendant, or descendant of the perpetrator.

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Who Files a Complaint?

The victim, or someone legally authorized to represent them.

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Consensual Intercourse Complaint

Husband, wife, or guardian.

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Complaint Effect

Filing a complaint lifts restrictions on the Public Prosecution's ability to begin a criminal lawsuit.

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Victims in Consensual Intercourse

In cases of consensual intercourse with underage or mentally disabled victims, the husband, wife, or guardian could be considered victims as well.

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Complaint by Legal Guardian

If a victim is under 15 or mentally disabled, their legal guardian files the complaint on their behalf.

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Complaint by Trustee/Curator

For crimes against property, the trustee or curator can file the complaint.

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Public Prosecution as Guardian

The Public Prosecution acts as the guardian for those without a legal guardian, concerning the filing of complaints.

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Conflict of Interest

If a conflict of interest exists between the victim and their legal representative, the Public Prosecution takes over.

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One Complaint Sufficient

If one victim files a complaint, it restores the Public Prosecution's authority to pursue the case, even if other victims don't file.

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Complaint Not Inheritable

The right to file a complaint is not inheritable; if the victim dies, the Public Prosecution cannot initiate the case.

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Complaint Against All Offenders

A complaint filed against one offender is considered filed against all offenders in the crime.

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Complaint Submission

Submission to law enforcement, prosecution, or, in flagrante delicto, any public authority.

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Invalid Complaint Submissions

Filing a civil lawsuit or an administrative complaint does NOT qualify as submitting a criminal complaint.

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Complaint Form

A complaint can be oral or written; no specific format or wording ('complaint') is required.

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Conditional Complaint

A complaint must be unconditional to be valid.

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Complaint Deadline

The victim loses the right to file a complaint if it's not done within three months of knowing the crime AND the perpetrator.

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Multiple Offenders

If multiple offenders are involved, complaint requirements applies only to those legally requiring it (e.g., spouse, child).

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Complaint Filing Timeframe

Three months from awareness of the crime and perpetrator.

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Losing Right to Complain

The right is lost, and the criminal case cannot be initiated.

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Study Notes

  • Public Prosecution has the exclusive authority to initiate, file, and pursue criminal proceedings, representing society's interest in criminal matters before the criminal courts.
  • The legislator restricts the Public Prosecution's authority to initiate and file criminal proceedings in specific cases.
  • Restrictions exist because the legislator believes certain individuals or entities should decide to initiate, refrain from initiating, or file criminal proceedings.
  • Restrictions balance the interests of society and the accused, often protecting victims or safeguarding the independence of specific entities.
  • Specific actions are legally required for the Public Prosecution to regain its authority in restricted cases, which are defined by law.
  • Criminal proceedings are considered the property of society, which is why the agent of the social body initiates their conduct

Forms of Restrictions on Filing Criminal Proceedings

  • The forms are complaints, requests, and authorizations.
  • Filing restrictions do not prevent pre-investigative procedures for information collection to determine whether a complaint, request, or permission is needed.
  • Public Prosecution regains case authority upon complaint, request, or permission submission, without obligation to initiate it.
  • Restrictions are listed exhaustively.

Complaint

  • A complaint is an action by the victim that expresses explicit intent to remove the obstacles that obstruct their case, enabling pursuit of criminal proceedings.
  • The UAE judiciary defines a complaint as an action by which a victim, or their legal representative, expresses their desire to initiate criminal proceedings.
  • The legal effect of filing complaint restores the Public Prosecution's authority to initiate and pursue the case until a judgment is issued.
  • The goal of placing emphasis on a victims complaint is to encourage more legal action towards punishments for crimes when the victim's interests are more heavily affected.
  • A person can file a complaint without knowing who the offender is.

Complaint vs. Report

  • A complaint removes restrictions on the Public Prosecution's authority to initiate, while a report merely informs the Public Prosecution of a crime.
  • Anyone can submit a report, even if they are not a victim.

Consequences of Complaint Requirement

  • You can't initiate or file a criminal lawsuit without one.
  • The Public Prosecution's procedures regarding a case will be considered null if the requirement is not fulfilled.

Scope of the Complaint Requirement

  • Crimes for which the Public Prosecution's authority is restricted.by Article 11 of the Criminal Procedure Law 2022:
  • Theft, fraud, breach of trust, and concealment of items, if the victim is related to the perpetrator or the items have no encumbrances
  • Abstention from handing over the child to the person who has custody
  • Failure to pay Court fees
  • Insult and Defamation
  • Other crimes explicitly stipulated by law such as Article 410 of the Penal Code of 2021

Filing a Complaint

  • To file a complaint, it rests on the victim or a person legally authorized to act on their behalf (the victim's special legal representative).
  • If a victim hasn't completed fifteen years of age or has a mental disability, the complaint shall be filed on his / her behalf by his / her legal guardian.
  • The trustee or curator will file the complaint if the crime is committed in connection with property.
  • When there is no legal guardian the Public Prosecution should act as guardian
  • The submission of a complaint by one of the victims restores the Public Prosecution's authority to initiate, even if other victims choose not to file complaints.
  • The right is not inheritable after the victim is deceased.
  • Heirs are allowed to withdraw complaints following the death of the victim.
  • The victim files the complaint against the individual accused of committing the crime, the complaint requirement applies only to the spouse and the child but not the servant.

Complaint Submissions

  • A complaint must be submitted to:
  • The competent law enforcement agent with limited judicial authority.
  • The Public Prosecution.
  • Any present public authority agent in cases of flagrante delicto.

Characteristics of a Complaint

  • Filing a civil lawsuit is not a substitute for the same criminal incident.
  • Filing with an administrative authority doesn't qualify as the real thing.
  • A complaint can be submitted orally, if it is not written
  • A term isn't needed.
  • Must not be conditional.

Right to File Forfeiture

  • According to Article 11, the victim must file the complaint within three months from awareness of the crime and perpetrator, or the right is lost with the criminal no longer at risk.
  • The three-month period is calculated after learning crime and identity.
  • A husband can commit the misdemeanor of consensual sexual intercourse and the wife becomes aware of it only after six years

Withdrawal of Complaint

  • According to Article 17 of the Criminal Procedure Law, the person filing may withdraw the complaint at any time before a judgment is issued.
  • After death, the right is transferrable to heirs.
  • The withdrawal of a filed complaint results in the termination of the criminal case, but does not affect the civil case for the recovery of civil rights unless explicitly stated by the rightful party.
  • All must agree, and the provision does not necessitate the use of the term "withdrawal" to lift Public Prosecution restriction
  • If a condition isn't completely satisfied, unless conditions are void.
  • Withdrawal has occurred, the Public Prosecution is required to suspend the execution of the sentence and release the convicted individual, even with multiple defendants.
  • If a husband commits the crime of forgery to defraud his wife and take her money, and the wife withdraws her complaint regarding the fraud, this results in the termination of the criminal case for fraud but not for forgery.

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