Can you put a case or investigation on hold if there is insufficient evidence?
Posted by Dr. Hassan Elhais on October 17th, 2021
The Federal law no. 35 of 1992 concerning the ‘criminal procedure law’, specifies the procedures for the prosecution of criminal cases in the UAE (‘Criminal procedure code’). The rules and procedures concerning investigation, trial procedure, evidence, judgment, appeal procedures and enforcement measures are stated in the criminal procedure code.
The public prosecution constitutes the judicial authority which is headed by the attorney general and followed by the hierarchy of senior advocate general, advocates general, chief prosecutors and prosecutors. The higher members in the hierarchy have the authority to both monitors and supervise their subordinates. As part of its responsibilities, the public prosecution is responsible for initiating and taking action on criminal cases on behalf of the society members, either by referring the criminal case to the court for trial or by issuing a decision of dismissal. Pursuant to Article 7 of the criminal procedure code, the Public Prosecution has exclusive jurisdiction to initiate and prosecute criminal proceedings. It also has the exclusive authority to track the criminal cases until a final judgement is rendered.
Collection of evidence:
In inspection and collection of evidence, various government departments are assigned with the said authority, including the police department, public prosecution and criminal court. Pursuant to article 30 of the criminal procedure code, the judicial police are tasked with the responsibility to inquire about crimes, search for the perpetrators and collection of necessary information and evidence as part of the criminal investigation. Further, the judicial police are answerable to the public proception office and are also under the direct supervision of the public prosecutor in the performance of their duties (Article 31).
When sufficient evidence exists:
Pursuant to article 45 of the criminal procedure code, when sufficient evidence exists concerning a given criminal complaint:
The judicial police officer may order the arrest of the accused, present and against whom there is enough evidence that he committed a crime, in any of the following instances:
1) In matter of felonies;
2) In suspected misdemeanours sanctioned by a penalty other than the fine;
3) In misdemeanours sanctioned by a penalty other than the fine, if the accused is put under surveillance or there is an apprehension of his escape;
4) In misdemeanours of theft, deceit, breach of trust, severe transgression, resistance by force to public authority officers, violation of public morals, misdemeanours concerning arms, ammunition, intoxicants and dangerous drugs.
In other instances:
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About the AuthorDr. Hassan Elhais
Joined: December 20th, 2020
Articles Posted: 358
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