Category: Criminal Law

Advantages of hiring a Criminal Defense Lawyer in UAE.

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It can be quite distressing when you are struck in the mid of any criminal case within UAE .As per law in UAE, everybody deserves a fair chance to defend themselves in the court of law Especially when you are in expatriate dealing with this cases can be really stressful .It is very important to hire a experienced professional criminal defense lawyer beside you so that he can take care of the paper work and procedures involved  right from the first police visit to the trial in courts. It can be really overwhelming and intimidating for a common man to go ahead with the case proceedings in UAE. However, hiring an expert defense lawyer can be encouraging.

Below are the effective advantages of hiring a defense lawyer: –

  • Criminal lawyers are specialist:

Criminal lawyers all over UAE have thorough understanding of the regional and legal framework. Even though they are specialized in analyzing cases and evidence for weakness, errors, and create potential defense strategies, they are well experienced and trained too.

  • Understanding court procedures:

 The criminal defense attorneys in UAE understands the procedural law. An experienced criminal lawyer will be able to figure out any errors into the court proceedings and can help you lead the case on the wright track.

  • Design strong strategies:

It all depends on the cases that what strategies can be used achieve success. The criminal lawyers evaluate all the events and existing set of circumstances, and build strong strategies. And after considering all the factors the criminal lawyers develop solid argument to win the case.

  • Reducing Heavy penalties:

Prosecutors are sometimes harsh to the alleged defendants due which Being innocent and falsely accused does not guarantee you relief from the penalty or jail term. Prosecutors always have a willingness that defendants get maximum punishment. A well experienced criminal defense lawyer will understand these kinds of tactics and will protect the client from heavy penalties and false charges.

  • Takes immediate action and overcomes the risk:

As soon as action against the criminal charges are taken the probability of success increases.  Hiring a criminal attorney will ensure that he/she will take prompt actions and help in overcoming the risk associated with the case.

  • Damage control:

People end up into huge mess because they don’t hire lawyer in initial stages. Once you hire a lawyer, every single decision is passed after the legal counsel, which elevates your case to the same level as your prosecutor.

  • Constant moral support:

 Hiring an experienced criminal defense attorney will prove to be a wise financial decision. It may be expensive but will results in long-term financial benefits. Each criminal case may invite heavy fines, court charges, charges related to prison time/bail, and other miscellaneous fees.an attorney knows how to manage all the expenses wisely. Thus, hiring a defense attorney proves to be a financially sound decision in the long run.

Anti-discrimination in UAE

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No discrimination against ‘People of Determination’ in public and private sectors.

As per the Resolution No. 43 of 2018 in support of the ‘people of determination’ it is their aim to support the rights of ‘people of determination’ specifically in the employment field wherein they can have access to the opportunities in the labor market.

 To protect the rights of ‘people of determination’ the government entities are the concerned one for the resolution and they also make sure the right to work on an equal basis with others are not being discriminated.

The resolution also focuses on  the need to provide working and health conditions for ‘people of determination,’ and it also ensures that their services are not getting terminated as well they are not being forced for retirement due to any disability unless the person has reached the specific retirement age either it is declared by the  competent medical committee decision stating they are not fit to work.

Furthermore, it stipulates that the private sector should be encouraged to integrate ‘people of determination’ into their institutions and grant them exemptions and privileges.

Protection from abuse policy ‘People of Determination’

The  People of Determination Protection from Abuse Policy is utilized in all forms neglect and abuse of people of determination. This elaborates on depriving the people of determination from their basic rights to care, rehabilitation, medical care, recreation or community integration.  It also condemns using such people to get material profits and not spend on them.

Role of Police and Public Prosecution in Criminal Case

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The prime responsibility of police is to safe guard the public. Initially it is their duty to take statements from complaints and witnesses, arrest, suspects, carry out investigations as well as execute orders from public prosecution to assist the investigation process.

The criminal action can be taken once the complaint is filed with the local police in the jurisdiction according to the committed offence.

The police may take the statements of any parties involved during the time of investigation. However, within 48 hours of the complaint being filed, the local police refer the matter to the prosecutor’s office.

The accused must be questioned with 24 hours by the public prosecution and then the order can be released either to arrest or release as per Article 47 of the law.

Article (47)

The judicial police officer must hear the deposition of the accused immediately upon his arrest, apprehension and arraignment and if he does not submit proof of his innocence, he shall be sent, within forty-eight hours to the competent public prosecution.

The public prosecution shall interrogate the accused within twenty-four hours then it shall order either his arrest or his release.

Rights and obligations of individual in criminal cases

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The judicial system of UAE respects the dignity of people. As per the procedure of criminal law it is presumed that unless proven guilty the accused remains innocent. Therefore, there are certain procedures when it comes to dealing with criminal case. They are as follows: –

  • According to the law, Until the  accused person is proven guilty there won’t be any criminal penalty imposed on anyone.
  • As per the conditions mentioned in the law and prevailing the circumstances no one may be searched, arrested, detained or imprisoned.
  • According to the period mentioned in the warrant issued by the competent authority Detention or imprisonment may only take place in the designated place for the specific purpose.
  •  in case of seeking assistance from the resident, Law enforcement authorities such as police may not enter into any place of residence unless there is a specific circumstance wherein there is a possibility of a serious threat to the person life or property.
  • If there is no complaint registered optionally, whoever comes to know about the occurrence of the crime upon placing the request it has to be reported to the public prosecution or judicial officers so that the action against the person can be taken
  • Anyone who witnesses the offender committing a felony or misdemeanor should hand him over to the nearest public authority without the need for an arrest warrant.
  • Due to the harmful accusation made by the victim the accused can ask the court to compensate him for the prejudice suffered.