Proceedings
Federal Decree by Law No. 38 of 2022, Promulgating the Criminal Procedures Law specifies the procedures for criminal cases in the UAE. It comprises a set of rules that describe the methodology and procedures for criminal investigation, the trial of accused, rendering judgement, conditions for appealing judgement at upper courts, and the enforcement of judgement.
1. Scope of the law
Federal Law No. 38 of 2022 governs criminal procedures in the UAE and covers all crimes punishable by law, including retribution (Qisas) and blood money (Diyah), unless otherwise stipulated by law. Its provisions apply to criminal cases and procedures that were not concluded before the law came into effect.
2. Jurisdiction of the Public Prosecution
The Public Prosecution alone has the right to file criminal charges, initiate procedures, conduct investigations, and follow up until a final judgment is issued as per Article 9.
The Public Prosecution is also responsible for following up on the extradition of criminals according to international agreements, in cooperation with relevant international authorities such as Interpol. In crimes affecting the interests of the Union, the federal jurisdiction of the Public Prosecution extends across the entire country.
3. Filing a complaint in certain crimes
In certain crimes, such as theft, fraud, breach of trust, concealment of items obtained from these crimes, disputes regarding the delivery of minors, slander, defamation, and other crimes specified by law, the victim or their legal representative must submit a written or oral complaint to initiate a criminal case, as per Article 11.
A complaint cannot be accepted after three months from the date the victim became aware of the crime and the perpetrator, unless the law provides otherwise.
If the perpetrator is caught in the act, the complaint can be submitted to a public authority officer present at the crime scene.
If there are multiple victims, it is sufficient for one of them to submit the complaint. If there are multiple accused, the complaint submitted against one of them is considered directed at all of them.
If the victim is under 15 years old, mentally incapacitated, or the crime is against their property, the complaint is submitted by their guardian or legal representative.
If the interests of the victim conflict with the interests of his/her representative, or if the victim has no representative, the Public Prosecution acts on his/her behalf as per Articles 12 to15.
4. Investigation procedures and language
Article 8 states that all investigation and trial procedures are conducted in Arabic.
If the accused, witness, or any party does not speak Arabic, an official translator or an approved technical means is used.
If the person cannot hear or is unable to speak, his/her statements are recorded in writing or with the assistance of a sign language interpreter.
5. Latest developments and additions
Under Articles 414‑427, the law added provisions relating to:
1. criminal settlement before the final judgment
2. electronic monitoring of the accused in certain cases
3. remote procedures and the use of digital technologies in investigation and trial.
1. Scope of the law
Federal Law No. 38 of 2022 governs criminal procedures in the UAE and covers all crimes punishable by law, including retribution (Qisas) and blood money (Diyah), unless otherwise stipulated by law. Its provisions apply to criminal cases and procedures that were not concluded before the law came into effect.
2. Jurisdiction of the Public Prosecution
The Public Prosecution alone has the right to file criminal charges, initiate procedures, conduct investigations, and follow up until a final judgment is issued as per Article 9.
The Public Prosecution is also responsible for following up on the extradition of criminals according to international agreements, in cooperation with relevant international authorities such as Interpol. In crimes affecting the interests of the Union, the federal jurisdiction of the Public Prosecution extends across the entire country.
3. Filing a complaint in certain crimes
In certain crimes, such as theft, fraud, breach of trust, concealment of items obtained from these crimes, disputes regarding the delivery of minors, slander, defamation, and other crimes specified by law, the victim or their legal representative must submit a written or oral complaint to initiate a criminal case, as per Article 11.
A complaint cannot be accepted after three months from the date the victim became aware of the crime and the perpetrator, unless the law provides otherwise.
If the perpetrator is caught in the act, the complaint can be submitted to a public authority officer present at the crime scene.
If there are multiple victims, it is sufficient for one of them to submit the complaint. If there are multiple accused, the complaint submitted against one of them is considered directed at all of them.
If the victim is under 15 years old, mentally incapacitated, or the crime is against their property, the complaint is submitted by their guardian or legal representative.
If the interests of the victim conflict with the interests of his/her representative, or if the victim has no representative, the Public Prosecution acts on his/her behalf as per Articles 12 to15.
4. Investigation procedures and language
Article 8 states that all investigation and trial procedures are conducted in Arabic.
If the accused, witness, or any party does not speak Arabic, an official translator or an approved technical means is used.
If the person cannot hear or is unable to speak, his/her statements are recorded in writing or with the assistance of a sign language interpreter.
5. Latest developments and additions
Under Articles 414‑427, the law added provisions relating to:
1. criminal settlement before the final judgment
2. electronic monitoring of the accused in certain cases
3. remote procedures and the use of digital technologies in investigation and trial.
Lapse of criminal actions
A criminal action lapses if the victim withdraws his complaint. In case there are multiple victims, a criminal action would lapse when all victims who submitted the complaint withdraw the complaint.
In criminal cases where more than one person is accused, withdrawal of the complaint against one of them takes effect for the others as well.
If the victim dies after submitting a complaint, the right of withdrawal passes to his legal heirs.
The criminal case also lapses with the death of the accused, issuance of a final judgement, withdrawal of legal action by the party which has the right to do so, issuance of an amnesty or repeal of the law which penalises such acts.
Criminal cases also lapse after 20 years in felonies (serious crimes) punished by death sentences, 10 years in all other felonies, 3 years in misdemeanour and 1 year in violations.
Useful links
- Enquire about a case - Dubai Public Prosecution
- Inquire about a criminal case - Judicial Department - Abu Dhabi
- An overview of criminal proceedings in Dubai (private website)
Tracking crimes and collection of evidence
Judicial officers from different government departments have the authority to inspect crimes and collect evidence. These include judicial officers from the Police Department, the Public Prosecution and the Criminal Courts.
In addition, according to Article 32 of the Criminal Procedures Law, various other persons are authorised to gather evidence in criminal investigations. They include:
- officers of the armed forces
- border police
- coastguards
- immigration officers
- municipalities' inspectors and inspectors of the Ministry of Health and Prevention.
Role of police and Public Prosecution
The role of police is to safeguard the public, take initial statements from complainants and witnesses, arrest suspects, carry out investigations and execute orders from the Public Prosecution to assist in the investigation process.
Criminal actions in the UAE commence with filing a complaint with the local police in the jurisdiction where the offence was committed.
During the investigation, police may take the statements of any parties involved. Local police usually refer the matter to the prosecutor's office within 48 hours of the filing of the complaint.
The Public Prosecution should question the accused within 24 hours and then order either his arrest or release as per Article 47 of the law.
Rights and obligations of individuals
The UAE's judicial system respects the dignity of people. The criminal procedural law presumes that an accused is innocent until proven guilty. Therefore, it observes certain procedures when dealing with criminal cases. They are:
- No criminal penalty may be imposed on anyone until his guilt is proved according to the law.
- No one may be arrested, searched, detained or imprisoned except under the circumstances and conditions mentioned in the law.
- Detention or imprisonment may only take place in places designated for that purpose and for the period specified in the warrant issued by the competent authority.
- Law enforcement authorities such as police may not enter into any place of residence except under the circumstances specified in this law or in case of a request for assistance from the resident who could be under a serious threat to his life or property.
- Whoever comes to know about the occurrence of a crime that the public prosecution can file a criminal action against, without a complaint or a request, must report it to the public prosecution or judicial officers.
- Anyone who witnesses the offender committing a felony or misdemeanour should hand him over to the nearest public authority without the need for an arrest warrant.
- The accused can ask the court to compensate him for the prejudice suffered due to the harmful accusation made by the victim or the accuser.
Rights to an attorney
Anyone accused of a felony (or a serious crime) punishable by a death sentence or life imprisonment may have a lawyer to defend him at the trial stage.
If the accused did not appoint a lawyer, the court shall provide him with a lawyer whose fees are to be incurred by the state, as provided by the law.
The accused in a felony punished by provisional imprisonment may also ask the court to provide him with an attorney in his defence, after verifying his financial inability to hire a lawyer.
Investigation and arrest of the convict
The judicial officer, upon his arrival at the crime scene (or where a person is caught red-handed) shall prevent people present at the scene from leaving it or going away until a report is drafted. The officer can also immediately call upon anyone who may have any clarification about the incident to give his statement.
The judicial officer may order the arrest of the accused present at the scene of the incident with sufficient evidence of his perpetration of the crime under the circumstances mentioned in Article 45 of the law.
If the accused is not present, the judicial officer may issue an arrest warrant, which has to be stated in the report. The arrest warrant should be enforced by one of the public authority officers.
The judicial officer should hear the statements of the accused immediately after his arrest. If the accused does not present anything that substantiates his innocence, he should be sent to the relevant public prosecution within 48 hours. The Public Prosecution shall question him within 24 hours and then order either his arrest or release.
Search of persons and residences
The judicial officer may search the accused under circumstances where his arrest is allowed as per the law and the accused may be frisked for what might be on his body, clothes or belongings from the things related to the crime or required for the investigation.
If the accused is a female, a female assigned by the judicial officer should carry out the search after taking an oath. The witnesses attending the inspection should also be females.
Defendant's home may not be searched without a search warrant from the public prosecution unless the defendant was caught red-handed and with strong hints that the defendant was hiding in his house such objects or papers which might uncover the truth.
The search and the seizure of objects and papers should be carried out in the manner specified by the law.
Updated On :
17 Nov 2025
