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Legal Affairs - dda
Legal Affairs
Judicial System in Dubai
Dubai Courts
Law cases and disputes are typically heard and settled by the Dubai Courts, which include three main levels: the Courts of First Instance, the Court of Appeal, and the Court of Cassation. These courts address civil, criminal, commercial, and family cases. Moreover, Inheritance Court is a fourth independent court that hears inheritance cases.
The Courts of First Instance are first degree courts and are composed of seven specialized courts: Personal Status Court, Civil Court, Punitive Court, Commercial Court, Real Estate Court, Labor Court and Execution Court.
The Court of Appeal is the second degree of litigation in the Emirate of Dubai. It is composed of circuits (civil, administrative, commercial, real estate, labor, personal status, etc.).
The Public Prosecution
Public Prosecution is a par to the Judicial System in Dubai. It has the exclusive power to initiate the criminal cases and undertakes the authority of investigation and imposing charges as well as referring the accused person to the competent court if proven his involvement in the crime. Public Prosecution also supervises over the stages of the case in the criminal courts.
Public Prosecution undertakes the judicial assistance issues regarding the extradition of criminals and its follow-up in accordance with the international conventions in cooperation with International Criminal Police so as the criminal cannot escape from one country to another country.
Filing a Case and Litigation Process
Criminal Cases
Duty of Reporting Criminal Offenses
Criminal offenses must be reported by any individual who becomes aware them to the Public Prosecution or a Judicial Police Officer (the Police). This includes victims, witnesses, or even third parties who have knowledge of an offense. Article 323 of Crimes and Penalties Law provides that a penalty of imprisonment for a period not exceeding one year or a fine shall be imposed on whoever becomes aware of a crime and abstains from informing the competent authorities.
Role of the Police
The Police is segment of the Judicial Police Officers mentioned in the Federal Criminal Procedures Law. According to the Federal Criminal Procedures Law, Judicial Police Officers detect the criminal offenses and search for their perpetrators and gather information and evidence necessary for investigation and indictment.
If the Police is reported on a criminal offense, they go to the crime scene, start to gather evidence, hear the statements of all persons who have information about the criminal offense and their perpetrators, and may question the accused. They may also seek the assistance of doctors and other persons of expertise. The police record testimonies and secure the area to prevent the loss of crucial evidence.
After conducting their investigation, police submit their findings to the Public Prosecution in signed reports for further action.
Role of the Public Prosecution
Public Prosecution is the only authority to initiate the criminal cases and it is part of the judicial body as it undertakes the authority of investigation and imposing charges as well as referring the accused person to the competent court if proven to be involved in the crime. Public Prosecution also supervises over the stages of the case in the criminal courts.
Where the Public Prosecution is convinced that the offense constitutes a felony and that the evidence against the accused is sufficient, it shall take the case to the Criminal Court. If there is any doubt as to whether the offense constitutes a felony or a misdemeanor, the Accused shall be transferred to the Criminal Court under the charge of a felony.
Role of the Court
The trial takes place in the Criminal Court, where the Public Prosecution presents evidence and witnesses against the accused, and the defense can argue its case. The defendant has the right to legal representation. If the accused fails to appoint an attorney to defend him/her, the court appoints an attorney to defend him/her, and the state bears the professional fees of the attorney so appointed, as described in the law.
The court judgment and sentencing will be issued as follows:
After hearing the evidence, the court renders its verdict. If the accused is found guilty, a sentence is imposed, which could include imprisonment, fines, or other forms of punishment.
The defendant has the right to appeal the judgment if they believe there were legal errors in the trial process.
Both the defense and the prosecution may appeal the court decision to a higher court if they are dissatisfied with the judgment. There is a right of appeal from the Dubai Court of First Instance to the Dubai Court of Appeal. There is also a right of appeal from the Dubai Court of Appeal to the Dubai Court of Cassation.
Once all appeals have been used and the final decision is made, the sentence is enforced by the relevant authorities.
Alternative Dispute Resolution
Alternative dispute resolution methods include mediation and arbitration. Entities responsible for settling disputes outside Dubai courts include Dubai International Arbitration Centre (DIAC).
The DIFC Courts settles commercial and civil cases related to companies based at Dubai International Financial Center (DIFC). The DIFC Courts does not have jurisdiction over criminal matters. The DIFC Courts performs its functions in accordance with the provisions of the DIFC laws and regulations.
Dispute settlement entities in Dubai
Legislation Portals and the Official Gazette
Dubai Legislation Portal
Dubai Legislation Portal is an official and trusted sources of all legislations issued in Dubai since 1961. It covers all types of legislations, which include laws, bylaws, decrees, resolutions, judgements, etc. You can search a legislation through the legislation search engine, browse legislations or pick a legislation from the legislation map.
The Official Gazette of Dubai
The Official Gazette of Dubai is a formal publication through which the Government of Dubai issues and disseminates laws, bylaws, decrees, resolutions, and official announcements. The Gazette ensures transparency and accessibility of government decisions to the public, legal professionals, and institutions. It is published regularly by the Supreme Legislation Committee since 1961.
The UAE Legislation platform
The UAE Legislation platform includes federal legislations and laws, alongside their regulatory decisions and executive regulations, in both English and Arabic languages.
The unified platform encompasses all federal legislation and laws established since the formation of the UAE. It also provides a list of the amended laws and all the legislative updates in chronological sequence.
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