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Filing a Case and Litigation Process - dda
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.
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