Public Prosecution's Role in the Criminal Investigation Process

According to Article 65 of the Criminal Procedure Code, the Public Prosecution is responsible for initiating investigations in felony cases and may also conduct investigations in misdemeanour cases when deemed necessary. Any investigation conducted by the Public Prosecution must be documented carefully, and the investigation report must be signed by the Public Prosecutor.

1. Delegation of Investigative Tasks

According to Article 68, the Public Prosecutor may delegate specific investigative tasks to officers, though interrogation of the defendant cannot be delegated. If tasks need to be performed outside the Public Prosecutor’s jurisdiction, another member of the Public Prosecution or law enforcement officer may be appointed. Additionally, judicial authorizations issued by the Public Prosecution for crimes under Federal Courts' exclusive jurisdiction are valid across all Emirates.

2. Defendant's Rights

In terms of the defendant's rights, Article 98 provides that the defendant's lawyer is permitted to attend investigation proceedings and review case files, unless the Public Prosecutor determines that restricting access is necessary for the investigation's interest. Article 97 details the procedure for the defendant's initial interrogation. The Public Prosecutor is required to document the defendant’s identity, inform them of the charges, and record any statements made by the defendant.

3. Orders and Warrants

According to Article 99, the Public Prosecutor can issue various orders, including summons, arrest warrants, habeas corpus orders, and travel bans. Each order must detail the defendant's personal information, the charges against them, and be signed and sealed by the Public Prosecutor. Arrest warrants and habeas corpus orders must be served by public authority members, and travel bans need to be communicated to all border points. If the defendant fails to appear after being summoned without a valid excuse or if there is a risk of escape, the Public Prosecutor may issue an arrest warrant and order detention, even if detention is not typically warranted.

4. Validity and Execution of Orders

Article 101 stipulates that execution orders issued by the Public Prosecution are valid throughout the country. However, arrest warrants and habeas corpus orders must be executed within 6 months unless reapproved by the Public Prosecutor. In accordance with Article 102, the Public Prosecutor must interrogate an arrested person immediately. If interrogation is not possible, the person must be held in a designated detention facility for no longer than 24 hours. If interrogation does not occur within this period, the detainee must be presented to the Public Prosecutor for immediate interrogation or release.

5. Remand Detention

Article 103 allows the Public Prosecutor to order detention under remand after interrogating the defendant if sufficient evidence exists and the offense is a felony or a misdemeanour punishable by more than a fine. The detention order must include specific data and direct the detention facility administrator to accept and detain the defendant. Article 105 requires that the detention order be sent to the administrator upon the defendant’s admission and that the Public Prosecutor be notified. The administrator may not allow contact between the detained individual and public authority members without written permission from the Public Prosecutor, with all visits and permissions recorded in the official register.

6. Communication and Restrictions

The Public Prosecutor may restrict the detained individual's communication with others, except for private contact with their lawyer. Article 107 provides for the extension of remand detention. The initial order is valid for 7 days, which can be renewed for an additional 14 days. If continued detention is necessary beyond these periods, the case must be referred to a criminal court judge, who may extend detention in increments of up to 30 days, with a total duration not exceeding 6 months. For offenses punishable by death or life imprisonment, the judge may extend detention until the trial concludes.

Disclaimer: This article provides general information about legal materials and should not be construed as legal advice. The content is derived from the UAE Criminal Procedures Law (Federal Decree-Law No. 38/2022) and reflects our law firm's experience. It is intended for general informational purposes only and does not constitute legal advice. Readers should not delay seeking legal advice, ignore legal counsel, or initiate or suspend legal actions based on the information provided here. For personalized legal advice, consult a licensed legal practitioner. This article is prepared by Awatif Mohammad Shoqi Advocates & Legal Consultancy, a licensed law firm authorized to practice law under UAE Law.

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Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.