The Role of Witnesses and Evidence in Criminal Proceedings

Witnesses' appearance in court is mandatory when summoned. The law requires that witnesses be summoned at least 24 hours before the hearing, though they may appear without prior notice if requested by the plaintiffs. During the trial, the court has the authority to summon any person whose testimony may be deemed necessary to establish the facts of the case. The Criminal Procedure Law imposes penalties for witnesses who fail to appear in court after being summoned. Initially, a fine may be imposed, but if the witness fails to appear again or does not present a valid excuse, the court may impose heavier penalties, including doubling the fine and ordering their arrest.

Witnesses who are unable to attend court due to illness or other valid reasons may have their testimony taken at their location, with the presence of the Public Prosecution and the plaintiffs. If the court finds that the excuse is invalid, it may impose penalties, including imprisonment or fines. Moreover, if a witness is unable to be heard for any reason, the court may rely on their previous statements made during the investigation.

The court requires that each witness provide their personal details and take an oath before testifying to ensure the truthfulness of their statements. Testimonies are meticulously recorded without any modifications, and the records must be verified and signed by the court and the witness. During a trial, the court has the discretion to order the presentation of any evidence it deems necessary, even if not requested by the plaintiffs. Additionally, the court may appoint experts to assist in the examination of evidence, particularly in complex cases requiring specialized knowledge.

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.

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.