Understanding the appeals process in criminal cases under the UAE law

Introduction:

According to the UAE criminal procedure code [Federal Decree-Law No. (38) of 2022], individuals convicted in criminal cases are allowed to challenge the court decision if they believe that the lower court decision is unfair or unsatisfactory. The criminal procedure code describes the rules and procedures for each challenging method and it requires compliance with specific criteria, time limits, and legal procedures.

What are the procedures and rules for filing objections to judgments in absentia?

According to Article 229 of the criminal procedure code, if a person is convicted without being present [in absentia] for a misdemeanour or minor offense, they may have the right to file an objection within seven days of being notified of the judgment. This objection must be submitted to the public prosecutor of the same court that issued the judgment. The date of the hearing set for its consideration must be mentioned in the objection. Once the objection has been filed, the same court may review the case. When reviewing an objection, the court may not increase the original sentence. However, if the objector does not appear at the first hearing set for the objection, the objection is considered invalid and no further objections to the same judgment will be accepted.

What is the procedure for pursuing an appeal?

According to Article 234 of the aforementioned law, both the convicted person and the public prosecution may have the right to appeal. But the appeal must be filed within 15 days of the judgment or the judgment issued on the objection. The public prosecution has an exception to this time limit and can file an appeal within 30 days. Additionally, if the convicted person is in prison, they may submit the appeal through the prison warden.

The appeal court may re-examine the evidence, hear the witnesses again, or consider any factors that might potentially affect the decision after reviewing the appellant’s arguments.

According to the criminal procedure code, after reviewing the case, the appellate court may have the authority to uphold the judgment of the lower court, modify the judgment, or quash the initial judgment. If the appellate court dismissed the judgment, the appellate court may issue a new judgment or return the case to the lower court for a new trial.

The cassation procedures are as follows:

Once the appellate court has confirmed a judgment, there may be a final opportunity to appeal in Cassation. According to Article 244, the person convicted for the crime or the public prosecution can file for cassation. The cassation must be submitted within 30 days of the judgment, as stipulated in Article 245. A copy of the appeal may be sent to the opposing party by the court within 8 days and the opposing party may submit a written response to the court within 8 days of receiving the notification.

The petition should explain their grounds for the appeal such as the violation or misinterpretation of the law by the lower court, any procedure related defect rendering the judgment invalid, and such other reasons as specified in Article 244.

In addition, if the public prosecution has not filed for cassation or the case does not involve death penalty or imprisonment, then the appeal shall be admitted after the payment of a security deposit.

If the court of cassation finds the request justified, it may send the case back to the appellate court or assign the case to another court to reexamine the case.

Furthermore, according to Article 251, if the offender files a cassation, their sentence cannot be increased unless the public prosecution also files a cassation request.

Conclusion:

The UAE criminal procedure code provides a framework regarding appeals in criminal matters and it is crucial to follow the above regulations and timelines specified in the code.

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