- The justice system of Dubai permits individuals and companies to challenge their convictions. The verdict or sentence that has followed a structured process can be appealed in the Dubai Courts.
- The right to criminal appeals in Dubai ensures fair treatment for everyone. Moreover, it is also allowed to correct the judicial errors. As a result, safeguards the rights of defendants.
- Dubai Courts adhered to structured legislation. Under the UAE Federal Penal Code and Federal Law No. 35 of 1992 on Criminal Procedure. It establishes a system that supports criminal trials and criminal court appeals in Dubai. Filing a proper appeal requires an understanding of the time limitation, legal strategy, and procedural regulations. Here, the role of criminal lawyers in Dubai cannot be ignored. They assist the defendants through the complicated court procedure. It also improves the chances of a favorable outcome.
Criminal Cases Eligible for Appeal:
There are many criminal cases that qualify for appeal. Most of the types of criminal cases that are appealed are as follows:
- Misdemeanors
- Felonies
The misdemeanor includes minor or trivial criminal cases. It may involve cases of minor theft, defamation, simple assault, or more. Felonies are related to more serious to extreme criminal actions such as fraud, embezzlement, drug-related crimes, serious assault, abuse, or violence.
Criminal Court System in Dubai:
The criminal justice system of Dubai mainly comprises three main levels of courts:
- Court of First Instance
- Court of Appeal
- Court of Cassation
The Court of First Instance primarily handles a range of criminal cases. Following this, they will examine the evidence, information, and witnesses. As a result, they will be issuing the final verdict or judgment based on initial criminal investigations and examines various aspects.
The Court of Appeal is the second tier of the judicial system. They are mainly responsible for hearing the review appeals. The appeals are filed against judgments presented by the Court of First Instance.
Thirdly, the Court of Cassation is the highest court in Dubai. They are normally responsible for examining the points of law. They are involved interpretation of judgments and procedural errors.
They do not re-evaluate the evidence, facts, or figures regarding the criminal case. Usually, a criminal case begins in the Court of First Instance. For your knowledge, just Emirati lawyers and legal consultants can represent in all the courts. So make sure, you are going to give Power of Attorney to same lawyer who will be appearing in courts and representing you in litigation. Professional lawyers, are not very difficult nor easy to be hired.
In case any of the party defendant or prosecution is unsatisfied with the judgments or conviction, they can go to the Court of Appeal. However, it must be done within the predefined timeframe.
Filing a Criminal Case Appeal in Dubai:
The defendant and the public prosecution both retain the right to file for an appeal with the Dubai Judicial system.
The defendant can appeal if it is believed that the judgment is incorrect, unjust, or contains errors in the interpretation of the law. Any unfair sentence or conviction, or judgment based on insufficient consideration of evidence, can be challenged in Dubai Courts.
On the other side, prosecutors can also appeal if they believe the sentence is flawed, contains errors, or is incorrect. The flawed judgments are usually appeals in the Court of Appeal.
The victims or civil claimants also have the right to appeal various aspects of the judgment. This may concern the compensation or be associated with the civil claims.
Time Restrictions in Criminal Appeal Cases:
As per the UAE law, there are proper time limits for filing appeals with the court. Normally, the deadline to file an appeal is 15 days.
Within 15 days from the date of judgment, the appeal must be otherwise; it shall not be entertained. It is regarding the cases of Misdemeanors. Conversely, there is a time limitation of up to 30 Days to file an appeal for felony related cases.
Missing the deadlines will lead to a missed opportunity. The appeal will automatically be dismissed if not submitted within the timeframe.
Defendants and prosecutors must be quick enough to file an appeal within the time period. The role of criminal attorneys in Dubai is instrumental. He will act quickly and liaison according to the laws.
Reasons to file for a Criminal Appeal:
There must be solid grounds for filing a criminal appeal in Dubai. The appeal should be based on legal and valid reasons. Some of the common grounds are as follows:
- Misapplication of UAE criminal laws
- Misinterpretation of Laws
- Mistakes or errors in evaluating evidence or witness testimony
- Procedural irregularities are present.
- Harsh, lenient, or disproportionate sentences
- Discovery of new evidence, witnesses, or more
An experienced defense lawyer in Dubai is capable of reviewing the trial records. They will identify the strongest grounds for the appeal.
Step-by-step process of Criminal appeal in Dubai:
The appeal process begins with filing the notice of an appeal. Submit a notice to the Court of Appeal within the designated timeframe. The documents must state the motive, intentions, and reasons to challenge the verdict or rulings. Moreover, the legal reasons must be provided for the appeal.
Secondly, the Court of appeal will be reviewing the case records. The courts will obtain the full-fledged case details from the Court of First Instance.
The court judges and juries will be reviewing the details regarding the case, including trial transcripts, evidence, witnesses, applicable laws, and the legal grounds stated in the appeal.
Following this, there is a submission of written arguments. Both parties, including the defense and prosecution, will be submitting the written memoranda.
This will outline the arguments. The defense lawyers in Dubai will assist in the preparation of the reasoning that is supported by the UAE legislation. They will also review the UAE legislation and case precedents to establish the grounds for appeal.
The appeal hearings are mainly held in the presence of both parties. Thereby, the arguments are presented in courts by both parties. In numerous cases, the Court of Appeal tends to re-examine the evidences and hear the witnesses if required.
As an outcome, the judgment is presented by the Court of Appeal. Once the case is reviewed, the court will give the judgment.
The Court of Appeal may choose to give:
- Uphold the same verdict.
- Amend the rulings
- Reduce or increase the sentence or penalties.
- Overturn the judgment given.
- Acquit the defendant
- Order a retrial in specific situations.
Note: For practical legal advice and support, we suggest you to consult the UAE’s Emirati lawyers and legal consultants.
