Most Read Contributor in United Arab Emirates, January 2017
Question: My husband was detained by the police
last week. We have hired a lawyer to represent him, but could you
please explain the procedure for applying for bail?
Answer: The main concerns of any criminal
lawyer or legal consultant is always to first meet the client and
then try to get the person released as quickly as possible.
Generally, the law gives prosecutors the right to provisionally
release the accused for any crime committed or for any accusation
they are charged with, unless the probable verdict is a death
sentence or life imprisonment. Such bail decisions could be issued
on the basis of a request from the accused or their lawyer, and
prosecutors are able to grant bail at any point in the
investigation up until the case reaches court. This is in
accordance with Article 111 of the UAE Criminal Procedures Law.
However, the law does not strictly mention what sort of guarantee
should be offered against bail. More often than not, passports are
offered to guarantee that the accused will attend court. However,
if the passport of the accused is unavailable, then prosecutors
have the right to withhold the passport of a member of the
person's family or a friend. An alternative could also be to
leave a fixed cash deposit with the court cashier or, if that is
not possible, prosecutors could also take a guarantee amount from a
solvent person that would not be returned if the accused breaches
the release conditions. If this happens and an accused violates
release conditions without justification, the financial guarantee
will be owned by the government without any need for final
Question: My wife's purse was stolen last
month and, although she filed a criminal complaint against the
thief and that person was arrested, they have now been put out on
bail while their passport is held. Is it possible that my wife can
request prosecutors or the court take the person into custody?
Answer: No, that is not possible. This is
because Article 117 of the UAE Criminal Procedures law clearly
states that the victim does not have the right to request
cancellation of the bail of the accused and cannot participate in
any discussion related to their bail.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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