Most Read Contributor in United Arab Emirates, January 2017
Regardless of whether the Public Prosecution received the arrest
order of the accused or not, the law gives them the right to issue
their own arrest orders according to Article 101 of the Federal Law
No. (35) Of 1992.
Article 101 of the same law indicates that the arrest order by
the Public Prosecution would indicate the name of the accused,
along with his or her profession, residence, nationality,
accusation and the date of when he has to see the Public
Prosecution. This would have to be signed by the Public Prosecution
member and stamped with the authorized seal.
In most of these cases, Public Prosecution would issue the
arrest order if the accused does not attend after he was
allocated without a valid justification or it is feared that he
would escape or does not have a known place of residence, or if he
was caught in the act of the crime. The Public Prosecution
member may issue surrender and detain order for the accused even if
the event does not require pretrial detention.
Such arrest orders would be valid for only six months. However,
they may be extended with approval of the Public Prosecution.
Once the accused, who is under arrest, has been referred to the
Public Prosecution, generally, they do not take more than 24 hours
for the investigation prior to deciding whether to release them or
to place him under pretrial imprisonment order.
If an arrest order has been issued against the accused and
he is caught outside the dominion of the investigating court, which
might be a different Emirate than where he or she was initially
arrested from, then he shall be reassigned and returned back to the
Public Prosecution in the Emirate which primarily issued the
warrant. This is in accordance with Article 105 of the Criminal
It is important to note here that someone getting arrested does
not mean that the person will stay in jail. As, in many cases, the
accused would be subjected to arrest for only 48 hours and until
they meet the Public Prosecution, who then decides to either
release them or keep them detained until the investigation is
On the other hand, for some accused the detention period until
they meet the Public Prosecution might not be more than 24 hours.
If this time elapses, he might be freed according to Article 104 of
the same law. Therefore, the detention administration tend to refer
the accused to the Public Prosecution for questioning
However, if the accused has not been released within the first
72 hours, it is sensible to expect that the Public Prosecution has
issued a pretrial imprisonment order against the accused. This will
be the element for our subsequent article, which would contain
advanced discussion on the matter.
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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There are a number of issues regarding this nascent Tribunal and its procedures on which the Decree is silent and which will need to be answered and clarified for litigators and practitioners in due course.
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