1 General Criminal Law Enforcement
1.1 What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
The Public Prosecutor has exclusive jurisdiction over the criminal proceedings. Each Emirate in the UAE has a separate public prosecution department. Organisations with investigatory powers such as the DFSA and the Dubai Economic Security Centre would rely on the Public Prosecutor to handle prosecutions.
1.2 If there is more than one set of enforcement agencies, how are decisions made regarding the body which will investigate and prosecute a matter?
The Public Prosecutor is the sole authority for prosecuting business crime. The Public Prosecutor derives its authority from Article 5 of the UAE Federal Law No. 35 Concerning the Penal Procedures Law that states "the public prosecution is part of the judiciary; it investigates crimes and directs indictments in accordance with the provisions of this Law".
1.3 Is there any civil or administrative enforcement against business crimes? If so, what agencies enforce the laws civilly and which crimes do they combat?
Issues related to money laundering and financial crimes are regulated by the Central Bank of the UAE. Issues relating to cybercrimes are regulated by the Telecommunications Regulatory Authority. Issues relating to work permits are regulated by the Ministry of Labour. The Competition Department at the Ministry of Economy handles the applications, for conducting the investigations breach of Competition Law regulations and regulates the implementation of the Competition Law in the UAE.
1.4 Have there been any major business crime cases in your jurisdiction in the past year?
No, there have not.
2 Organisation of the Courts
2.1 How are the criminal courts in your jurisdiction structured? Are there specialised criminal courts for particular crimes?
The UAE local courts consist of the Court of First Instance, Court of Appeal and Cassation Court. The UAE Federal courts consist of the Court of First Instance, Court of Appeal and Union Supreme Court. The Emirate of Dubai prescribe only for local courts. Ras Al Khaimah and Abu Dhabi prescribes for both local courts and federal courts. Whereas, Ajman, Fujairah, Sharjah and Umm al Quwain use the Federal courts system.
2.2 Is there a right to a jury in business crime trials?
No, there is not.
Published and reproduced with kind permission by Global Legal Group Ltd, London
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