ARTICLE
2 September 2024

Public Prosecution's Role In The Criminal Investigation Process

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
According to Article 68, the Public Prosecutor may delegate specific investigative tasks to officers, though interrogation of the defendant cannot be delegated.
United Arab Emirates Criminal Law

According to Article 65 of the Criminal Procedure Code, the Public Prosecution is responsible for initiating investigations in felony cases and may also conduct investigations in misdemeanour cases when deemed necessary. Any investigation conducted by the Public Prosecution must be documented carefully, and the investigation report must be signed by the Public Prosecutor.

1. Delegation of Investigative Tasks

According to Article 68, the Public Prosecutor may delegate specific investigative tasks to officers, though interrogation of the defendant cannot be delegated. If tasks need to be performed outside the Public Prosecutor's jurisdiction, another member of the Public Prosecution or law enforcement officer may be appointed. Additionally, judicial authorizations issued by the Public Prosecution for crimes under Federal Courts' exclusive jurisdiction are valid across all Emirates.

2. Defendant's Rights

In terms of the defendant's rights, Article 98 provides that the defendant's lawyer is permitted to attend investigation proceedings and review case files, unless the Public Prosecutor determines that restricting access is necessary for the investigation's interest. Article 97 details the procedure for the defendant's initial interrogation. The Public Prosecutor is required to document the defendant's identity, inform them of the charges, and record any statements made by the defendant.

3. Orders and Warrants

According to Article 99, the Public Prosecutor can issue various orders, including summons, arrest warrants, habeas corpus orders, and travel bans. Each order must detail the defendant's personal information, the charges against them, and be signed and sealed by the Public Prosecutor. Arrest warrants and habeas corpus orders must be served by public authority members, and travel bans need to be communicated to all border points. If the defendant fails to appear after being summoned without a valid excuse or if there is a risk of escape, the Public Prosecutor may issue an arrest warrant and order detention, even if detention is not typically warranted.

4. Validity and Execution of Orders

Article 101 stipulates that execution orders issued by the Public Prosecution are valid throughout the country. However, arrest warrants and habeas corpus orders must be executed within 6 months unless reapproved by the Public Prosecutor. In accordance with Article 102, the Public Prosecutor must interrogate an arrested person immediately. If interrogation is not possible, the person must be held in a designated detention facility for no longer than 24 hours. If interrogation does not occur within this period, the detainee must be presented to the Public Prosecutor for immediate interrogation or release.

5. Remand Detention

Article 103 allows the Public Prosecutor to order detention under remand after interrogating the defendant if sufficient evidence exists and the offense is a felony or a misdemeanour punishable by more than a fine. The detention order must include specific data and direct the detention facility administrator to accept and detain the defendant. Article 105 requires that the detention order be sent to the administrator upon the defendant's admission and that the Public Prosecutor be notified. The administrator may not allow contact between the detained individual and public authority members without written permission from the Public Prosecutor, with all visits and permissions recorded in the official register.

6. Communication and Restrictions

The Public Prosecutor may restrict the detained individual's communication with others, except for private contact with their lawyer. Article 107 provides for the extension of remand detention. The initial order is valid for 7 days, which can be renewed for an additional 14 days. If continued detention is necessary beyond these periods, the case must be referred to a criminal court judge, who may extend detention in increments of up to 30 days, with a total duration not exceeding 6 months. For offenses punishable by death or life imprisonment, the judge may extend detention until the trial concludes.

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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