In the UAE, arrest warrant procedures are governed by the UAE Penal Code, Criminal Procedures Law, and Civil Procedures Law. Warrants are typically issued by judicial authorities based on evidence presented by law enforcement, ensuring due process is followed.
According to the Civil Procedures Law, it is impermissible to detain the debtor unless:
- The creditor substantiates the indebtedness or verifies the debtor's involvement in smuggling or concealing funds, or
- The creditor proves the debtor's cessation of debt
payments, unless such cessation is due to unforeseen circumstances
that necessitate the issuance of a procedural order by the
execution judge to arrest and bring the debtor, only after a
concise investigation has been conducted, confirming:
- The creditor's claim of indebtedness,
- The debtor's involvement in smuggling or concealing funds, or
- The debtor's unjustified cessation of installment payments.
The law mandates specific conditions for issuing a detention order against a debtor, contingent upon proving the debtor's inability to meet obligations.
The burden of proving solvency rests with the party making the claim. The issuance of a detention order is restricted unless:
- The debtor proves insolvency, involvement in fund smuggling or concealment intending harm to the creditor, or cessation of debt payments.
- New circumstances necessitate an investigative procedure by the execution judge. In essence, a detention order is only justified when the creditor substantiates the debtor's insolvency, involvement in fund misconduct, or unjustified cessation of payments.
The changes in the procedures for arrest warrants may affect each case differently, depending on the circumstances of the case, and this may be considered positive or negative, depending on the circumstances.
Cases in which the debtor is prohibited from being imprisoned are:
- If the debtor is under 18 or over 70 years old.
- If the debtor has a child under 15 years old and their spouse is deceased or imprisoned for any reason.
- If the debtor is the spouse or an ascendant of the creditor unless the debt is related to alimony.
- If the debtor provides a bank guarantee or a capable guarantor accepted by the execution judge.
- If it is proven with certified medical evidence that the debtor is suffering from a chronic illness
- If the debt in question is less than 10,000 dirhams.
The judge has the right to postpone the imprisonment order in the following cases:
- For a pregnant woman, for a period of two years from the date of childbirth, reduced to three months if the fetus is stillborn.
- If it is proven with certified medical evidence that the debtor is suffering from a temporary illness that cannot endure imprisonment until they recover.
Travel Ban orders as per UAE civil procedures law
A travel ban order is issued to ensure the individual's availability for legal proceedings and mitigate potential risks associated with their movement. While travel bans can be effective tools in law enforcement, their implementation requires careful consideration to balance the interests of justice with the protection of individual rights.
Conditions for issuing a travel ban order:
Even before filing the substantive case, if there are serious reasons that fear the debtor will flee, the creditor has the right to ask the judge to issue a travel ban order with the following conditions:
- The debt is not less than (10,000) ten thousand dirhams
- The debt should be known and due for payment and is not subject to a condition.
In case the debt is not of a specific amount, the judge shall estimate it provisionally with two conditions:
1. The claim for the right is based on a written document.
2. The creditor shall provide a guarantee of any damage or harm
In summary, while cancelling arrest warrants can serve as a corrective measure to ensure justice and fairness, it should be done judiciously to avoid negative consequences such as the risk of flight, concerns about public safety, and potential abuse of the legal system. Each case must be considered on its own merits, with a focus on upholding the principles of justice and protecting individual rights.
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.
