A message sent in anger, a social media post, a recorded conversation or access to another person’s online account can sometimes lead to a criminal complaint in the UAE. Once a cybercrime complaint is made, the matter may move quickly from a police investigation to the Public Prosecution.
For anyone facing such a situation, especially an expatriate unfamiliar with the UAE criminal justice system, receiving a call from the police or learning that a complaint has been registered can be worrying. Understanding what happens next and responding carefully can make the process easier to manage.
The main legislation governing cyber offences is Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrimes, while investigation, arrest, detention and prosecution procedures are primarily governed by Federal Decree-Law No. 38 of 2022 on Criminal Procedure.
What Can Lead to a Cybercrime Complaint?
The term “cybercrime” covers much more than hacking. UAE law contains offences relating to the misuse of websites, social media, messaging applications, email, electronic systems and other forms of technology.
For example, Article 42 of the Cybercrime Law addresses threats and extortion made through electronic means. Article 43 deals with online insult and slander. Article 44 covers breaches of privacy, including certain forms of recording, photographing, sharing private material, disclosing location data and publishing information, images or recordings with the intention of harming another person.
This means a cybercrime investigation can arise from conduct on WhatsApp, Instagram, email, online platforms or other digital channels, depending on the circumstances.
What Happens After a Complaint Is Filed?
A complaint will normally begin with the authorities gathering information about the allegation. Statements may be taken from the complainant and other relevant persons. The person complained against may also be called for questioning.
Under Article 41 of the Criminal Procedure Law, law enforcement officers may, during the evidence-gathering stage, hear statements from people who have information about the offence or those involved and may also ask the defendant about the matter.
In cybercrime cases, electronic evidence can be particularly important. This may include messages, emails, social media posts, photographs, call records and information stored on electronic devices. Article 65 of the Cybercrime Law provides that evidence obtained or extracted from electronic devices, systems, software and other information technology may have the same evidential value as material criminal evidence.
For this reason, someone who becomes aware of a complaint should avoid deleting conversations, resetting a phone, altering accounts or attempting to remove material connected with the dispute. Even where the intention is simply to protect privacy, changing potential evidence after learning of an investigation can complicate the situation.
What If You Are Called for Questioning?
Do not ignore a police or Public Prosecution summons.
Before attending, try to understand the nature of the allegation and collect relevant information that may explain what happened. This could include the complete conversation rather than isolated screenshots, dates, payment records, account information or other documents showing the surrounding circumstances.
Once the matter reaches the Public Prosecution, Article 97 of the Criminal Procedure Law provides that when the defendant first appears during the investigation, the prosecutor must record the information necessary to establish the defendant’s identity, inform the defendant of the charge and record any statements made in response.
Under Article 98, the defendant’s lawyer may attend the investigation and review the case papers, unless the Public Prosecution considers otherwise in the interests of the investigation.
This is one reason early advice from a cyber lawyer or a criminal lawyer for cybercrime UAE matters can be useful, particularly where the complaint involves several messages, devices, accounts or conflicting versions of events.
Mrs. Awatif Al Khouri has extensive experience in UAE criminal matters, including cases that require careful review of what was posted or sent, the context, who controlled the account, the available electronic evidence and the offence involved.
What Happens If a Person Is Arrested?
An arrest does not mean that the person has been convicted.
Under Article 99 of the Criminal Procedure Law, the Public Prosecution may, depending on the circumstances, issue a summons, arrest warrant, detention order or travel ban against the defendant.
Where a person has been arrested, Article 102 provides that the Public Prosecution must question the arrested person immediately. If this is not possible, the person may be kept in a designated detention facility until questioning takes place. This period must not exceed 24 hours. Once that period expires, the person must be sent to the Public Prosecution for immediate questioning or be released.
After questioning, Article 103 allows the Public Prosecution to order detention on remand where there is sufficient evidence and the alleged offence is a felony or a misdemeanour punishable by more than a fine.
Can Bail or Release Be Requested?
Under Article 108 of the Criminal Procedure Law, the Public Prosecution may order the temporary release of a person detained on remand in a felony or misdemeanour case. Article 109 allows release to be subject to personal or financial bail or a travel ban.
Whether release is granted depends on the circumstances of the case.
Conclusion
Cybercrime investigations in the UAE can develop quickly because much of the evidence is already available in digital form. A complaint may involve police questioning, examination of electronic evidence, Public Prosecution proceedings, travel restrictions or, in some cases, arrest and detention.
The safest approach is to understand the exact allegation, preserve relevant evidence, avoid further online confrontation and address the investigation through the proper legal process.
Mrs. Awatif Al Khouri emphasises the importance of dealing with cybercrime complaints at an early stage, particularly where electronic communications can easily be misunderstood when viewed without their full context. Careful preparation and a clear understanding of the applicable UAE law can help protect a person’s position throughout the investigation and any proceedings that follow.
FAQ’s
1. What should I do if a cybercrime complaint is filed against me in the UAE?
Preserve relevant messages, emails and account records, and seek legal advice promptly. If summoned, attend as directed. Prepare a clear timeline and retain complete conversations that explain the context. Avoid further online confrontation or changing material connected with the complaint.
2. Can WhatsApp messages be used as evidence in a UAE cybercrime case?
Yes. Article 65 of the UAE Cybercrime Law gives evidence extracted from electronic devices and systems the same evidential force as physical criminal evidence. WhatsApp messages may therefore be relevant. Their authenticity, context and connection to the alleged offence still require examination.
3. Can a lawyer attend Public Prosecution questioning with me?
Under Article 98 of the Criminal Procedure Law, the accused’s lawyer may attend the investigation and review the investigation papers, unless the prosecutor decides otherwise in the interests of the investigation. Speak to your lawyer before attending to understand the allegation and prepare relevant documents.
4. Should I delete messages or social media posts after learning about a complaint?
As a practical precaution, preserve potentially relevant material and obtain legal advice before making changes. Messages, posts and device records may contain evidence supporting either party’s account. Deleting conversations, resetting devices or altering accounts can remove useful context and complicate the examination of electronic evidence.
5. Can someone arrested in a UAE cybercrime case obtain bail?
Release may be requested, but it is not guaranteed. Articles 108 and 109 allow provisional release, potentially subject to a personal guarantee, financial bail or a travel ban. Before referral for trial, the Public Prosecution generally decides; after referral, release falls within the competent court’s jurisdiction.
6. Can I leave the UAE while a cybercrime investigation is ongoing?
Travel depends on whether a travel ban or other applicable restriction exists. Article 99 permits the prosecutor to impose a travel ban, and Article 109 allows release with a travel ban. Confirm your status through your lawyer or the competent authority before making travel arrangements.
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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