UAE Criminal LawFederal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law

Article (1) The law attached herewith shall apply to the criminal procedure.

Article (2) 1. Federal Law No. [35] of 1992 Promulgating the Criminal Procedure Law shall hereby be repealed. 2. Federal Law No. [5] of 2017 on the Use of Remote Communication Technology in Criminal Procedures shall hereby be repealed. 3. Any provision that goes against or conflicts with the provisions of the law attached herewith shall hereby be repealed.

Article (3) The Heads of Federal and Local Judicial Authorities and the Federal Attorney General shall, in coordination with the Attorneys General of the Local Judicial Authorities within their respective areas of competence, issue the necessary resolutions for implementing the provisions of the law attached herewith.

Article (3) Access to Homes Members of the public authority may only get access to any inhabited place in the circumstances specified in the law, where the persons living inside the inhabited place seek help or relief, or where a serious danger to life or property is expected to occur.

Article (4) All the ministries and competent government entities shall, within their respective areas of competence, implement the provisions of the law attached herewith.

Article (5) This Decree Law shall be published in the Official Gazette and shall enter into full force and effect as of March 1, 2023. Mohamed Bin Zayed Al Nahyan President of the United Arab Emirates Issued by us at the Presidential Palace in Abu Dhabi, On: 7 Rabi' Al-Awwal, 1444 AH Corresponding to: October 3, 2022 AD

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Article (5) Public Prosecution The Public Prosecution is part of the judicial authority, and shall conduct the investigation into, and prosecution of, criminal offenses in accordance with the provisions of this Law.

Article (6) Public Prosecution's Supervision of Penal Institutions The Public Prosecution shall supervise penal institutions and places designated for pretrial detention, imprisonment and confinement of debtors.

Article (7) Disclosure of Victim's Data 1. Judicial Police Officers and investigation bodies may only disclose the victim's data to the parties concerned, with regard to the criminal offenses specified by a decision of the Attorney General. 2. Likewise, the data and information relating to criminal offenses may only be disclosed in accordance with the procedures and controls determined by the Attorney General.

Article (32) Judicial Police Officers' Subordination to Attorney General Judicial Police Officers shall be subordinated to and supervised by the Attorney General with regard to their job duties.

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Article (33) Judicial Police Officer's Failure to Perform His Duties The Attorney General may request that the competent authority supervising the Judicial Police Officer consider any violation of duties or defective performance of duties committed by the latter. The Attorney General may request that a disciplinary proceeding be instituted against the Judicial Police Officer, without prejudice to the right to institute a criminal action.

Article (34) The Capacity of a Judicial Police Officer The Judicial Police Officers shall include the following persons within the areas of their competences: 1. Members of the Public Prosecution; 2. Officers, non-commissioned officers and personnel of the police force; 3. Officers, non-commissioned officers and members of border and coast guards; 4. Officers, non-commissioned officers and members functioning at the State's sea, air and land ports, including policemen or armed forces personnel; 5. Officers and non-commissioned officers of civil defense; and 6. The employees vested with the authority of Judicial Police Officers by virtue of the applicable laws, decrees and resolutions.

Article (35) Granting the Capacity of Judicial Police Officers Based on a resolution of the Minister of Justice or the chairman of the competent local judicial body in coordination with the competent minister or the competent authority, any employee[s] may be vested with the capacity of Judicial Police Officers in relation to criminal offenses that occur within the areas of their competence and are relating to their job duties.

Article (36) Duties of Judicial Police Officers Judicial Police Officers shall admit the reports and complaints submitted to them on the

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 15 criminal offenses. They, as well as their subordinates, shall seek clarifications and conduct the necessary inspection to facilitate the examination of the incidents reported to them or of which they become aware, in any manner whatsoever. In addition, they shall take all precautionary measures necessary to preserve evidence of the crime.

Article (37) Reports 1. All actions carried out by the Judicial Police Officers shall be recorded in reports to be signed by them, indicating the time and place of taking the underlying actions. Such reports shall also contain the signatures of the Accused, the witnesses and the experts questioned. 2. The reports shall be submitted to the Public Prosecution along with the relevant documents and items seized.

Article (38) Reporting a Criminal Offense Any person, who becomes aware of the occurrence of a crime in respect of which the Public Prosecution may institute a legal proceeding without a complaint or a request, shall report the same to the Public Prosecution or a Judicial Police Officer.

Article (39) Reporting a Crime Committed During Work When a public employee or a person entrusted with a public service becomes aware, during or on account of performing his / her job duties, of the occurrence of a crime in respect of which the Public Prosecution may institute a legal proceeding without a complaint or a request, he / she shall immediately report the same to the Public Prosecution or the nearest Judicial Police Officer.

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Article (40) The Complaint Must State the Claim for Civil Damages The Complainant shall only be deemed claiming civil damages if he expresses the same in his/her complaint or in any paper submitted by him/her thereafter, or if he/she claims compensation in either of them.

Article (41) Powers of Judicial Police Officer During Evidence Gathering Judicial Police Officers may, during the gathering of evidence, hear the statements of all persons who have information about the criminal offenses and their perpetrators, and may question the Accused about the same. They may also seek the assistance of doctors and other persons of expertise; however, they may only administer the oath to witnesses or experts if they have concerns that it would be impossible for their statements to be heard afterwards.

Article (42) Assistance by the Public Authority Judicial Police Officers may, in the course of carrying out their duties, seek the direct assistance of the public authority. Chapter Two Flagrante Delicto

Article (44) Powers of Judicial Police Officer on Flagrante Delicto Cases 1. In case of a crime caught in Flagrante Delicto, the Judicial Police Officer shall forthwith move to the crime scene, examine and retain the physical evidence of the crime, document the existing state of places and persons and anything else that may lead to revealing the truth, and take the statements of those present or those who might give some explanations as concerns the incident and the perpetrator thereof. He shall immediately inform the Public Prosecution of his move. 2. The Public Prosecution shall, once notified of a crime in Flagrante Delicto, move immediately to the crime scene.

Article (47) Arrest Warrant 1. Where the Accused is not present at the crime scene, the Judicial Police Officer may issue an Arrest Warrant against him, and the same shall be recorded in the report. 2. The Arrest Warrant shall be enforced by a public authority officer.

Article (48) Rights of the Accused 1. Once the Accused is arrested or brought and before his/her statements are heard, the Ju- dicial Police Officer shall inform the Accused of the criminal charge brought against him/her and of his/her right to remain silent. If the Accused fails to furnish evidence of his/her innocence, he shall be sent, within [48] forty-eight hours to the competent Public Prosecution. 2. The Public Prosecution shall question the Accused within [24] twenty-four hours, and shall then order that the same be either remanded in custody or released.

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Article (49) Handover of Perpetrator to Public Authority Officers Whoever watches the Perpetrator in Flagrante Delicto while perpetrating a felony or a misdemeanor he shall turn him / her over to the nearest public authority officer with no need for an Arrest Warrant.

Article (50) Handover of Perpetrator to Judicial Police Officers In respect of felonies or misdemeanors caught in Flagrante Delicto and for which the penalty prescribed by law is not a fine, the public authority officers shall arrest and surrender the Accused to the nearest Judicial Police Officer.

Article (51) Admission of Complaint Filed by Public Authority Officers If the crime caught in Flagrante Delicto is among the criminal offenses in respect of which the criminal action must only be instituted based on a complaint, the Accused may only be arrested if the complaint is authorized by the person having the right to file it. The complaint may, in which case, be filed by any of the members of the public authority being present at the crime scene. Chapter Four Search of Persons and Homes

Article (52) Searching the Accused The Judicial Police Officer may search the Accused in the instances where the law allows his arrest. The Accused shall be searched through looking for any items or chattels relating to the crime and which are necessary for investing it in his body, clothes or luggage.

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Article (53) Searching the Female Accused In case the Accused is a female person, she shall be searched by a female Judicial Police Officer or a woman to be delegated for that purpose by the Judicial Police Officer after she takes the oath that she shall perform her duties with loyalty and honesty.

Article (54) Searching the Home of the Accused 1. The Judicial Police Officer may only conduct a search on the home of the Accused based on a written search warrant issued by the Public Prosecution unless the crime is caught in Flagrante Delicto and where there is cogent evidence that the Accused is concealing in his / her home chattels or papers which may lead to revealing the truth. Search shall be con- ducted and the relevant chattels and papers shall be seized in the manner specified by law. 2. The chattels and papers required to be found shall be looked for across all parts of the home and its appurtenances and contents.

Article (55) Purpose of Searching the Accused's Home The home of the Accused may only be searched for finding the chattels relating to the crime for which evidence is being collected and investigation is being conducted. Nevertheless, if during the search, any chattels - whose possession per se constitutes a criminal offense or which may lead to revealing the truth in any other crime - are incidentally discovered, the Judicial Police Officer shall seize the same.

Article (56) Presence of Women During the Search of Home If any women are present at the house and the purpose of searching the same is not their arrest or search, the Judicial Police Officer shall deal with them in compliance with the applicable professional rules, shall allow them to cover up their body or leave the house, and shall grant them the necessary relevant facilities in such a manner that does not affect the

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 21 interest or result of the search.

Article (57) Searching the Accused while Searching His Home If, during the conduct of search of the home of the Accused, there are strong presumptions against him or against any person present therein suggesting that they are concealing something which may help reveal the truth, the Judicial Police Officer may search either of them.

Article (58) Presence of Sealed or Closed Papers When there are sealed papers or any documents closed by any other means at the home of the Accused, the Judicial Police Officer may not unseal or open them; however, he shall record the same in the search report and then submit the report to the Public Prosecution.

Article (59) Searching the Accused's Home in the Presence of Two Witnesses The home of the Accused shall be searched, whenever possible, in the presence of the Accused or his / her attorney, or, otherwise, in the presence of two witnesses who, if possible, shall be adult relatives, cohabitants or neighbors of the Accused, and the same shall be recorded in the search report.

Article (62) Break of Seals The break of seals affixed on the places and chattels shall be conducted in accordance with Articles [60] and [61] hereof in the presence of the Accused or his attorney and the person with whom these chattels are seized, or after summoning them to attend.

Article (63) Disclosure of Search Information Whoever becomes aware of information in relation to the chattels searched as a result of the search process, and discloses such information to any third party lacking the capacity or uses such information for his personal interests in any way whatsoever shall be punished by the penalties prescribed for the crime of information disclosure.

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Article (64) Providing a Certified Copy of the Papers Seized In case the person, with whom the papers are seized, has an urgent interest in relation thereto, he shall be given a certified copy thereof countersigned by the Public Prosecution, unless the same would be detrimental to the investigation interest. Part Two Investigation by Public Prosecution Chapter One Conducting the Investigation Section One General Provisions

Article (65) Conducting Investigation into Felonies and Misdemeanors The Public Prosecution shall, by itself, conduct the investigation into felonies and misdemeanors, where deemed necessary.

Article (66) Investigation Procedures 1. The Prosecutor shall conduct the investigation procedures with the assistance of one of a Public Prosecution's clerk, or may assign this duty to any other person after the latter takes the oath. 2. The Prosecutor and the clerk, as the case may be, shall sign every page of the investigation reports, and such reports, together with the other relevant papers, shall be kept in the case file. 3. Notwithstanding Clause [1] of this Article, the Prosecutor shall record all investigation procedures performed.

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Article (67) Confidentiality of Fact-Finding and Investigation Procedures 1. The investigation procedures per se and the ensuing results shall be deemed of a confi- dential nature. Consequently, members of the Public Prosecution and their assistants, clerks, experts and others who are involved in or attend the investigation ex officio shall not disclose the same. Whoever breaches this duty shall be punished by the same penalty prescribed for the crime of disclosure of confidential information. 2. The fact-finding reports shall be treated with the same confidentiality described in Clause [1] of this Article.

Article (69) Description of Issues to be Investigated In all instances where the Prosecutor delegates another person to perform any investigations, the former shall specify the matters required to be investigated and the action required to be taken. In addition, the person delegated may carry out any other investigation procedure, including the questioning of the Accused, in the instances where it would be too late to take such action whenever it is necessary for revealing the truth.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 25 Section Two Inspection, Search and Seizure of Crime-Related Chattels

Article (70) Movement of Prosecutor to Inspect 1. The Prosecutor shall move towards any place in order to identify the status of persons, places and chattels relating to criminal offenses and all matters required to be inspected. 2. In the instances where it is necessary to take an action at an entity that falls beyond the territorial scope of his competences, he may delegate a member of the competent prose- cution to perform such an action.

Article (71) Searching the Persons 1. The Prosecutor may search the Accused, and may only search any other person where there are strong indications that such a person is possessing crime-related items. 2. When searching a female person, the provisions of Article [53] of this Law shall be ob- served.

Article (73) Searching the Communications and Technical Means and Recording of Conversations 1. The Prosecutor may seize, at the post offices, all correspondence, letters, papers, printed materials and parcels, and, at the telegram offices, all cables. Furthermore, he may search the devices, networks, equipment, media, electronic supports, information systems, com- puter programs, or any technical means whenever the investigation so requires, or he may assign experts or specialists he deems appropriate to perform the same. 2. Subject to prior approval of the Attorney General, the Prosecutor may monitor and record the conversations, including wired and wireless communications.

Article (74) Review of Letters and Papers Seized Only the Prosecutor may review the correspondence, letters and other papers seized, and may, in light of such review, order that such papers be either kept in the case file or delivered back to the person possessing them or to whom they are addressed.

Article (75) Impermissibility to Seize Documents Delivered by the Accused to his Attorney The Prosecutor may neither seize the papers and documents that are delivered to an attorney by the Accused for the sake of performing the task assigned to him, nor review the correspondence exchanged between them in respect of the underlying case.

Article (76) Violation of Public Prosecution's Order to Hand over a Seizable Item The Prosecutor may order that any person having possession of any item required to be seized or reviewed submit the same, and whoever violates such an order shall be punished by the penalties prescribed for the crime of refusing to testify.

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Article (77) Communication or Delivery of a Copy of The Items Seized 1. Correspondence, letters, telegrams or similar papers seized or addressed to the Accused shall be communicated to him or he shall be given, as soon as practically possible, a copy thereof, unless the same is prejudicial to the progress of investigation. 2. Whoever claims a right over the chattels seized may request that the Prosecutor deliver the same to him. Section Three Return and Disposal of Chattels Seized

Article (78) Return of Chattels seized Chattels seized in the course of the investigation may be returned to their rightful owners, even before the judgment is rendered, unless they are necessary for proceeding with the case or are subject to confiscation.

Article (79) Return of Chattels Seized to their Possessor The chattels seized shall be returned to the person in whose possession they exist at the time of their seizure. However, if the chattels seized are those on which the crime is perpetrated or those resulting therefrom, they shall be returned to the person who is denied their possession as a result of the crime, unless the person with whom they are seized has a right to retain them under the law.

Article (80) Writ of Replevin The writ of replevin may be issued by the Public Prosecution, and the court may order Replevin in the course of hearing the criminal action.

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Article (81) Effect of Writ of Replevin The writ of replevin shall not prevent the parties concerned from claiming their rights before the civil court. However, the Accused or the Plaintiff in the criminal action may not claim such rights if the writ is issued by the criminal court upon motion of either of them against the other.

Article (82) Replevin of Chattel in Dispute 1. The writ of Replevin may be issued even without a motion. 2. The Public Prosecution shall not issue a writ of Replevin on a disputed chattel or on any other chattel where there is any doubt about the person having the right to gain its pos- session.

Article (83) Decision on the Chattels Seized 1. Where an order is issued to terminate the proceeding or that a case cannot proceed to criminal trial, the Prosecutor shall decide on the chattels seized. 2. Upon adjudicating on the criminal action, the criminal court shall decide on the chattels seized if they were reclaimed before such a court. In addition, it may, if deemed necessary, order that the matter be sent to the civil court. In the latter case, it may order that the chat- tels seized be kept in custody or that any other measures be taken to preserve them.

Article (84) Time Limit for Claiming the Chattels Seized The chattels seized and not reclaimed by their rightful owners within [5] five years following the date of determination of the criminal action by virtue of a final judgment, or by the issue of an order that a case cannot proceed to criminal trial, or in any of the instances set forth in Article [21] of this Law, shall become the property of the public treasury with no need for a judgment to be rendered to that effect.

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Article (85) Damage to Chattels Seized Over Time If the chattel seized is exposed to damage or reduction in value with the passage of time, or where preserving such a chattel would entail costs that exceed its value, an order may be issued that the same be sold through an open auction, in case the investigation requirements so entail. In which case, the rightful owner of the chattel so sold may claim the sale proceeds within the time limit prescribed in Article [84] of this Law. Section Four Interviewing Witnesses

Article (86) Interviewing Witnesses The Prosecutor shall interview the witnesses whose statements are requested to be taken by the parties, unless he decides that their statement is of no significance. He may also interview those witnesses whose statement is deemed significant on the facts that prove or lead to the substantiation of the crime and its circumstances and conviction or acquittal of the Accused.

Article (87) Ordering Witnesses to Appear for an Interview The Prosecutor shall order the witnesses whom he decided to interview to appear, through the public authority personnel. He may also take the statement of any witness who attends on his own accord, and the same shall be recorded in the report.

Article (88) Confrontation of Witnesses The Prosecutor shall hear each witness in private, and may make the witnesses confront each other.

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Article (89) Details of Witness Identity and the Procedures for Hearing His Statement Before the Public Prosecution 1. The Prosecutor shall instruct each witness to mention his name, surname, age, profession, nationality, place of residence and his relation to the Accused, the victim and the Plaintiff, and shall verify his identity. 2. The witness, who has completed fifteen years of age, shall, before giving his statement, and shall take the oath that he will say the truth, the whole truth and nothing but the truth. Witnesses under this age may also be heard on a precautionary basis without taking the oath.

Article (90) Signing the Witness Statement The Prosecutor and the clerk shall each sign each page of the witness statement, as case may be. The witness shall also sign each page of such a statement after the same is read out in his presence. If the witness abstains from signing or affixing his thumbprint, or if he is unable to do so, the same shall be recorded in the report together with the reasons furnished by the witness.

Article (91) Failure to Appear to Give Statement Whomever is ordered to appear before the Public Prosecution to give his statement shall appear based on the order served upon him. If he fails to appear without a lawful excuse, the Prosecutor may issue an arrest warrant against him.

Article (92) Excusable Failure of the Witness to Appear In case the witness is sick or has a lawful excuse for not appearing, his testimony shall be heard at the place of his whereabouts.

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Article (93) Witness Compensation Subject to the Law of protecting the witnesses and the like, the Minister of Justice or the head of the local judicial body may lay down the rules governing the assessment of the amount of expenses and compensation claimed by the witnesses because of their appearance to give testimony. Section Five Engagement of Expert Witnesses

Article (94) Engagement of Expert Witnesses for Investigation Requirements 1. In the event that the investigation requires the assistance of a physician or any other ex- pert witness to establish a particular fact, the Prosecutor shall issue an order for engaging them in order to submit a report on the mission assigned to them. 2. The Prosecutor shall be present when the expert witness is to performing his mission, and the latter may perform his duty without the presence of the litigants.

Article (95) Administration of Oath to Expert Witnesses If the expert witness's name is not recorded in the Roll, he shall take the oath before the Prosecutor to perform the duties of his mission with trust and honesty.

Article (96) Expert Witness's Report The expert witness shall submit his report in writing at the time scheduled by the Prosecutor. In case he fails to submit his report on time or if the investigation so requires, the Prosecutor may replace the expert witness with another one.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 32 Section Six Questioning and Confrontation

Article (97) Questioning the Accused The Prosecutor shall, when the Accused is present for investigation for the first time, write down all the information relating to his personal identity, shall inform the Accused of the charge imputed to him and shall record in the investigation report all answers made by the accused to the questions posed to him.

Article (98) Presence of the Accused's Attorney During Investigation Procedures The attorney of the Accused shall be permitted to both attend the investigation with the Accused and review the investigation papers, unless otherwise decided by the Prosecutor for the interest of the investigation. Section Seven Notice to Appear, Arrest Warrant and Travel Ban

Article (100) Arrest Warrant If the Accused fails to appear after being served a notice to appear without an acceptable excuse, is likely to escape, or has no known place of residence, or if he was caught in flagrante delicto, the Prosecutor may issue an Arrest Warrant against the Accused, even if the incident in question is an incident regarding which the accused may not be held in custody.

Article (101) Enforcement of Arrest Warrants Warrants issued by the Prosecutor shall be enforceable across all parts of the State, and the Arrest Warrants shall not be enforced after the lapse of six months following the date of their issue unless extended by the Prosecutor for another period.

Article (102) Questioning the Person Arrested The Prosecutor shall immediately question the arrested person; failing which, the arrested person shall be detained in one of the places designated for detention until he is questioned. The period of such custody shall not exceed [24] twenty-four hours after which the person in charge of the Detention Center shall send the detained person to the Public Prosecution, which, in turn, shall either immediately question him or order his release. Section Eight Order to Hold in Custody

Article (103) Holding in Custody Subject to the provisions of the Law concerning Juvenile Delinquents and Vagrants, the Prosecutor may, after questioning the Accused, order that the Accused be held in custody if there is sufficient evidence in respect of the underlying felony or misdemeanor and the same is punishable by other than a fine penalty.

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Article (104) Data of the Order to Hold in Custody In addition to the information stated in Article [99.2] of this law, the order to hold in custody shall contain instructions to the person in charge of the Detention Center to admit the accused and keep him in custody. The order shall further indicate the Article of law applicable to the incident.

Article (106) Person's Held in Custody Contact with Third Parties When the investigation procedures so require, the Prosecutor shall issue an Order Re No Communication, without prejudice to the right of the Accused to have contact with his attorney in private at all times.

Article (108) Provisional Release of Persons Held in Custody 1. The person held in custody for a crime punishable by the death penalty or a life sentence may only be released based on the approval of the Attorney General or his deputy. 2. The Public Prosecution may order the provisional release of the person held in custody or revoke the order of placing the Accused under electronic monitoring, for a felony or a mis- demeanor, at any time, whether sua sponte or upon motion of the Accused, unless the accused has been sent to the competent court for trial, as, in which case, his release shall fall within the jurisdiction of the said court.

Article (110) Payment of Bail The amount of bail shall be paid by the Accused or any third party, through depositing the specified amount with the court treasury. The bail may also take the form of an undertaking

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 37 made by a solvent person to pay the amount of bail in case the Accused fails to fulfill the release conditions. Such an undertaking shall be recorded in the investigation report or in a report to be kept in the case file, and either of such reports shall have the force of a Writ of Execution.

Article (111) Disposition of the Bail 1. If the Accused fails, without an acceptable excuse, to fulfill any of the obligations imposed on him under Article [109] hereof, the bail bond shall become the property of the govern- ment with no need for a court judgment to that effect. 2. The amount of bail shall be refunded in full if either a non-suit order is issued on the crim- inal action or the Accused is found innocent. 3. The court may, in all instances, decide that the amount of bail or any portion thereof be refunded, or that the bail bondsman be relieved of his undertaking.

Article (112) Post-Release Arrest Warrant 1. The order of releasing the Accused shall not prevent the Prosecutor from issuing a new Arrest Warrant against the same Accused whenever the evidence against him become stronger, if the Accused fails to fulfill the duties imposed on him, or if there are circum- stances that require such a measure. 2. If the release is ordered by the court, the new arrest warrant against the Accused shall be issued by the same court upon motion of the Public Prosecution.

Article (114) Inadmissibility of Motion for the Accused's Detention filed by the Victim or Plaintiff The motion for detention of the Accused submitted by the victim or the Plaintiff shall not be admitted, and the statements of the same shall not be heard in respect of the discussions relating to the release of the Accused. Chapter Ten Seizure of Property and Prevention of Disposition

Article (117) Termination of Precautionary Measures In all instances, the precautionary measures referred to in Article [115.1] hereof shall be terminated where a non-suit judgment is rendered, if a final judgment of acquittal is rendered thereon, or when the amounts awarded by the court are settled. Chapter Two Disposal of the Charge and of the Case

Article (119) Dismissal of The Case Without Prejudice Where the Public Prosecution is convinced, in respect of the misdemeanors and petty offences, in light of the evidence collected that the case is all set to be instituted, it shall summon the Accused to appear immediately before the competent criminal court. If, on the contrary, it is convinced that there is no legal ground to proceed with the case, it shall dismiss

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 41 the case without prejudice.

Article (120) Revoking the Decision to Dismiss the Case with Prejudice For misdemeanor cases, the Attorney General may revoke the decision referred to in Article [118] hereof within [3] three months following its issuance date, unless the same had been appealed and the appeal was dismissed.

Article (121) Taking the Case to The Misdemeanor Court Where the Public Prosecution is convinced that the wrongful act constitutes a misdemeanor or a petty offence and there is sufficient evidence against the Accused, it shall transfer the case to the competent misdemeanor court.

Article (122) Taking the Case to The Criminal Court Where the Chief Prosecutor or his deputy is convinced that the wrongful act constitutes a felony and that the evidence against the Accused is sufficient, he shall take the case to the criminal court. If there is any doubt as to whether the wrongful act constitutes a felony or a misdemeanor, the Accused shall be transferred to the criminal court under the charge of a felony.

Article (123) Judgment of Lack of Jurisdiction If a final judgment of no jurisdiction has already been rendered by the misdemeanor court on the grounds that the underlying act constitutes a felony, the Public Prosecution shall transfer the case to the criminal court.

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Article (124) The Decision to Take the Case to Court 1. The decision of taking the case to the court shall include the name, surname, age, place of birth, place of residence and nationality of the Accused, in addition to details of the crime he is charged with along with all its elements, the extenuating or aggravating circum- stances and the applicable articles of the law. 2. The Public Prosecution shall serve such decision upon the parties within [3] three days following its issuance, with the exception of the one-day crimes which are to be deter- mined by a decision of the Attorney General.

Article (125) Transferring all the Crimes to Court by a Single Transfer Order 1. Where the investigation covers several interrelated crimes falling within the jurisdiction of courts of the same instance, all of which shall be transferred by a single order to the court having the territorial jurisdiction over any of such crimes. 2. In the event that the crimes fall within the jurisdiction of courts of different instances, they all shall be transferred to the court of the higher instance.

Article (126) Release of the Accused Held in Custody The Accused held in custody shall be released if the order transferring him to the competent court does not include that he remains in custody.

Article (127) List of Witnesses 1. When the Public Prosecution transfers the case to the criminal court, it shall instruct the Accused, the Plaintiff and the party liable for the same to immediately submit a list of the witnesses required to give testimony before the court, containing their names and places of residence.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 43 2. The Public Prosecution shall make a list of its own witnesses and of those mentioned in the Clause [1] of this Article. 3. Such a list shall be served upon both the Accused and the witnesses mentioned therein.

Article (128) Service of Witnesses not Included in the List Each litigant shall, through a process server at its own expense, summon his witnesses whose names are not included in the list prepared by the Public Prosecution.

Article (129) Taking the Case to the Competent Court As soon as the investigation is completed, the Public Prosecution shall take the case to the competent court.

Article (130) The Decision to Take the Accused Who is Not Present to the Criminal Court If an order is issued to transfer an absent person accused of a felony to the criminal court then he shows up or is arrested, the case shall be heard ab initio before the court, in his presence.

Article (131) Supplemental Investigation If, after an order of transfer is issued, an incident occurs and necessitates a supplemental investigation, the Public Prosecution shall conduct the same and then submit the report to the court.

Article (132) Finding New Evidence 1. The non-suit order issued by the Public Prosecution shall prevent the re-initiation of in- vestigation unless new evidence comes to light.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 44 2. Witness statements, reports and other papers or electronic evidence that were not initially submitted to the Public Prosecution and which would reinforce the existing evidence con- sidered insufficient or add more clarification that may lead to revealing the truth, shall all be classified as new evidence. Part Three Appealing the Orders and Decisions Issued During Investigation Stage

Article (133) Appealing the Decision on Release or Custody Extension 1. The Public Prosecution may appeal the decision rendered by the judge on the provi- sional release of the Accused held in custody, and the release decision may only be exe- cuted after the expiration of the timeline of appeal. 2. The Accused may appeal the decision issued by the judge on extending his custody dur- ing the appeal time limit.

Article (134) Appealing the Dismissal with Prejudice Order The victim and the Plaintiff may each appeal the dismissal with prejudice decision issued by the Public Prosecution on the grounds that the charge is not proven, that the act is not punishable by law or that the evidence against the Accused is not sufficient.

Article (135) Appeal Procedures 1. The appeal mentioned in Articles [133] and [134] hereof shall be filed under a statement to be deposited with the criminal court's clerk office, and the timeline of appeal shall be [24] twenty-four hours in the cases provided for in Article [133] and [10] ten days in the cases provided for in Article [134] hereof. 2. The timeline of appeal shall commence as of the date of issuance of the decision with re- gard to the Public Prosecution and as of the date of service of the order with regard to the other litigants.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 45

Article (136) Appeal Hearing The date of the hearings shall be fixed for the appellant in the statement of appeal, and such a date shall fall within [3] three days. The Public Prosecution shall summon the rest of the litigants to be present at the scheduled hearing.

Article (137) Powers of the Court of Appeal The Court of Appeal shall examine the appeals against the orders and decisions referred to in this Part in chambers, and may also, whenever necessary, examine the same beyond the days scheduled for holding these hearings or outside the seat of the court.

Article (141) Misdemeanor Court Lacks Jurisdiction to Hear Felonies Where the Misdemeanor Court is convinced that the underlying act constitutes a felony, it shall decide that it lacks the jurisdiction and shall send the papers back to the Public Prosecution to take the appropriate legal measures.

Article (143) Territorial Jurisdiction Jurisdiction shall be determined based on the place wherein the crime is committed, unless otherwise provided for in the law.

Article (144) Determination of Crime Scene In case of an attempted crime, the crime shall be deemed to have been perpetrated at each place wherein any of the acts of commencement of perpetration has occurred. For continuous criminal offenses, the place of the crime shall be deemed each place wherein a state of

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 48 continuity occurs. In case of recidivism and successive criminal offenses, the place of the crime shall be each place wherein any of the acts involved in the crime is perpetrated.

Article (145) Overseas Perpetration of Crime Governed by the National Law Where any crime is perpetrated abroad and is governed by the provisions of the national law, the perpetrator shall be prosecuted before the federal criminal courts in the capital city of the Federation.

Article (146) Jurisdiction on Interrelated Crimes If one or more accused persons are brought before two courts in respect of a single crime or interrelated criminal offenses covered by a single investigation, where both courts have the jurisdiction, the case shall be transferred to the court to which the same was first submitted.

Article (147) Lack of Jurisdiction Judgment Where, at any stage of litigation, the court is convinced that it lacks jurisdiction to hear the case, it shall decide lack of jurisdiction, even without any motion by the parties involved. Chapter Two Criminal Courts' Jurisdiction over Civil Action and Suspension of Criminal Action

Article (148) Institution of Civil action Before Criminal Courts The civil action, regardless of the value thereof, may be instituted for claiming compensation against damage resulting from the crime, before the criminal court in order to be heard in conjunction with the criminal action, subject to payment of the prescribed legal fees.

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Article (149) Jurisdiction of Criminal Court Unless otherwise provided for in law, the criminal court shall have the jurisdiction to adjudicate on all matter upon which the decision on the legal proceeding pending before it relies.

Article (150) Stay of Criminal Action Pending Adjudication on Another Criminal Action In the event that adjudication on a criminal action depends on the result of another criminal action, the former shall be stayed until the latter is adjudicated on.

Article (151) Stay of Criminal Action Pending Adjudication on Personal Status Matter In the event that the adjudication of a criminal action depends on the decision on a personal status matter, the criminal court may order a stay of the criminal action and set a time limit for the Defendant, the Plaintiff, or the victim - as the case may be - to submit the mentioned matter to the competent authority; however, the stay of the proceeding shall not prevent the necessary or urgent measures or investigations.

Article (152) Resumption of the Criminal action If the time limit prescribed under Article [151] of this Law expires and the legal proceeding has not been filed with the competent authority, the court may disregard the stay of the criminal action and adjudicate on the same. It may also set another time limit for the party concerned, if there are reasonable grounds.

Article (153) Evidence Procedures on Non-Criminal Matters The criminal courts shall, in respect of the non-criminal matters to be decided thereon in conjunction with the criminal action, apply the means of evidence prescribed by the law

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 50 governing such matters. Chapter Three Conflict of Jurisdiction

Article (154) Designation of the Competent Court by the Federal Supreme Court Where two final judgments establishing or denying jurisdiction are rendered on the same matter, the application to designate the competent court shall be submitted to the Federal Supreme Court according to the following two articles.

Article (156) Jurisdiction of the Court to Which the Motion for Designation is Submitted After review of the papers, the court, to which the motion is submitted, shall designate the competent court, and shall decide on the measures and judgments that may have been rendered by the other court whose jurisdiction has been denied.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 51 Part Two Trial Procedures Chapter One General Provisions Section One Service of Process Upon Litigants

Article (157) Appearance of the Accused Before the Court When the case is transferred to a criminal court, the Public Prosecution shall order the Accused to appear before the competent court named in the transfer decision.

Article (158) Serving a Notice to Appear Upon the Accused is Unnecessary There shall be no need to serve upon the Accused a notice to appear before the court, if the latter has already attended the hearing and the charge has been brought against him by the Public Prosecution, and he accepted the trial.

Article (159) Notice to Appear Procedures 1. The notice to appear before the court shall be served upon litigants at least one full day prior to the scheduled hearing date in respect of petty offences, [3] three days in respect of misdemeanors, and [10] ten days in respect of felonies. 2. The notice to appear shall indicate the charge and the law articles that prescribe the pun- ishment.

Article (162) Open and Closed-Door Court Hearings 1. The court hearing shall be open; however, the court may, for reasons relating to the public order or preservation of public morals, order that the case, in whole or in part, be heard in cameras, or that particular persons be denied attendance. 2. With regard to the offenses against the honor and other instances prescribed by the law, the hearings shall be held in cameras.

Article (163) Presence of the Public Prosecution at Criminal Court Hearings A member of the Public Prosecution shall attend the hearings of the criminal court, and the latter shall hear him and decide on his claims.

Article (165) Appearance of the Defendant Before the Court Without Handcuffs 1. The Defendant shall appear before the court without handcuffs or restraints, but shall be duly monitored. 2. The Defendant may only be removed from the hearing when the case is being heard if he commits any act of disturbance that entails this measure. In which case, the procedures shall continue until he is allowed to appear again, then the court shall inform him of the actions taken in his absence.

Article (168) Testimony-Giving Procedures The witnesses shall be called by name, one by one, to give testimony before the court. The witnesses whose testimony is heard shall remain inside the courtroom until the pleadings are closed, unless the court permits them to leave. Where necessary, a witness may be asked to leave the courtroom while the testimony of another witness is being heard, and the witnesses may be confronted with each other.

Article (169) Examination of Witness 1. The court may, at any stage of the proceeding, pose to the witnesses any question it deems necessary to reveal the truth and may permit the litigants to do the same. 2. The court shall prevent any questions posed to the witnesses if they are irrelevant to the case or unacceptable. 3. Moreover, the court shall protect the witness from any explicit or implicit statements, as well as any sign that may confuse their thoughts or frighten them. 4. The court may decide against hearing the testimony of witnesses on facts that are deemed clear enough.

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Article (170) Hearing the Statements of Litigants 1. After hearing the testimonies of both the prosecution witnesses and the defense wit- nesses, the Public Prosecution, the Defendant and all other litigants involved in the case may give their statements. In all instances, the Defendant shall be the last to speak. 2. The court may prevent the Defendant, the remaining litigants and their attorneys from continuing to speak in case they speak beyond the subject of the case or repeat their for- mer statements.

Article (171) Appearance of the Absent Defendant In the event that the absent Defendant appears before the conclusion of the hearing in which the judgment is rendered, the case shall be re-heard in his presence.

Article (173) Subpoena 1. The witnesses shall be subpoenaed upon the request of the litigants in accordance with this Law, at least twenty-four hours prior to the hearing date. The witness may attend the hearing without notice upon motion of the litigants. 2. The court may, in the course of hearing the case, subpoena and hear the statement of any person, even based on an Arrest Warrant, whenever necessary. It may also subpoena him/her to appear at another hearing.

Article (175) Witness's Failure to Appear Until the Judgment Is Rendered In the event that the witness fails to appear before the court until a judgment is rendered on the case, he may file a grievance against the judgment condemning him to a fine with the court

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 58 that rendered the judgment.

Article (178) Failure to Hear the Witness Where it is not possible to hear the testimony of a witness for whatever reason, the court may decide that the testimony given by him during the preliminary investigation or in the evidence-gathering report or after taking oath according to Article [41] of this Law be read out.

Article (179) Witness's Failure to Remember Certain Facts Where the witness states that he no longer remembers any of the facts, or if the testimony of the witness given during the hearing conflicts with his former testimony or statements, the part relating to this fact may be read out from his statement given during the investigation or his statements in the evidence-gathering reports.

Article (180) The Order to Furnish Evidence The court may, even if sua sponte, during the hearing of the case, order that any evidence deemed necessary to reveal the truth be furnished.

Article (182) Challenging Case Papers on Forgery Grounds 1. The Public Prosecution and all litigants may, at any stage of the case, challenge on forgery grounds any paper submitted in the case. 2. The forgery allegation shall be made under a statement to be kept in the transcript of the hearing, and the same shall indicate where the forgery occurred and relevant proofs.

Article (184) Forgery of an Official Document If an official paper is decided to be forged, in whole or in part, the court that decides such forgery shall order that such a paper be either cancelled or corrected, as the case may be, and a report shall be drawn up to that effect.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 61 Section Five The Defendant Suffering from Mental Disability or Psychological Disorder

Article (186) Stay of Proceedings if the Defendant Is Unable to Defend Himself 1. If it is established that the Defendant is unable to defend himself due to insanity, mental disorder or weakness or a serious psychological disease occurring after the perpetration of the crime, the proceeding or the trial against him shall be suspended until the relevant cause ceases to exist. 2. The Defendant shall, in which case, be placed at a medical treatment facility based on an order of the Public Prosecution or the court that hears the proceeding, as the case may be. 3. The stay of the proceeding shall not prevent the investigation measures deemed urgent and necessary.

Article (187) Period of the Defendant's Stay at a Medical Treatment Facility The period spent by the Defendant in the medical treatment facility, under the preceding two

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 62 Articles, shall be subtracted from the period of the sentence or of the measures imposed on him.

Article (189) Crimes Perpetrated Against Victims with Psychological or Mental Disorder If a crime is committed against a person with a psychological or mental disorder, the competent court may, either sua sponte or upon motion of the Public Prosecution, issue an order to place him temporarily at a hospital or medical treatment facility or to hand him over to his family or a trusted person - as the case may be - until the case is adjudicated on. Chapter Two Special Procedures for Misdemeanor and Infraction Courts

Article (190) Judgment in Absentia or in Presence 1. In case the party duly summoned neither appears on the day specified in the notice to appear, nor is represented by an attorney in the cases permitted by law, the court shall adjudicate on the case in absentia. 2. In the event that the case is instituted against several persons for the same act, and any of

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 63 them has appeared before the court and others failed to appear, the court shall adjourn the case to a subsequent hearing in order to re-serve those who failed to appear. The judgment shall be rendered in the presence of all of them.

Article (191) Judgment Rendered as if in Presence The judgment shall be deemed in the presence of all litigants who attended the hearing upon calling the case, even if they leave the courtroom afterwards or fail to appear at the hearings to which the case is adjourned.

Article (192) Effect of the Judgment Rendered as if in Presence In the above-mentioned instances where the judgment is considered to be rendered in the presence of the litigants, the court shall investigate the case brought before it as if the litigant is physically present. Chapter Three Special Procedures for Criminal Courts

Article (193) Felonies Tribunal Each court of first instance shall have one or more tribunals for major criminal offenses consisting of three judges, and one or more tribunals for minor criminal offenses consisting of a single judge.

Article (194) Scope of Jurisdiction of Criminal Court The jurisdiction of the Criminal Court shall include the territorial scope for jurisdiction of the courts of first instance at the seat of this court, and it may hold its hearings elsewhere within its territorial jurisdiction.

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Article (195) Duties of Court-Appointed Attorney 1. The attorney, assigned by the court or appointed by the Defendant, shall defend the latter at the hearings or delegate someone else to represent him, failing which, he shall be con- demned to a fine not exceeding [AED 1,000] one thousand dirhams, without prejudice to the disciplinary trial, if applicable. The Judgment of fine shall be final. 2. The court may relieve him of the fine if it is established that he has had an acceptable ex- cuse that prevented him from attending the hearing in person or delegating someone else to act on his behalf.

Article (196) Determination of Fees for Court-Appointed Attorney The court shall issue, at the request of the court-appointed attorney, an order determining his professional fees to be borne by the public treasury, as guided by the fees schedule issued under a resolution of the Minister of Justice or the head of the judicial authority, as the case may be. This order shall be unchallengeable.

Article (197) Setting the Dates for Hearing the Case 1. The chief justice of the competent criminal court shall, when the case file is referred thereto, order that the Defendant and the witnesses be notified of the day scheduled for hearing the case, and the Public Prosecution shall subpoena them. 2. In the event that there are serious reasons for adjournment of the case, it shall be ad- journed to a fixed date.

Article (198) The Power to Arrest or Keep the Defendant on Remand The criminal court may, in all cases, order that the Defendant be arrested and brought before it or be remanded in custody and may release the remand prisoner on or without a personal guarantee or a bail bond.

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Article (199) Failure of the Felony-Charged Defendant to Appear Where the Defendant charged with a felony fails to appear on the hearing date, after being duly served with the decision to prosecute and a Notice to Appear, the court may either render a judgment in absentia or adjourn the case and order that the Defendant be served again.

Article (200) Denying the Defendant's Right to Dispose of his Property For every judgment of conviction that gives rise to depriving the Defendant of the right to dispose of or manage his own property or to institute any legal proceedings in his own name, the Public Prosecution, the Defendant or any interested party shall petition the Court of First Instance, within whose jurisdiction the property of the convict is located, to appoint a Receiver to manage the said property. The court may order the Receiver so appointed to provide a guarantee, and such Receiver shall be supervised by the court in respect of all affairs of receivership, and shall submit thereto a statement of account.

Article (201) Service of Process upon the Defendant Residing Abroad In the event that the Defendant is residing outside the State, the decision to prosecute and the subpoena shall both be served upon him at his place of residence, if known, at least one month prior to the date set for hearing the case. Judgment may be rendered in absentia if the Defendant fails to appear after being duly served or where the service could not be conducted.

Article (202) Reading Out the Decision to Prosecute and the Papers at the Hearing The decision to prosecute shall be read out at the hearing followed by all the papers proving that the absent Defendant has been duly served, following which, the Public Prosecution and the other litigants shall submit their statements and requests. Next, the court shall, if necessary, hear the witnesses and then adjudicate on the case.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 66

Article (203) Enforcement of The Judgment in Absentia As soon as rendered, the judgment in absentia shall be enforced as concerns all enforceable penalties and measures, and for damages, it may be enforced as of its rendering date. In which case, the Plaintiff shall provide a personal or pecuniary security, unless otherwise is stated in the judgment. The security shall be refunded two years following the rendering date of the judgment.

Article (204) Re-Trial of the Convict based on a Judgment in Absentia In the event that the Defendant convicted in absentia appears before the court or is arrested, the case shall be re-heard before the court. If the previous judgment for damages has been enforced, the court may order a refund of the amounts collected, in whole or in part.

Article (205) Failure of a Defendant to Appear The absence of a Defendant shall not delay the decision on the case with regard to the other Defendants. In case the Defendant charged with a misdemeanor that is brought before the criminal court fails to appear, the procedures applicable before the Misdemeanor Court shall apply. Part Three Ineligibility, Disqualification and Recusal of Judge

Article (206) The Eligibility, Disqualification and Recusal of Judge The provisions and procedures set forth in the Civil Procedure Law shall apply to the judge's eligibility to hear any legal proceeding and his disqualification and recusal, subject to the provisions of Articles [207] and [208] of this Law.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 67

Article (207) Situations Where the Judge Steps Down from a Case 1. The judge shall be prohibited from getting involved in hearing the case if the offense has been perpetrated against him in person, or if he has performed the duties of the Judicial Police Officer, the Public Prosecution or an attorney of any litigant involved therein, or where the judge has given testimony or performed any expert witness's duties in respect of the case in question. 2. The judge shall also be prohibited from getting involved in rendering a judgment on an appeal in cassation if the appealed judgment has been rendered by him.

Article (208) Disqualification of Judges 1. The litigants may disqualify the judges from adjudicating on any case in the instances de- scribed in Article [207] of this Law, and based on all disqualification instances described in the Civil Procedure Law. 2. Neither the Public Prosecution Members, nor the Judicial Police Officers, may be disqual- ified. Part Four Judgment Chapter One Rendering of Judgment

Article (209) No Obligation on the Court to Abide by Preliminary Investigation and Fact- Finding Reports The court shall be under no obligation to abide by the contents of the preliminary investigation or fact-finding reports, unless otherwise provided for in the Law.

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Article (210) Satisfaction of the Judge The judge shall adjudicate on the case according to his own satisfaction. However, the judge may not render a judgment based on any evidence that has not been produced to the litigants at the hearings.

Article (211) Open Hearing of the Judgment 1. The judgment shall be rendered at an open court hearing, even of the case has been heard camera, and shall be written down in the hearing transcript and signed by both the pre- siding judge and the clerk. 2. The Court may order that necessary measures be taken to prevent the Defendant from leaving the courtroom before the judgment is pronounced, or to ensure his appearance at the hearing of adjudication, even if by rendering a judgment of detention against him, where the pretrial detention is permissible as regards the underlying offense.

Article (212) Judgment of Acquittal If the incident in question is not proven, or where the law does not prescribe a penalty for it, the Court shall decide acquittal of the Defendant, and the latter shall be released if he is kept in detention only based on such an incident.

Article (213) Judgment of Conviction If the incident in question is proven and constitutes a punishable offense, the Court shall render the sentence according to the provisions set forth in this Law.

Article (214) Court's Compliance with Case Elements No judgment may be rendered against the Defendant on grounds of any incident other than

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 69 the one described in both the decision to prosecute and the notice to appear, nor may a judgment be rendered against a person other than the Defendant against whom the case is instituted.

Article (215) Change of Legal Characterization of the Incident 1. The Court may include in its judgment a change of the legal characterization of the inci- dent imputed to the Defendant, and may change the charge as deemed appropriate in light of the investigation or pleadings at the hearing. 2. The Court shall keep the Defendant notified of such change, and shall grant him a time limit for preparing his defense based on the new description or characterization, if the same is requested by the Defendant. 3. The Court may also correct any typographical error or omission in the words of indictment as contained in the decision to prosecute or in the notice to appear before the court.

Article (216) Hearing Transcript and Judgment The hearing transcript and judgment shall be complementary to each other for establishing the trial procedures and details of the judgment introduction.

Article (218) Rendering of Judgment by Majority Opinion or Unanimity The presiding judge shall collect the opinions, starting with the newest judge and so on up to the most senior judge, and shall then give his opinion. Judgment shall be rendered based on majority opinion, except for the judgments involving death penalty, which must be rendered by unanimity. In the absence of such unanimity, the death penalty sentence shall be replaced with life imprisonment sentence.

Article (219) Compulsory Procedures Upon Pronouncing a Judgment Upon pronouncing the judgment, the Court shall keep the same in the case file, including its grounds, and signed by the presiding judge and the judges. Chapter Two Correction of Judgments and Decisions

Article (221) Invalid Procedure The procedure shall be deemed invalid if the same is explicitly provided for in the law, or if the procedure involves any defect due to which the purpose of the procedure could not be achieved.

Article (222) Invocation of Public Order-Related Invalidity If the invalidity is due to failure to observe the provisions of the law relating to the formation of the court, or authority to adjudicate on the case, or its jurisdiction in terms of the type of crime brought before it, or due to a matter relating to the public order, such invalidity may be invoked at any stage of the case, and shall be decided by the Court even without motion.

Article (223) Invalidity Unrelated to Public Order Except for the instances where the invalidity is relating to the public order, the invalidity may only be invoked by the party in whose favor the same is established, unless such a party has caused such invalidity.

Article (224) Judgment of Invalidity Invalidity shall only be decided by the Court if the purpose of the form or matter required is proven to have occurred.

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Article (225) Termination of Invalidity Invalidity shall cease to exist if explicitly or implicitly waived by the party in whose favor the same is established, except for the instances where the invalidity is relating to the public order.

Article (226) Correction of the Notice to Appear If the Defendant attends a court hearing in person or through an attorney, he may not invoke invalidity of the Notice to Appear, but rather, he may request a time extension for getting his defense prepared before the case is heard, and the court shall grant such a request.

Article (227) Replacement of Invalid Procedure The invalid procedure may be replaced with a valid one, even after the invalidity is invoked, provided that the same takes place within the legal timeframe prescribed for performing the underlying procedure. If no such timeframe is established in the law, the Court shall set an appropriate time limit. In which case, the underlying procedure shall only become effective as of its replacement date.

Article (228) Effect of Invalid Procedure The invalid procedure shall not give rise to invalidity of the other procedures preceding it or those subsequent thereto, unless they have been dependent thereon.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 73 Part Six Challenging Judgments Chapter One Opposition

Article (230) Appealing the First Instance Court's Judgments 1. The Defendant and the Public Prosecution may each appeal against the judgments ren- dered on the criminal action by the courts of first instance. 2. Appealing a judgment shall not give rise to a stay of its execution, unless otherwise de- cided by the Court of Appeal according to the conditions it considers appropriate.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 74 3. The judgment imposing death penalty sentence shall be deemed appealed by operation of law and its execution is stayed.

Article (231) Appealing the Judgment Rendered on Interrelated Offenses The judgment rendered on inseparably interrelated offenses may be appealed, even if the appeal is legally permissible for the Appellant only with regard to any particular items of such offenses.

Article (232) Appealing the Jurisdiction-Related Judgments 1. The judgments rendered before the merits are adjudicated on may only be appealed if they give rise to a stay of proceedings. 2. Appealing the judgment rendered on the merits shall inevitably result in appealing such judgments. However, all judgments establishing lack of jurisdiction may be appealed. 3. The judgments establishing jurisdiction may be appealed if the court has no jurisdiction to hear the case in question.

Article (233) Appealing the Judgments Rendered on Civil actions The Plaintiff, the Defendant liable for the same, the insurer and the Defendant may each appeal against the judgments rendered on the civil action by the court of first instances with regard to the civil rights only, where the damages claimed are in excess of the jurisdictional amount on which the judge renders a final judgment, or if there is any invalidity affecting the judgment or a procedural invalidity that affected the judgment.

Article (235) Appealing the Judgments Rendered as if in Presence For the judgment rendered as if in the presence of the litigant, as defined in Articles [190] and [191] in this Law, their appeal time limit shall commence, with regard to the party in whose absence they are rendered, as of the date of service.

Article (236) Scheduling a Hearing for the Appeal 1. The criminal clerk's office shall write down, in the statement of appeal, the date of the hearing scheduled for hearing the appeal, and the same shall be deemed a service of the hearing date, even if the statement of appeal is filed by the attorney of the Appellant. In addition, the Public Prosecution shall notify the other litigants involved of the hearing date. 2. If the Defendant is imprisoned, the Public Prosecution shall move him at an appropriate time to the penal institution where the court of appeal is located, and, in which case, the court of appeal shall adjudicate on the appeal expeditiously.

Article (237) Procedures for Hearing and Adjudication on Appeal The court shall hear the Appellant's statements and review the grounds of his appeal, and then

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 76 the other litigants shall speak. The Defendant shall be the last to speak. Next, the court shall render its judgment after review of the papers of the case.

Article (238) Lapse of Appeal The appeal filed by the Defendant on whom a custodial sentence is imposed shall lapse if the Defendant fails to surrender himself for enforcement of the judgment prior to the scheduled hearing of the appeal.

Article (239) Examination of Witnesses 1. The court of appeal shall, by itself, examine the witnesses whose testimony should have been given before the court of first instance, and shall complete any other shortcoming in the investigation procedures. 2. In all instances, the court of appeal may order that any investigation be conducted or that any witness testimony be given as deemed necessary, and any witness may only be sub- poenaed if so ordered by the Court.

Article (240) Setting Aside the Appealed Judgment and Remand of Case to Public Prosecution For the appeal filed by the Public Prosecution, the court of appeal shall, if it is convinced that the act decided on as a misdemeanor constitutes a felony, order that the appealed judgment be set aside, that the court of first instance be lacking the jurisdiction, and that the case be remanded to the Public Prosecution for taking the necessary action with regard thereto.

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Article (241) Judgment on the Appeal 1. If the appeal is filed by the Public Prosecution, the court may affirm, set aside or amended the appealed judgment in favor of or against the Defendant. However, the judgment of acquittal may only be set aside by unanimity. 2. If the appeal is not filed by the Public Prosecution, the court may only affirm, set aside or amended the appealed judgment in favor of the Appellant. For the judgments in absentia and the opposition proceedings against them before the court of appeal, the procedures applicable before the court of first instance shall apply.

Article (243) Setting Aside the Judgment Awarding Damages If the Judgment awarding damages is set aside, but such damages have been enforced on a temporary basis, they shall be refunded based on the new judgment.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 78 Chapter Three Cassation

Article (247) Payment of Security Deposit If the appeal in cassation is not filed by the Public Prosecution or by the convict sentenced to death penalty or a custodial sentence, such appeal may only be admitted after the Petitioner pays an amount of AED [1,000] one thousand dirhams to the court treasury as a security deposit.

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Article (250) Correction of Erroneous Citation of Law or Law Provisions If the judgment grounds include an erroneous citation of the law or the provisions of the law,

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 81 the judgment shall not be overturned as long as the court-ordered penalty is prescribed by the law for the offense in question, and the court shall correct the error made.

Article (251) Overturning a Judgment Only aspects of the judgment upon which the appeal in cassation is based shall be overturned, unless the entire aspects of judgment are inseparably interrelated. Unless the appeal in cassation is filed by the Public Prosecution, the judgment shall only be overturned with regard to the Petitioner filing the appeal in cassation, unless the aspects on which the appeal in cassation is based are related to other Defendants. In which case, the judgment shall be overturned with regard to all Defendants, even if they do not appeal the judgment.

Article (252) Pleas in Bar If the contested judgment was issued due to accepting a plea in bar and such judgment is overturned by the court of cassation and the case is remanded to the lower court issuing the judgment for examination of the merits of the case, the lower court shall not make any judgment contrary to the court of cassation's judgment.

Article (254) Legal Costs and Damages 1. If the court to which the appeal in cassation is submitted decides that the appeal in cassa- tion be denied, dismissed in whole or in part, or be inadmissible, the Petitioner filing the same shall be ordered to pay the legal costs, and the security deposit shall be forfeited in whole or in part. 2. If the court is convinced that the appeal in cassation is based on malicious grounds, it may award damages in favor of the Respondent, if the same is claimed by the latter.

Article (255) Prohibition of Reformatio In Peius If the judgment is overturned upon motion by any litigant other than the Public Prosecution, no harm shall be inflicted upon such a litigant based on the appeal in cassation.

Article (260) Notifying the Litigants of the Hearing The Public Prosecution shall notify the litigants of the hearing scheduled for examining the motion before the criminal cassation tribunal at least three [3] days prior to the hearing date.

Article (262) Stay of Execution of Judgment The filing of a motion for reconsideration shall not cause a stay of execution of the judgment, unless the underlying judgment involves death penalty. Other than that, the court may order a stay of execution in its decision whereby the motion for reconsideration is granted.

Article (263) Publication of Acquittal Judgment Every judgment of acquittal based on a motion for reconsideration shall be published, at the government's expense, both in the official gazette and in a local newspaper chosen by the person concerned.

Article (264) Lapse of Judgment for Damages Overturning the contested judgment shall automatically give rise to the lapse of the judgment for damages rendered based thereon, and any amount of such damages shall be refunded accordingly.

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Article (265) Award of Damages for Overturned Judgment 1. If the convict claims damages resulting from the judgment decided to be overturned, the court may award such damages under the acquittal judgment, 2. If the convict is dead when the motion for reconsideration of the judgment against him is filed, the legal heirs of him shall be entitled to claim the damages described in Clause [1] of this Article. 3. Damages may be claimed at any stage of retrial proceeding.

Article (266) Challenging the Reconsideration Judgments 1. Judgments rendered by any judicial body other than the criminal cassation tribunal on the merits of a case based on a motion for reconsideration may be challenged by all methods of challenge prescribed by law. 2. No punishment harsher than the punishment or measures imposed on the convict may be ordered.

Article (267) Dismissal of Motion for Reconsideration If a motion for reconsideration is dismissed, it may not be re-submitted based on the same grounds. Part Seven Binding Force of Final Judgments

Article (268) Res Judicata Effect of Final Judgments 1. The criminal action and the facts therein contained shall lapse with regard to the Defend- ant concerned once a final judgment of acquittal or conviction is rendered thereon.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 87 2. If a judgment is rendered on the merits of the criminal action, the same may only be re- heard based on a challenge against such judgment by the methods of challenge prescribed by law.

Article (269) Binding Force of Criminal Judgments Before Civil Courts The final criminal judgment of acquittal or conviction rendered on the merits of a case shall have a binding force before the civil courts in respect of the civil actions which have yet to be decided on under a final judgment, in respect of the occurrence of the offense and its legal characterization and perpetrator. The judgment of acquittal shall have such a binding force, whether it is based on exoneration of the Defendant or lack of evidence. Such binding force shall have no existence if the judgment is based on the principle that the underlying act is not a legally punishable offense.

Article (270) Binding Force of Civil Judgments Before Criminal Courts Judgment rendered on civil actions shall have no binding force before the criminal courts in respect of the occurrence of an offense and its perpetrator.

Article (271) Binding Force of Personal Status Judgments Before Criminal Courts Judgments rendered on personal status matters shall have the res judicata effect before the criminal courts in respect of the personal status matters upon which the adjudication on the criminal action is based.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 88 Book Four Enforcement of Judgments Part One General Provisions Chapter One Enforceable Judgments

Article (272) Enforcement of Criminal Judgments The Public Prosecution shall enforce the judgments rendered on all criminal actions instituted before the courts, and may, if necessary, seek direct assistance from the public authority.

Article (273) Replacement of Punishments or Measures in Legally Prescribed Instances Subject to the provisions of Book I of the Crimes and Penalties Law [Penal Code], referred to hereinabove, the punishments or measures described therein or in any other laws may only be replaced or amended upon being ordered or enforced in the instances prescribed by law. Such punishments and measures shall be applied and enforced as described in this law.

Article (274) Enforcement of Judgments Rendered on Qisas Offenses The judgments rendered on Qisas offenses shall not be expeditiously enforced.

Article (275) Execution of Diyya Punishment The party convicted for Diyya payment shall be kept at a penal institution based on an order of the Public Prosecution until the Diyya judgment is enforced or the Diyya amount is settled.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 89

Article (276) Postponement of Diyya Payment by Attorney General The Diyya payment may be postponed or allowed to paid in installments based on the approval of the Attorney General for reasonable considerations decided by him. The relevant decision shall indicate the postponement period and precautionary measures to be taken to prevent the convict from escape.

Article (277) Release or Cancellation of Remand Prisoner's Provisional Electronic Monitoring The remand prisoner shall be immediately released or shall have his provisional electronic monitoring immediately cancelled – as the case may be -if the judgment establishes his acquittal or imposes a non-custodial sentence or a penalty that does not entail imprisonment, if a stay of execution of the sentence is ordered, or if the Defendant has already served the term of the sentence or punitive measures imposed on him while undergoing pretrial detention or electronic monitoring. Chapter Two Objection to Enforcement and Relevant Procedures

Article (278) Filing the Objections to Enforcement Any objections to the enforcement of criminal judgments shall be filed with the court that rendered the judgment.

Article (279) Objection Procedures Objection shall be filed under a statement to be submitted to the court within the territorial jurisdiction of which the enforcement is to take place. The date scheduled for hearing the objection before the competent court shall be indicated in the statement and shall not exceed

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 90 seven [7] days of the filing date thereof. The objecting party shall be notified to appear on the hearing date, and the Public Prosecution shall notify the litigants to appear on the scheduled date.

Article (280) Objection to Enforcement of Death Penalty If the objection relates to the enforcement of a death penalty judgment, it may be filed with the person in charge of the management of the institution or place of enforcement of the sentence, and such a person shall be required to immediately submit the same to the Public Prosecution in order to fix the date for hearing it and notify the litigants to appear on the said date.

Article (281) Stay of Execution of Judgment Subject to Enforcement Objection Filing an objection to the enforcement of a judgment shall not bring about a stay of execution of the underlying judgment, unless the judgment in question imposes death penalty. Other than that, the court may order a stay of execution until the objection is decided on.

Article (282) Legal Representation for the Objector Under any circumstances, the objector may appoint an attorney to defend him, without prejudice to the court's right to order his personal appearance.

Article (283) Adjudication on the Objection The objection shall be adjudicated on after hearing the statements of both the Public Prosecution and interested parties, and the court may conduct the necessary investigations. Decisions on the subject of the objection shall establish impermissibility of enforcement, dismissal of the objection or continuation of enforcement, and the decision made on the objection shall be unchallengeable.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 91 Part Two Enforcement of Death Penalty

Article (284) Place of Keeping the Convict Sentenced to Death The convict sentenced to death shall be kept at a penal institution based on an order of the Public Prosecution until the judgment is enforced.

Article (285) Ratification of Death Penalty When the death penalty judgment rendered by a federal court becomes final, the case file shall be submitted to the President of the State through the Minister of Justice for ratification of the judgment.

Article (286) Meeting the Convict Sentenced to Death 1. Relatives of the convict sentenced to death may meet him on the day fixed for enforce- ment of the judgment but away from the place of enforcement. 2. If the convict requests a meeting with the religious preacher of the penal institution or any other religious person before the sentence is enforced against him, the necessary facilities shall be provided to enable such a meeting.

Article (287) Place of Enforcement of Death Penalty The death penalty shall be enforced within the penal institution or elsewhere based on a written order of the Attorney General, indicating the necessary fulfillment of the procedures set forth in Article [289] of this law.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 92

Article (289) Death Penalty Enforcement Procedures 1. The person in charge of the management of the penal institution shall read out the oper- ative part of the death penalty judgment and the charge based on which the judgment has been rendered against the convict, at the place of enforcement in full view of the persons present. If the convict wants to say anything, the Public Prosecution Member shall draw up a report to that effect. 2. When the enforcement is completed, the Public Prosecution Member shall draw up a re- port, and shall write down in the report the physician's confirmation of the death and its occurrence time.

Article (290) Death Penalty Enforcement Times The death penalty shall not be enforced on the official holidays and religious holidays of the convict's religion.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 93

Article (291) Postponed Execution of Pregnant Woman The enforcement of death penalty against the pregnant woman shall be postponed until she gives birth and breastfeeds her newborn for two years, and she shall be imprisoned up to the postponed enforcement date. Part Three Enforcement of Custodial Sentences

Article (293) Inclusion of Enforcement Commencement Day The commencement day of judgment enforcement against the convict shall be included in the sentence term, and the convict shall be released on the day following the expiration of the sentence term at the time scheduled for releasing the prisoners.

Article (294) Commencement of Custodial Sentence Term The custodial sentence term shall commence on the date of arresting the convict based on an

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 94 enforceable judgment, and such a term shall be reduced in proportion to the pretrial detention period.

Article (295) Subtracting the Pretrial Detention or Monitoring Period from Sentence Term If the Defendant is exonerated from the offense based on which he has underwent pretrial detention or provisional electronic monitoring, or where a dismissal with prejudice order is issued in respect thereof, the pretrial detention or provisional electronic monitoring period shall be subtracted from any sentence imposed on him on the grounds of any criminal offense committed by him during or prior to the pretrial detention.

Article (296) Multiplicity of Custodial Sentences Where there are several custodial sentences imposed against the Defendant, the pretrial detention and arrest period shall be subtracted from the lighter sentence first.

Article (297) Postponed Enforcement of Custodial Sentence Against a Pregnant Woman If the woman punished by a custodial sentence is pregnant, the enforcement of judgment against her may be postponed until she gives birth to her baby and a six-month period following her childbirth passes.

Article (298) Postponed Enforcement of Custodial Sentence Against a Diseased Person If the person punished by a custodial sentence is afflicted with a life-threatening disease, or where the enforcement of judgment against him would jeopardize his life, the enforcement of sentence may be postponed.

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Article (299) Postponed Enforcement of Custodial Sentence Against a Person with Mental or Psychological Disorder If the convict is afflicted with insanity or serious mental or psychological disorder, which makes him totally unable to control his acts, the enforcement of sentence shall be postponed until he is cured. In which case, he shall be kept at a medical treatment facility, and the period of his stay at the same shall be subtracted from the court-ordered sentence term.

Article (300) Postponed Enforcement of Custodial Sentence Against a Spouse If a husband and his wife are punished by a custodial sentence, the enforcement of sentence may be postponed against either of them until the other party is released, in the event that they are taking care of a young child under fifteen [15] years of age, provided that they have a known place of residence in the State.

Article (302) Diversity of Custodial Sentences If there are diverse custodial sentences, the harshest sentence shall be enforced first.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 96 Part Four Enforcement of Non-Custodial Measures

Article (303) Release of Sentenced Prisoner The sentenced prisoner may only be released before the end of his sentence term in the instances defined in the law.

Article (304) Conditional Release 1. Every convict punished by a custodial sentence may be granted conditional release if the same satisfies the requirements set forth in the Penal Institutions Law. 2. The convict granted conditional release shall be subject to the requirements set forth in the above-mentioned law throughout the remaining period of his sentence term. 3. Upon motion of the Public Prosecution, the conditional release may be revoked if the re- leased person fails to satisfy the requirements set forth in Clause [2] of this Article.

Article (306) The Order of Measures Enforcement 1. The measures shall only be enforced after the custodial sentences are enforced. 2. Notwithstanding the provision of Clause [1] of this Article, the measure of committal to a medical treatment facility shall be enforced ahead of any other sentence or non-custodial measure, while the physical measures shall be immediately enforced, unless the law pro- vides otherwise. Part Five Settlement of Court-Awarded Amounts

Article (307) Settlement of Amounts Due to the Government Upon settlement of the amounts due to the government in respect of the fines and charges, the refundable amounts and compensatory damages, the Public Prosecution shall, before initiating the enforcement procedures, notify the convict of the value of such amounts, unless such a value is mentioned in the judgment.

Article (321) Interruption of Limitation Period 1. The limitation period shall be interrupted by arresting the convict punished by a custodial sentence, or based on any enforcement procedure that is conducted against the convict or of which the latter becomes aware. 2. The limitation period shall be interrupted if, during such a period, the convict commits a criminal offense of the same type of, or similar in nature to, the one for which he has been convicted, not including the infractions.

Article (322) Suspension of Limitation Period The running limitation period shall be suspended upon the occurrence of any impediment, whether legal or physical, that precludes enforcement.

Article (323) Provisions on Compensatory Damages and Costs 1. The provisions regulating the limitation period set forth in the Civil Procedure Law shall apply in respect of the court-ordered compensatory damages, refundable amounts and legal costs. 2. Enforcement by way of physical coercion shall not be conducted after expiration of the limitation period for the sentence.

Article (324) Death of the Convict If the convict passes away after a final against is rendered against him, the compensatory damages and refundable amounts shall be enforced against his estate.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 103 Book Five Miscellaneous Provisions Part One Judicial Supervision of Penal Institutions

Article (325) Prosecution Members' Access to Penal institutions and the Like Members of the Public Prosecution shall have the right to get access to penal institutions, detention centers, remand places and debtor jails that are located within the circuits of their territorial jurisdiction, in order to ensure the absence of any illegally-detained persons. In addition, they may also review and take copies of the records and arrest and detention warrants, communicate with any inmate and hear their complaints. To that effect, they shall receive every assistance to get the information required.

Article (327) Loss of Judgment or Investigation Papers If the judgment document is lost for whatever reason before its enforcement, or if all investigation papers are lost, in whole or in part, before a decision being issued thereon, the procedures described in the following Articles shall apply:

Article (328) Certified Copy of Judgment If a certified copy of the judgment is available, it shall be used in lieu of the lost judgment document, and if such a copy lies in the possession of some person or entity, the Public Prosecution shall obtain an order from the chief justice of the court issuing the judgment for delivery of such a copy.

Article (329) Loss of Judgment Losing the judgment document shall not give rise to retrial where the methods of challenging the judgment have been exhausted.

Article (330) Retrial Due to Failure to Obtain Judgment Copy If the case is heard by the criminal cassation tribunal, and it is not possible to obtain a copy of the judgment, the court shall order that retrial be conducted where the methods of challenging the judgment have all been exhausted.

Article (331) Loss of Investigation Papers Before Issuing a Decision If the investigation papers are lost, in whole or in part, before a decision being made in respect

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 105 thereof, the investigation shall be reconducted in respect of the papers lost. If the case is pending before the court, it shall conduct the necessary investigations.

Article (332) Loss of Investigation Papers Not Including the Judgment If the investigation papers are lost, in whole or in part, but the judgment document is available and the case is heard by the criminal cassation tribunal, the procedures shall only be re- conducted if so decided by the court. Part Three Calculation of Dates and Time Limits

Article (333) Notice Times 1. No notice shall be served before seven in the morning [07:00 am] or after six in the even- ing [06:00 pm], and shall not be served on public holidays unless there is a permission to that effect by the competent in necessary circumstances. Such a permission shall be indi- cated in the original copy of the notice. 2. If the notice is served by any modern means of communication, whether upon a natural or private legal person, the times set forth in clause [1] of this Article shall not apply.

Article (334) Gregorian Calendar The dates and timeframes stipulated in this law shall be calculated based on the Gregorian calendar, unless otherwise provided.

Article (336) Concept and Effect of Criminal Orders The criminal order is a judicial order issued by the Prosecutor for adjudicating on the merits of the criminal action which he decides not to dismiss without prejudice nor transfer to the court of the misdemeanor and infractions described in this chapter, even if in the absence of the Defendant. The criminal order shall give rise to termination of the criminal action, unless challenged by the Defendant within the legal time limit.

Article (338) Offenses Excluded from Criminal Order-Related Provisions The following criminal offenses shall be excluded from the scope of applying the provisions on the criminal order: 1. Qisas and Diyya offenses; 2. Criminal offenses affecting the national security and interests of the State; 3. Offenses involving the exercise of any influence on, or defamation of, the judiciary, and impediment of judicial procedures; 4. Criminal offenses described in the Juvenile Delinquents and Vagrant Law; 5. Criminal offenses whose punishment is not permitted by the law to be mitigated; and 6. Criminal offenses for which the law prescribes a banishment sentence.

Article (339) Prosecutor's Issuance of Criminal Order The prosecutor may issue a criminal order against the convict found guilty, by imposing the legally prescribed fine against him, but not exceeding half of its maximum threshold, in addition to the supplemental penalties and fees.

Article (340) Details of Criminal Order The criminal order issued by the Prosecutor shall contain the following details: 1. The date of issue of the criminal order; 2. The name and personal details of the Defendant and criminal action's registration number; 3. The charge brought against the Defendant; 4. The law provision[s] applicable to the offense committed; and

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 108 5. The name and rank of the prosecutor issuing the criminal order;

Article (341) Amendment or Revocation of Criminal Order 1. The public prosecutor, with a rank of at least a Chief Prosecutor, and who is nominated under a decision of the Attorney General, may amend or revoke the criminal order within seven [7] days following its date of issue. 2. Revocation of the criminal order shall render the same as null and void, and shall cause the criminal action to be prosecuted and processed in the way described herein. 3. The criminal order, as amended, shall be served upon the Defendant. 4. The criminal order may only be re-issued after being revoked if the revocation is made for proving the validity of the conviction or its violation of the law.

Article (343) Finality of the Criminal Order The criminal order shall become final and unchallengeable with regard to the Defendant in either of the following cases: 1. In case the Defendant performs the criminal order through payment of the prescribed fine; or 2. Lapse of the right to object to the criminal order on limitation grounds.

Article (344) Filing A Civil Action 1. Filing a civil action shall not preclude issuance of the criminal order, and the Plaintiff may resort to the competent civil court to claim his rights. 2. The decision made on the subject matter of the criminal action under the criminal order shall not have any legal force in the civil courts.

Article (346) Penalty Prescribed by the Criminal Order The penalty prescribed by the criminal order shall not be deemed a criminal conviction that entails rehabilitation.

Article (347) Amendment or Revocation of Criminal Order by Attorney General 1. The Attorney General may amend or revoke the criminal order within thirty [30] following the date of its issue or amendment, or as of the date of waiver by the Defendant of its objection, even if the criminal order has been enforced. The criminal order shall be served upon the Defendant. 2. The Attorney General shall issue the decisions and instructions required for implementing the provisions set forth in this Chapter. Chapter Two Criminal Conciliation

Article (348) Criminal Conciliation Procedures The Public Prosecution or the competent court, as the case may be, may initiate the procedures of Criminal Conciliation based on an agreement between the victim or his attorney appointed under a special power of attorney or his heirs or their attorney appointed under a special power of attorney on the one hand, and the Defendant on the other hand, to amicably settle and bring their dispute in criminal matters to an end according to the provisions set forth in this chapter.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 111

Article (349) Offenses to which Criminal Conciliation is Applicable The provisions of Criminal Conciliation set forth in this Chapter shall apply to the following offenses: 1. Misdemeanors and infractions described in Articles 382 [Paragraph 1], 390, 394, 403, 404, 425, 426, 427, 431, 432 [Paragraph 1], 433, 447, 453, 454, 455, 464 [Paragraph 1], 465 [Paragraph 1], 467, 468, 473 and 474 of the Crimes and Penalties Law [Penal Code]. 2. The other misdemeanors and infractions in respect of which the law provides that the criminal action shall be terminated on the grounds of conciliation or waiver.

Article (358) Effect of Conciliation on the Civil Action Conciliation shall have no effect on the civil rights of the victim or of the aggrieved party, or on the right of either of them to resort to the civil courts to claim final compensation for the damage sustained, unless such rights or waived or covered by the conciliation agreement.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 117

Article (360) Provisions of Plea Bargaining in Misdemeanor Cases The Public Prosecution may, if the crime is actionable before the competent court, propose to the Defendant in misdemeanor cases a final out-of-court settlement of the criminal action, by accepting any of the punishments and measures described in Article [362] hereof. In which case, the Plea Bargain shall be enforced based on the competent criminal judge's approval of the final Plea Bargain report.

Article (361) Scope of Plea Bargaining in Misdemeanor Cases The Plea bargaining process shall not apply to the following offenses: 1. Qisas and Diyya offenses; 2. Criminal offenses affecting the national security; 3. Criminal offenses described in the Juvenile Delinquents and Vagrant Law; 4. Criminal offenses for which the law does not allow reduced sentences; 5. Specific offenses to which the Public Prosecution applies the provisions of the criminal

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 118 order; and 6. Offenses that are inseparably associated with an offense to which the plea bargaining process is not applicable.

Article (363) Preliminary Offer of The Plea Bargaining in Misdemeanor Cases 1. The Public Prosecution shall serve the Defendant, if the same is not present, of the offered Plea Bargain, according to the methods and procedures of service set forth in this law. The served notice shall indicate the right of the Defendant to an attorney before accepting the Public Prosecution's offer. 2. The Defendant shall accept or decline the offer within five [5] business days of the date of being offered to him or of the date of being served upon him, as the case may be. Failure of the Defendant to respond to the offer shall be construed as a rejection of the Plea Bar- gain.

Article (364) Acceptance by the Defendant of The Plea Bargain in Misdemeanor Cases If the Defendant accepts the Plea Bargain, the Prosecutor shall draw up an independent report containing details of the Defendant, a description of the charges brought against him and the articles of law applicable thereto, as well as the proposed penalties and measures. Such report shall be signed by the Defendant.

Article (367) Effect of The Plea Bargain on Rehabilitation The penalty prescribed under the Plea Bargain process shall not be deemed a criminal conviction that entails rehabilitation. Section Two Plea Bargaining in Felony Cases

Article (368) Provisions of Plea Bargaining in Felony Cases The Public Prosecution may, either sua sponte or at the request of the Defendant in respect of the felonies and misdemeanors that are inseparably associated therewith, where the investigation procedures are completed and there is strong presumptions that the Defendant has committed such offenses, make an offer to the Defendant, in the presence of his attorney, that in exchange for giving a detailed confession of committing such offenses, it shall request

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 122 that the Court passes a reduced sentence, as described in Article [370] hereof.

Article (369) Scope of Plea Bargaining in Felony Cases Without prejudice to the provisions of Article [370] hereof, the provisions of the Plea Bargain shall apply to the felonies punishable by a determinate prison sentence and the misdemeanors that are inseparably associated therewith.

Article (369) Scope of Plea Bargaining in Felony Cases Without prejudice to the provisions of Article (361) hereof, the provisions of the Plea Bargain shall apply to the felonies punishable by a determinate prison sentence and the misdemeanors that are inseparably associated therewith.

Article (371) Preliminary Offer of Plea Bargaining in Felony Cases 1. The Public Prosecution shall serve upon the Defendant or whoever he decides of the De- fendants – if they are not present –his offered Plea Bargain in felonies, according to the methods and procedures of service set forth in this law. The served document shall em- phasize the need for engaging an attorney. 2. The Defendant shall accept or decline the offer no later than ten [10] days of the date of being offered to, or served upon him, as the case may be. Failure of the Defendant to re- spond to the offer shall be construed as a rejection of the Plea Bargain.

Article (374) Retraction of Criminal Confession The Defendant may retract his confession at any stage before the judgment is rendered. In which case, the criminal action shall be sent back to the Public Prosecution to be prosecuted and processed according to the procedures prescribed by law by a Prosecutor other than the prosecutor who was party tothe Plea Bargaining procedures.

Article (377) Handover of Objects and Funds Without prejudice to the rights of bona fide third parties, the Defendant shall, if he accepts the Plea Bargain, shall surrender any objects or funds that are involved in, intended to be involved in, or resulting from, the criminal offense, where such objects or funds are in his direct or indirect possession or are under his direct or indirect control.

Article (378) Effect of Multiplicity of Convicts on The Plea Bargain Offer Multiplicity of Defendants involved in the criminal action shall not prevent the Public Prosecution from initiating the Plea Bargaining procedures with any or all of them. In which

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 126 case, the Public Prosecution shall dispose of the criminal action with regard to the remaining Defendants according to the procedures prescribed by law.

Article (379) Effect of Plea Bargains on Interruption of Criminal Action's Limitation Period 1. The limitation period of the criminal action shall be interrupted based on the Plea Bargain- ing procedures. If there are several Plea Bargaining procedures, the limitation period shall commence as of the date of the last procedure thereof. 2. If there are several Defendants, interruption of the limitation period with regard to any of them shall give rise to the same interruption with regard to the rest of them.

Article (381) Judge Not to Preside Over the Criminal Action Subject to the provisions of Article [207] of this Law, if a decision to reject the Plea Bargain is issued and the Public Prosecution decided to transfer the criminal action to the competent

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 127 court, the judge, who rejected the Plea Bargain, shall not preside over the Action.

Article (384) Designation of Means Used for Enforcement of Electronic Monitoring and Implementation Mechanism 1. The Cabinet shall, based on the Minister of Interior's resolution, issue a resolution speci- fying the means used for enforcement of electronic monitoring and its implementation control and mechanism, or may assign the implementation duty to any legal person or entity licensed to engage in such activity according to the conditions to be included in the resolution. 2. Under any circumstances, it shall be ensured that the electronic means described in Clause [1] of this Article preserves the dignity, safety and privacy of the person undergoing elec- tronic monitoring.

Article (385) Resolutions Regulating Remote Control Operations The Minister of Interior shall, in coordination with the relevant judicial bodies, issue the resolutions regulating the implementation of remote-control operations at the places of electronic monitoring.

Article (387) Verifying No Harm to Health of the Person Undergoing Electronic Monitoring The competent Public Prosecution may, at any time, at the request of the person undergoing electronic monitoring, engage a licensed and competent physician to verify that the electronic equipment means involved in the implementation of electronic monitoring does not inflict any harm upon the health of the person undergoing electronic monitoring or the safety of his body. The physician shall draw up a medical report to that effect.

Article (388) Enforcement of Monitoring Penalty Through Electronic Means The monitoring penalty, as well as the measures set forth in the penal codes in force in the State, may be enforced through the electronic means in accordance with the provisions and procedures set forth in both this Section and Article [404] of this Law.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 130 Section Two Provisional Imposition of Electronic Monitoring

Article (389) Provisional Imposition of Electronic Monitoring on the Defendant 1. The Prosecutor may issue an order whereby the Defendant would provisionally undergo electronic monitoring, based on his approval or at his request, instead of his pretrial de- tention, under the same conditions set forth in Article [103] of this Law. 2. The said order shall designate the place of residence at which the Defendant is required to be present, the places to which the Defendant is or is not permitted to go, and relevant times and dates, along with the other details described in Article [104] of this Law.

Article (390) Order Re No Communication for the Defendant Who is Under Electronic Monitoring 1. The Public Prosecution may, where the investigation procedures so necessitate, include in the provisional Electronic Monitoring Order an Order that the accused abstain from com- municating with the other defendants, his accomplices, the victim or the victim’s family, without prejudice to the Defendant's right to communicate with his attorney at all times. 2. The order may also obligate the Defendant to comply with the obligations set forth in clauses (1) and (2) of Article (404) of this Law.

Article (391) Crimes for Which No Order of Provisional Electronic Monitoring Allowed No order imposing provisional electronic monitoring shall be issued in respect of the criminal offenses punishable by the death penalty or life imprisonment, the offenses affecting internal or external nationality security of the state, and the offenses for which the law prescribes the measure of banishment from the State.

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Federal Decree- Law of 2022 Promulgating the Criminal Procedures Law 131

Article (394) Imposing Provisional Electronic Monitoring Instead of Pretrial Detention The judge of the competent criminal court may, while hearing the motion for extending the electronic monitoring, order that the Defendant undergo provisional electronic monitoring, subject to the latter's consent, instead of pretrial detention.

Article (395) Rules and Procedures for Appeal Against or Revocation of Provisional Electronic Monitoring Decision Appealing against or revocation of the decisions imposing provisional electronic monitoring shall be subject to the same rules, procedures and time limits prescribed for pretrial detention under Articles [133, 135, 136, 137 and 139] of this Law.

Article (396) Subtracting the Provisional Electronic Monitoring Durations from Custodial Sentence Terms Subtracting the provisional electronic monitoring durations upon enforcement of custodial sentences shall be subject to the same rules prescribed for pretrial detention under Articles [294, 295 and 296] of this Law. Section Four Imposing Provisional Electronic Monitoring Instead of Custodial Sentence

Article (398) Commencement of Electronic Monitoring Punishment Enforcement Duration The duration of enforcement of the electronic monitoring-based punishment described in this Section shall commence as of the date of arresting the convict based on an enforceable judgment.

Article (399) Compliance with Criminal Measures The court may, upon rendering a judgment indicating that the punishment would be enforced based on electronic monitoring, include in the operative part of judgment an order that the convict be subject to any of the penal measures described in Articles [111.1, 111.2 and 127] of the Crimes and Penalties Law [Penal Code] referred to hereinabove.

Article (401) Enforcement of Complementary Punishments, Damages and Legal Costs Imposing electronic monitoring on the convict shall not preclude the enforcement of complementary punishments, damages, refundable amounts and legal costs.

Article (402) Supervising the Enforcement of Electronic Monitoring 1. The Public Prosecution shall supervise the enforcement of electronic monitoring based on periodic reports to be submitted thereto by the competent body on monitoring the con- duct of the convict and performance of his obligations set forth in this Chapter. 2. The Court that rendered the judgment may subsequently amend the places, times or re- strictions of electronic monitoring, upon motion of the Public Prosecution, or upon mo- tion of the convict after consulting the Public Prosecution.

Article (404) Cases of Optional Revocation of Electronic Monitoring Order The Electronic Monitoring Order may be revoked in either of the following instances: 1. If, during the electronic monitoring enforcement period, the convict commits a premeditated offense for which a pretrial detention punishment is ordered against him or for which a custodial sentence is rendered against him. 2. If the periodic follow-up reports referred to in Article [386] of this law reveal misconduct of the convict or the latter's failure to abide by the measures and obligations imposed upon him pursuant to Articles [399] and [400] of this Law.

Article (405) The Competent Authority for Revocation of Electronic Monitoring Order 1. The revocation judgment referred to in Articles [403] and [404] of this law shall be ren- dered by the court that ordered the electronic monitoring measure, upon motion of the Public Prosecution, and after serving a notice to appear upon the convict. 2. The court that renders the final judgment imposing custodial sentence pursuant to Article [403.1] of this Law shall have the authority, either sua sponte or upon motion of the Public Prosecution, to revoke the Electronic Monitoring Order.

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Article (406) Challenging and Opposing the Judgment Revoking the Electronic Monitoring Order 1. The revocation judgment referred to in the instances described in Article [403] of this law shall be final and unchallengeable. 2. Judgments of revocation rendered in absentia in the two instances referred to in Article [404] of this Law may be challenged by way of opposition according to the conditions, time limits and procedures set forth in Article [229] of this law. The judgment rendered on the opposition shall be final and unchallengeable.

Article (407) Effect of Revocation of Electronic Monitoring Order The rendering of a judgment revoking the Electronic Monitoring Order shall require the convict to serve the court-ordered custodial sentence term which is still enforceable as of the day of undergoing electronic monitoring. The duration of undergoing electronic monitoring shall be subtracted from the sentence term. Section Four Release and Imposing Electronic Monitoring on the Convict

Article (408) Motion to Undergo Electronic Monitoring for Remaining Sentence Term Any convict punished by a custodial sentence for a term of not less than two years and not exceeding five [5] years, and who has served half of the sentence term, may file with the Public Prosecution a motion to be released and to undergo electronic monitoring for the remaining duration of the sentence through the electronic means.

Article (410) Deciding on the Motion for Release and Undergoing Electronic Monitoring 1. The court's judgment granting or dismissing the motion for release of the convict and im- posing the electronic monitoring on him shall be final and unchallengeable. 2. If the Motion is dismissed, a new Motion may only be submitted after at least six [6] months of the date of the judgment dismissing the former Motion, unless the new Motion satisfies the requirements of conditional release described in the Penal institutions Law referred to hereinabove.

Article (411) Rules Applicable to Enforcement of Electronic Monitoring Order Enforcement of the Electronic Monitoring Order described in this Section shall be subject to the same rules set forth in Article [402] hereof.

Article (413) Enforcement of Release and Undergoing Electronic Monitoring The competent authority of conditional release described in the Penal institutions Law may order that the release and electronic monitoring be enforced through the electronic means and pursuant to the provisions and procedures set forth in both Section I of this Chapter and Article [401] hereof. Part Five Use of Electronic Technologies in Criminal Procedures

Article (414) Scope of Application The law enforcement bodies vested with the authorities of detecting the criminal offenses and collecting the evidence, the Public Prosecution and the Courts may engage the remote communication technology in the criminal procedures with the Defendant, the victim, the witness, the attorney, the expert witness, the interpreter, the Plaintiff or the Defendant liable for civil damages.

Article (415) Appearance, Openness and Confidentiality The provisions of appearance, openness and confidentiality of investigations shall be fulfilled through the use of remote communication technology if carried out according to the provisions hereof.

Article (416) Conducting Procedures Remotely The head of the competent body, or his authorized person, may conduct the procedures remotely whenever necessary at any stage of the criminal action, in such a way that facilitates

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Article (417) Remotely-Conducted Procedures Beyond Territorial Jurisdiction of the Competent Emirate The procedures may be conducted remotely beyond the territorial jurisdiction of the competent emirate, in coordination with the competent body, if the person - with whom the underlying procedures is required to be conducted – is present therein.

Article (418) The Defendant's Right to Object The Defendant may, at the first hearing of trial based on the remote communication technology at any stage of litigation, request his physical appearance before the court. The court may grant or dismiss such a request in light of the rules of proper administration of justice.

Article (419) Attorney's Attendance Alongside the Defendant Subject to the provisions of this Law, the attorney of the Defendant may meet or attend alongside the latter during the procedures of investigation or trial through the remote communication technology, in coordination with the competent authority.

Article (420) Confidentiality of Remotely-Conducted Procedures The remotely-conducted procedures shall be electronically recorded and kept, shall be deemed of a confidential nature, and shall only be circulated, accessed to or copied from the e-information system based on a permission of the Public Prosecution or the competent court, as the case may be.

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Article (421) Application of Information Security Policy The remote communication technology described in this law shall be subject to the information security regulations and policies in force in the State.

Article (422) Writing Down the Remotely-Conducted Procedures The competent authority may write down the remotely-conducted procedures in paper or electronic records or documents to be certified by it with no need to be signed by the persons concerned.

Article (423) Use of Remotely-Conducted Procedures with Foreign States Remotely-conducted procedures may be used for implementing the Letters rogatory and judicial assistance requests with foreign states according to the provisions of the agreements and treaties ratified by the State.

Article (424) Use of Remotely-Conducted Procedures with the Juvenile and Child Without prejudice to the Law of Juvenile Delinquents and Vagrants, the competent authority shall apply the remotely-conducted procedures with the juveniles and children.

Article (425) Probative Value of Electronic Signature and Documents 1. The electronic signature shall have the same probative value of the physical signatures referred to in this law, as long as they observe the provisions set forth in the Law of Elec- tronic Transactions and Trust Services. 2. Electronic documents shall have the same probative value of authentic and privately-ex- ecuted paper documents under this law, as long as they observe the provisions set forth in the Law of Electronic Transactions and Trust Services.

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Article (426) Coordination and Technical and Procedural Assistance Coordination shall be made by and between the Ministry of Interior, the Ministry of Justice, the judicial bodies and relevant entities for providing e-signature devices, preparing the rooms, and providing the modern means of communication, with the aim of carrying out remotely-conducted procedures at the competent bodies, penal institutions and other relevant bodies, and providing necessary technical and procedural assistance, in accordance with the cabinet resolutions to be issued in this respect.

Article (427) Manual or Electronic Implementation of the Provisions of this Law 1. The crime detection and evidence-gathering bodies, investigation bodies and the courts may conduct any of the procedures set forth in this Law manually or electronically. 2. The judicial orders, decisions and judgments may be issued manually or electronically.

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