1. The legal sources
المصادر التشريعية
Two federal instruments do most of the work:
- Federal Decree-Law 31 of 2021 — the Penal Code. Defines the offences and sets the penalty ranges.
- Federal Decree-Law 38 of 2022 — the Criminal Procedure Code. Governs investigation, arrest, custody, prosecution, trial, judgement and appeal.
Specific subject-matter laws sit on top of these — the Anti-Narcotic Law (FDL 30/2021), Cybercrimes Law (FDL 34/2021), Federal Traffic Law (Law 21/1995), Anti-Money Laundering Law (FDL 20/2018), Combating Discrimination Law (FDL 2/2015) and others. Each emirate also has a local public prosecution that handles cases originating there.
2. Three categories of offence
تصنيف الجرائم
Article 28 of the Penal Code splits offences into three classes. The class drives custody limits, court level, and appeal rights.
| Class | Maximum penalty | Examples | Court level |
|---|
| Felony (jinaya) | Death, life imprisonment, or temporary imprisonment 3–15 years | Murder, drug trafficking, rape, major fraud | Felonies Court (3 judges) |
| Misdemeanour (junha) | Imprisonment up to 3 years and/or fine above AED 10,000 | Assault, theft, defamation, simple drug possession | Misdemeanours Court (single judge) |
| Contravention (mukhalafa) | Detention up to 10 days and/or fine up to AED 10,000 | Minor public-order offences | Misdemeanours Court |
The class is fixed by the maximum penalty the law attaches to the offence, not the sentence the court eventually gives.
3. Arrest and police custody
التوقيف والاحتجاز لدى الشرطة
Police can arrest a person caught in the act, on a prosecutor's warrant, or where there is sufficient evidence of a felony or misdemeanour punishable by imprisonment (Articles 45–47, FDL 38/2022).
Maximum police custody
Police custody is short. The arrested person must be referred to the Public Prosecution within 48 hours of arrest (Article 47). The prosecutor then decides whether to release, extend custody, or formally charge.
Rights at the police station
- To know the charge and the reason for arrest
- To inform a family member or lawyer
- To remain silent (the right against self-incrimination is recognised — Article 100)
- To have a lawyer present during interrogation in serious cases
- To an interpreter if Arabic is not understood — the official court language is Arabic (Article 76)
- To medical examination on request
Practical reality
Statements signed in Arabic at the station without a translator routinely become the spine of the prosecution case. Refuse to sign anything you cannot read. Ask for a translator and a lawyer before any substantive interview. See our first-aid playbook:
just-arrested.html.
4. Referral to the Public Prosecution
الإحالة إلى النيابة العامة
The Public Prosecution is a separate institution — not part of the police. Its members are judicial officers. Once a case lands with them, the prosecutor:
- Reviews the police file (mahdar)
- Conducts an interrogation of the accused (Article 99 onwards)
- Hears witnesses, may order expert reports, may seize evidence
- Decides one of three outcomes:
- Shelve the file (hifz) — insufficient evidence or no offence
- Refer to court — with a written charge sheet
- Conditional disposition — mediation, fine substitute, or treatment order in eligible categories
Prosecution custody limits
The prosecutor can order detention pending investigation in stages:
- Initial order: up to 7 days (renewable once for 7 more days)
- Further extensions: by court of competent jurisdiction, in 30-day blocks
- Total pre-trial detention generally cannot exceed 6 months for misdemeanours and 9 months for felonies absent extraordinary justification
5. Detention and bail
الحبس الاحتياطي والإفراج بكفالة
Bail (kafala) in the UAE is not the cash-bond model of common-law systems. It is a release on conditions, which can include any combination of:
- Financial bond (paid into the prosecution treasury, refundable)
- Surrender of passport
- Travel ban
- Personal guarantee by a UAE national or resident
- Periodic reporting to the police station
- Residence at a fixed address
Bail is not available in cases where the offence carries a mandatory minimum imprisonment, where the accused is a flight risk, or where release would prejudice the investigation. A bail refusal is challengeable to the supervising court.
6. Trial procedure
إجراءات المحاكمة
The criminal courts sit in three tiers in each emirate: Court of First Instance (Misdemeanours and Felonies divisions), Court of Appeal, and Court of Cassation (or the Federal Supreme Court for federal-level matters).
The first hearing
- The charge is read in open court
- The accused enters a plea (admission or denial)
- The court schedules subsequent hearings for evidence and pleadings
- The accused has the right to defence counsel; in felonies the court must appoint counsel if the accused cannot afford one (Article 4)
Subsequent hearings
- Witnesses examined under oath
- Documentary and physical evidence produced
- Expert reports (technical, forensic, medical) considered
- Defence pleadings filed
- Final arguments by prosecution then defence (defence speaks last — Article 209)
Most misdemeanour trials reach judgement in 3–6 hearings over 2–4 months. Felonies generally take 4–9 months at first instance.
7. Evidence and the burden of proof
الإثبات وعبء الإثبات
The prosecution carries the burden of proof. The standard is the judge's intimate conviction (qana'a) based on the file as a whole. Article 211 confirms the principle: the accused is presumed innocent and any reasonable doubt must benefit the accused.
Common evidence types:
- Witness statements (oral testimony at trial preferred over written statements)
- Confessions (only valid if voluntary — coerced confessions are inadmissible)
- Documents, contracts, banking records
- Expert reports (DNA, handwriting, accounting, medical, digital forensics)
- CCTV and digital evidence (subject to authentication procedures under FDL 33/2022)
- Reconstructions and site visits
The court is the judge of fact; there is no jury. Findings on disputed facts can only be re-opened on appeal in narrow circumstances.
8. Sentencing
العقوبات
The court can impose any combination of the following, within the range set by the substantive offence:
- Custodial: death, life imprisonment, temporary imprisonment, detention
- Financial: fines (paid to the State), diya (blood money to the victim's family), compensation
- Ancillary: deportation of non-citizens (mandatory for many felonies), travel ban, vehicle confiscation, business closure, professional debarment
- Alternative: community service, electronic monitoring, treatment orders — expanded under FDL 38/2022 and Cabinet Resolution 41/2022
Suspended sentences (Article 83 Penal Code)
For sentences not exceeding 3 years where the accused has no prior conviction and the court considers the circumstances justify it, sentence can be suspended for a probation period. Breach during probation triggers execution.
Diya (blood money) and victim compensation
In offences against the person, diya (currently AED 200,000 for wrongful death by Federal Supreme Court Resolution) and additional compensation can be ordered — either alongside or in lieu of imprisonment in some cases. Victim reconciliation can substantially reduce sentencing exposure.
9. Appeal and cassation
الاستئناف والنقض
The judgement of the first-instance court can be appealed within 15 days from the date of pronouncement (or notification, where the accused was absent). Both prosecution and defence have the right to appeal.
Court of Appeal
- Three judges
- Reviews both fact and law — can re-hear evidence and re-evaluate witnesses
- Cannot increase the sentence on a defence-only appeal (no reformatio in peius for the defence)
- Judgement typically within 2–6 months
Court of Cassation
A further appeal to the Court of Cassation is available in felonies and in misdemeanour judgements that meet the value or imprisonment threshold. The Cassation Court is a court of law — it does not re-evaluate facts. Cassation must be filed within 30 days of the appellate judgement. Grounds are limited to:
- Misapplication of the law
- Defective reasoning
- Procedural nullity
- Inconsistency with binding higher-court precedent
10. Defences and mitigations that work
الدفوع والظروف المخففة
Beyond denying the elements of the offence, the Penal Code recognises:
- Lack of intent — for offences requiring specific intent (qasd), proof of intent is essential
- Self-defence — Articles 53–57
- Necessity and duress — Articles 60–63
- Mistake of fact (not mistake of law) — in narrow circumstances
- Mental incapacity — Article 64
- Minority — juveniles (under 18) are dealt with under Federal Law 9/1976 on Juvenile Delinquents
Mitigations
- No prior conviction
- Voluntary surrender
- Cooperation with the investigation
- Reconciliation with the victim and payment of compensation
- Personal circumstances (family, health, public service)
- Confession — in limited circumstances and offences
The judge has wide discretion to apply Article 99 of the Penal Code to bring the sentence below the statutory minimum where mitigating circumstances justify it.
11. Common mistakes
أخطاء شائعة
- Talking before counsel arrives. "I just want to clear it up" almost always backfires. The right to silence exists for a reason.
- Signing Arabic statements without a translator. The signed text becomes the record — no matter what was said verbally.
- Trying to settle directly with the complainant after referral to court. In private-right offences (most assault, defamation, theft between relatives) reconciliation can stop the case — but the procedure has to be filed correctly with the prosecution or court, not just agreed in WhatsApp.
- Missing the 15-day appeal window. The appeal period is short and unforgiving. Calculate from the date of pronouncement, not the date you receive the written judgement.
- Travelling on a passport that is subject to a travel ban. Triggers re-arrest at the border and a new offence under FDL 38/2022.
- Assuming corporate structure protects you. Personal criminal liability can attach to directors and managers under specific provisions of the Penal Code, Cybercrimes Law and AML Law.
12. When to call a lawyer
متى تستعين بمحامٍ
Immediately. The first 48 hours determine the spine of the prosecution file. Specifically — before any of:
- Any substantive interview at the police station or prosecution
- Signing any document in Arabic
- Agreeing any "settlement" with a complainant after a complaint is filed
- Surrendering on a warrant or summons
- Giving evidence as a witness in a matter that may turn against you
Related first-aid pages: Just arrested · Cheque bounced · Road accident.
This guide was last reviewed on 04 May 2026 by Noura Lawyers, Founder & Managing Partner. Drafted exclusively from the federal sources cited in the body. Re-review triggered by any material amendment to the Criminal Procedure Code or Penal Code. Republished freely under
CC BY-NC 4.0.
Not legal advice. Speak to us for matter-specific advice.