Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law (justice and juiciary 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repealed.  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 Federal Law No. [5] of 2017 on the Use of Remote Communication Technology in Criminal Procedures shall hereby be repealed.  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herewith shall hereby be repealed.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 im plementing the  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  3 
 provisions of the law attached herewith.

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 . 
  
  
 
 
 
   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  4 
  
Article (1) Scope of Application  
1. The provisions of this Law shall apply to the procedures relating to the offenses 
punishable under the Law of Crimes and Penalties and other Penal Codes, as well as the 
procedures relating to the criminal offenses of Qisas [retaliation in kind] and Diyya  [the 
financial compensation payable to the victim or heirs of a victim in the cases of murder, bodily harm or property damage], insofar as they do not conflict with the Rules of 
Islamic Sharia.  
2. The provisions of this law shall apply to all proceedings that have yet to be adjudicated 
on, as well as all procedures that have yet to be implemen ted, prior to the date of entry 
into force of this Law, with the following exceptions:  
a. The jurisdiction -amending provisions where their date of entry into force falls 
beyond the close of pleadings into the pending proceedings;  
b. The time limit -amending provisions where the underlying time limit has already 
commenced prior to their entry into force; and  
c. The provisions regulating the methods of challenging the judgments with regard 
to the judgments rendered prior to their date of  entry into force, where such laws 
are either repealed or creating any of such methods.  
3. Every procedure validly conducted under an applicable law shall remain valid and 
effective unless otherwise stipulated.  
4. The time limits regulating the termination  of criminal actions on limitation grounds or 
other procedural time limits that are newly prescribed by any law shall only commence 
as of the date of entry into force of the law prescribing the same.  
5. The provisions of the Civil Procedure Law shall apply  to all matters not specifically  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  5 
 stipulated in this law.  
  
Article (2) Preservation of Personal Freedom 
1. Any criminal punishment shall only be imposed on any person after he / she is found 
guilty in accordance with the law.  
2. Any person shall only be ar rested, searched, remanded in custody, detained, prevented 
from travelling abroad or placed under electronic monitoring in the circumstances and 
based on the conditions set out in the law. Detention or imprisonment sentences shall 
only be enforced at their  designated places and for the period specified in the order 
issued by the competent authority.  
3. It shall be forbidden to inflict physical or moral harm upon the Accused and to make any person undergo torture or degrading treatment. Any evidence obtained  by way of any of 
such methods shall be deemed null and void.  
  
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) Appointment of Defense Attorneys  
1. Each Accused charged with a felony punishable by the death penalty or life 
imprisonment sentence shall have an attorney to defend him / her during the trial stage. 
If the Accused fails to appoint an attorney to defend him / her, the court shall appoint an 
attorney to defend him / her, and the State shall bear the professional fees of the  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  6 
 attorney so appointed, as described in the law.  
2. The Accused charged with a felony punishable by a determinate prison sentence may 
request that the court appoint an attor ney to defend him / her if the Court is convinced 
that the same is financially unable to appoint an attorney.  
3. If the attorney appointed by the court has and asserts any excuses or impediments that 
would prevent him from defending the accused, the attorn ey shall forthwith furnish the 
same to the Chief Justice of the Criminal Court. If the court accepts the excuses, another 
attorney shall be appointed.  
  
Article (5) Public Prosecution  
The Public Prosecution is part of the judicial authority, and shall cond uct 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 desig nated 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.  
   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  7

Article (8) Engagement of Interpreters  
1. All fact -finding, investigation and trial procedures shall be conducted in Arabic.  
2. If the Accused, the witness, or other parties whose statements or testimonies are 
required to be recorded in the evidence -gathering reports , the investigation reports of 
the Public Prosecution or the transcripts of trial hearings, do not speak Arabic, the Judicial Police Officer, the prosecutor or the competent court's judge, as the case may be, 
may either engage an interpreter from among the  approved or licensed interpreters or 
use any technical means approved by the Ministry of Justice or the by Local Judicial 
Authority.  
3. If the Accused, the witness or other parties involved in the criminal action are mute, deaf 
or unable to speak, the que stions shall be recorded in writing, and their answer to them 
shall be recorded in a document to be attached with the case file. If the same cannot be recorded in writing, a sign language interpreter shall be engaged.  
4. Under any circumstances, the Judicial Police Officers, the Public Prosecution and the court may engage an interpreter belonging to any other entity after taking an oath to 
perform his / her mission with honesty and sincerity.  
  
Book 1 Proceedings  Before  Criminal Courts  
Part 1 Criminal Actions

Article (9) Institution of Criminal Actions  
1. The Public Prosecution shall have the exclusive jurisdiction to institute and prosecute 
the criminal action, and the same may only be instituted by any other body in the 
instances described in the law .  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  8 
 2. The jurisdiction of Federal Public Prosecution shall include the territory of the State with 
regard to criminal offenses affecting the interests of the Federation.  
3. The Attorney General shall –  either by himse lf or through a Prosecutor -  institute and 
prosecute the criminal action as described in the law.

Article (10 )Discontinuance  of Criminal Actions  
The criminal action may only be discontinued or stayed in the circumstances described in 
the law.

Article (11) Cases of Instituting Complaint -Based Criminal Action  
The criminal action may only be instituted in respect of the following criminal offenses 
based upon a complaint to be filed by the victim or his / her representative or attorney hired 
under a special power of attorney:  
1. Theft, fraud, breach of trust and concealment of items obtained therefrom, in the 
event that the victim is the spouse, ascendant or descendant of the perpetrator, and where such items are not judicially or administratively attached or encumbered with 
a right of a third party;  
2. Abstention from handing over the child to the person who has the right of custody 
over him / her, and taking the child away from the custodian or guardian;  
3. Failure to pay the alimony, custodial or breastfe eding fees, or housing costs awarded 
by the Court;  
4. Insult and slander of people; and  
5. Other criminal offenses defined in the law.  
The complaint shall not be admitted after [3] three months following the date on which the  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  9 
 victim becomes aware of the cr ime and its perpetrator, unless the law stipulates otherwise.

Article (12) The Filing of Complaints  
The complaint shall be filed with the Public Prosecution or with a Judicial Police Officer. In 
the case of flagrante delicto , the complaint may be directly filed with the public authority's 
personnel who are present.

Article (13) Filing of Complaint by One of Several Victims  
1. If there are several victims involved in the criminal offens es described in Article [11] of 
this Law, it shall be legally sufficient for the complaint to be filed by only one of them.  
2. If there are several Accused Persons and the complaint is filed against one of them, the 
same shall be deemed to have been filed against all of them.

Article (14) Admission of Complaint Filed by Guardians or Trustees  
1. If the victim of a crime described in Article [11] of this Law either has not completed [15] 
fifteen years of age or has a mental disability, the complaint shall b e filed on his / her 
behalf by his / her legal guardian.  
2. If the crime is committed in connection with property, the complaint may be filed by the 
trustee or curator.  
3. In either of the aforementioned cases, all foregoing provisions relating to the comp laint 
shall apply.

Article (15) Conflict of Interest between the Victim's and His Attorney  
If the interest of the victim conflicts with the interest of his / her attorney, or if the victim has  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  10 
 no attorney, the Public Prosecution shall represent the victim.

Article (16) Effect of Victim's Death on the Complaint  
1. The right to file the complaint in the cases set forth in Article [11] of this Law shall lapse 
upon the death of the victim.  
2. If the death occurs after the complaint has been filed, the same shall not affect the course of the legal proceeding.

Article (17) Waiver of Complaints  
1. The person filing a complaint with regard to the criminal offenses described in Article 
[11] of this Law may waive the complaint at any time before a final judgment  is rendered 
thereon, and the criminal action shall be terminated by way of waiver.  
2. In the event of several victims, the waiver shall only become legally effective if made by 
all victims filing the complaint.  
3. In the event of several accused persons, the waiver of the complaint vis -à-vis any of 
them shall have its legal effect vis -à-vis the rest.  
4. If the victim pa sses away after the complaint is filed, the right to waive the same shall 
pass to all of his / her heirs.  
5. If the waiver is made after the judgment on the legal proceeding becomes final, the Pub-
lic Prosecution shall order a stay of execution of the penalty and shall release the convict.

Article (18) Criminal Court's Authority to Dispose of the Proceeding  
If the criminal court is convinced that there are other perpetrators against whom the  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  11 
 criminal action has not been instituted, that there are other charges not brought against the 
Accused Persons involved, or that a felony or misdemeanor has been committed in relation to the charge pending before the court, the latter may transfer the criminal action to the 
Public Prosecution for the latter to conduct an  investigation and take the necessary course of 
action with regard thereto.

Article (19) Contempt of Criminal Court  
If an offense of contempt is committed against the criminal court's bench or against any of 
its members or employees, or if such an offense involves a violation of the court's orders or the respect due for the Court, or affects any of its members or the witnesses involved in any 
pending legal proceeding, the criminal court shall record the same in the transcript of the 
hearing and shall order that the matter be transferred to the Public Prosecution for 
investigation.

Article (20) Occurrence of Crime During a Hearing  
1. Subject to the provisions of the Legal Profession Act, if a crime is committed during a 
hearing, the court shall record the s ame in the transcript of the hearing and shall order 
that Accused be arrested, if necessary, and turned over to the Public Prosecution for in-
vestigation.  
2. In such case, instituting the criminal action shall not depend on a complaint if the crime 
is among  the criminal offenses for which the law requires a complaint to be filed.

Article (21) Cases of Termination of Criminal Action   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  12 
 1. The criminal action shall be terminated upon the death of the Accused, when a final 
judgment or conclusive criminal order is rendered thereon, due to conciliation or waiver 
of the same by the party legally entitled to makes such waiver, due to pardon, or as a re-
sult of repeal of the law under which the criminal act is punishable.  
2. With the exception of criminal offenses of Qisas [retaliation in kind], Diyya [the financial 
compensation payable to the victim or heirs of a victim in the cases of murder, bodily harm or property damage], and felonies punishable by the death penalty or life impris-onment, the criminal action shall be time barred upon the lapse of [20] twenty years in respect of the cases of other felonies, and upon the lapse of [5] five years in the cases of 
misdemeanors and one year in the cases of infractions, from the oc currence day of the 
crime.  
3. The running limitation period of criminal actions shall not be suspended for any reason 
whatsoever.

Article (22) Interruption of Criminal Action's Limitation Period  
1. The limitation period of the criminal action shall be in terrupted by investigation, accusa-
tion or trial procedures, criminal conciliation and plea bargaining procedures, or 
fact-finding procedures if they are performed against the Accused, or if an official notice 
of the same is served upon the Accused. If ther e are several procedures that interrupt the 
limitation period, the validity of such period shall commence on the date of the last pro-
cedure made in respect thereof.  
2. If there are several Accused Persons, the interruption of the limitation period for any of them shall result in the interruption for the rest.  
  
Part 2 The Civil Action  Related  to the Criminal Action   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  13

Article (23) Filing A Civil Action  
1. A person, who sustains direct personal harm from a crime, may file a civil action against 
the Accused during the evidence gathering process or during the investigation or before the court that hears the criminal action, regardless of the status of the crim inal actionup 
until the closing of the pleadings phase. However, he is not permitted to file his action 
before the Court of Appeal.  
2. If the damage is inflicted upon a legal person, the court shall, sua sponte, award damages if the same is specified in a law or any regulations issued on the basis of a law.  
3. Filing civil actions may only be admitted after the judicial fees are paid.

Article (24) Appointment of An Attorney for The Civil Action  
1. If the person who sustains harm from a crime is legally ineligible to institute legal pro-
ceedings and has no attorney to represent him / her, the court hearing the criminal ac-tion may, at the request of the Public Prosecution, appoint an attorney to repres ent him / 
her in the civil action. In which case, such a person shall not be ordered to pay the legal 
costs.  
2. If the Accused against whom the civil action is instituted is legally ineligible for litigation 
and has no attorney to represent him / her, the court may appoint an attorney for him / 
her the request of the Public Prosecution.

Article (25) Instituting Civil Actions Before Criminal Courts  
1. Civil actions may be instituted before the criminal courts against the insurer for com-pensating th e damage resulting from the crime.   
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 2. The party liable for the civil damages and the insurer may intervene on their own initia-
tive in the case during any stage thereof.

Article (26) Compensation for False Accusations  
The Accused may file with the court a  claim for compensation on the ground of the damage 
incurred by him / her as a result of a false accusation brought against him / her by the 
reporting person or the victim. In addition, the criminal court may award compensation in 
favor of the Accused against the person found guilty in respect of the crime of perjury and 
making a false report, based on the accused's request.

Article (27) Transferring the Civil Action to the Competent Civil Court  
If the criminal court is convinced that determination of the  compensation claimed by the 
Plaintiff or the Accused entails a special investigation that would postpone the adjudication 
on the criminal action, it shall transfer the civil action to the competent civil court.

Article (28) Discontinuance of Civil Actio n Instituted before The Criminal 
Court  
The Plaintiff may discontinue his proceeding at any stage of litigation. If the Plaintiff discontinues his / her proceeding instituted before the criminal court, he / she may institute 
the same before the civil court.

Article (29) Grounds for Stay of Civil Action  
1. If the civil action is initiated before the civil court, the decision thereon shall be post-
poned until a final judgment is rendered on the criminal action that is instituted before  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  15 
 the initiation, or during the progress, of the civil action. However, if the procedures of the 
criminal action are stayed due to insanity of the Defendant, the civil action shall be adju-dicated vis -à-vis the curator of the Accused.  
2. Stay of the civil action shall not preclude taking urgent precautionary measures, and the procedures prescribed in this Law shall apply upon adjudicating on the civil action insti-
tuted before the criminal court.  
3. Stay of the civil action before the civil court shall be come to an end if the crimin al court 
renders a judgment of conviction in absentia against the Accused, as of the date of expi-
ration of the time limit for challenging it by the Public Prosecution or of the day of the 
decision on such challenge.

Article (30) Effect of Termination of Criminal Action on Civil Action  
If, for any reason whatsoever, the criminal action is terminated after it has been instituted, 
the court shall transfer the civil action brought before it to the civil court, unless the civil 
action  is set for adjudication on the merits.  
  
Book  2 Crime Detection , Evidence  Gathering  and  Verification  
Part 1 Evidence  Gathering  by Judicial Police  Officers  
  
Chapter 1 Judicial Police Officers and their Duties

Article (31) Functions  of Judicial Police Officers  
Judicial Police Officers shall detect the criminal offenses and search for their perpetrators, 
and shall gather information and evidence necessary for investigation and indictment.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  16

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.

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   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  17 
 Based on a resolution of the Minister of Justice or the chairman of the competent local 
judicial body in c oordination 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 d uties.

Article (36) Duties of Judicial Police Officers  
Judicial Police Officers shall admit the reports and complaints submitted to them on the 
criminal offenses. They, as well as their subordinates, shall seek clarifications and conduct 
the necessary in spection 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 respe ct 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.   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  18

Article (39) Reporting a Crime Committed During Work  
When a public employe e 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.

Article (40) The Complaint Must State The Claim for Civil Damages  
The Complainant shall only be deemed claiming civil damages if he expresses th e 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 gathe ring 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 carry ing out their duties, seek the direct 
assistance of the public authority.   
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Chapter 2 Flagrante Delicto

Article (43) Cases of Flagrante Delicto  
1. The crime shall be considered to have been caught in Flagrante Delicto upon 
perpetration or a short while thereafter.  
2. The crime shall also be considered to have been caught in Flagrante Delicto  if the victim 
chases the perpetrator thereof, if the latter is chased by the public with shouts upon 
perpetratio n of the crime, if the perpetrator is found, after a short while of the 
perpetration of the crime, carrying tools, weapons, items or chattels indicating that he is 
the perpetrator or an accomplice of the crime, or if there exist at that time traces or sign s 
so indicating.

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. H e 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.  
   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  20

Article (45) Order Preventing the Persons Present from Leaving the Crime 
Scene  
1. For any crime caught in Flagrante Delicto, the Judicial Police Officer may, as soon he 
reaches the crime scene, prevent the persons present from leaving or moving away from the crime scene until a report is drawn up. Moreover, he may immediately su mmon an-
ybody from whom clarification about the incident could be obtained.  
2. In the event that any of the persons present violate the order issued by the Judicial Police Officer, or if any of the persons summoned refuses to appear before the Jud icial Police 
Officer, the same shall be recorded in the report and communicated to the Public Prose-
cution for necessary action.  
3. The competent court shall condemn the violator or the abstaining person, after hearing 
his defense, to a fine not exceeding [AED 5,000] five thousand dirhams.  
  
Chapter 3 Arrest of the Accused

Article (46) Cases of Arrest of the Accused 
The Judicial Police Officer may order that the Accused who is present at the crime scene be 
arrested, where there is cogent evidence that he / she has committed the crime in any of the 
following instances:  
1. Felonies;  
2. Misdemeanors caught in Flagrante D elicto where the penalty prescribed by law in 
respect thereof is not a fine;  
3. Misdemeanors for which the penalty prescribed by law is not a fine and where the Accused is placed under any form of monitoring or where there are concerns that he  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  21 
 / she might escape; and  
4. Misdemeanors of theft, fraud, breach of trust, severe transgression, resistance by 
force to public authority officers and violation of public morals, as well as 
misdemeanors relating to weapons, ammunition, intoxicants, hazardous substances,  
narcotics, psychotropic substances and the like.

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 
Judicial 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 Pub-
lic Prosecution.  
2. The Public Prosecution sh all question the Accused within [24] twenty -four hours, and 
shall then order that the same be either remanded in custody or released.

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.   
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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 4 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.

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 aft er she  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  23 
 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 
conducted 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 Sear ching 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  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  24 
 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 se aled 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, shal l be adult relatives, cohabitants or neighbors of the Accused, and the same shall 
be recorded in the search report.

Article (60) Affixing the Seals  
1. The Judicial Police Officers may affix the available precautionary means on, and appoint 
guards at, the  places and chattels in which there are traces that would contribute to re-
vealing the truth, and shall forthwith report the same to the Public Prosecution.   
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 2. Any person concerned may file a grievance against this procedure with the Chief J ustice 
of the first instance court or the judge, as the case may be, through a petition to be sub-
mitted to the Public Prosecution, which, in turn, shall immediately send the same, to-
gether with its opinion, to the Chief Justice of the court or the Judge.

Article (61) Seizure and Confiscation of Chattels  
1. The Judicial Police Officers may seize the chattels which may have been involved in, or 
resulted from, the perpetration of the crime, or on which the crime may have been 
committed, in addition to anything whatsoever that may lead to revealing the truth.  
2. Such chattels shall be described and submitted to the Accused in order to give his com-
ments thereon, after which, a report shall be drawn up and signed by the Accused or 
shall contain a note that  the Accused has refused to sign it.  
3. The chattels and papers seized shall be placed in a package firmly closed in a manner 
that prevents third parties from manipulating its contents. In addition, the necessary de-
tails shall be written down on the packag e.

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  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  26 
 such information for his personal interests in any way whatsoever shall be punished by the 
penalties prescribed for the crime of information disclosure.

Article (64) Providing a Certified Copy of the Papers Seized  
In case the person, with wh om 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 2 Investigation by Public Prosecution  
Chapter 1 Conducting the I nvestigation  
Section 1 General Provisions

Article (65) Conducting Investigation into Felonies and Misdemeanors  
The Public Prosecution shall, by itself, conduct the investigation into felonies and 
misdemeanors, where d eemed 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 investiga-
tion reports, and such reports, together with the other relevant papers, shall be kept in 
the case file.   
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 3. Notwithstanding Clause [1] of this Article, the Prosecuto r shall record all investigation 
procedures performed.

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, member s 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 pen-
alty prescribed for the crime o f disclosure of confidential information.  
2. The fact -finding reports shall be treated with the same confidentiality described in 
Clause [1] of this Article.

Article (68) Assigning a Judicial Police Officer to Conduct Investigation  
1. The Prosecutor may assign a Judicial Police Officers to conduct any investigation proce-
dure[s], except for questioning the Accused. He may also, if there is a necessity to take any action at any entity that falls beyond the territorial scope of his competence, dele-
gate a Pro secutor or a Judicial Police Officer within such territorial area. In all cases, the 
person so delegated shall, within the scope of his delegation, be vested with all powers 
of the delegating person.  
2. Notwithstanding Clause [1] of this Article, the judic ial authorization issued by a Prose-
cutor in respect of any of the criminal offenses that falls within the exclusive jurisdiction of the federal courts shall be valid across all emirates of the State.

Article (69) Description of Issues to be Investigated   
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 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 in vestigation 
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.  
  
Section 2 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 pros-
ecution to perform such an action.

Article (71) Searching the Persons  
1. The Prosecutor may search th e 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 (72) Searchi ng the Places and Seizure of Crime- Related Chattels   
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 1. The Prosecutor shall search the home of the Accused on the ground of a charge imputed 
to him of having perpetrated , or involved in the perpetration of, a crime. He may, in this 
respect, search any place and seize any papers, arms and all chattels likely be have been involved in the perpetration of the crime or resulting therefrom, as well as anything that 
may help rev eal the truth.  
2. A Prosecutor may search any residential building other than the house of the Accused, if there are strong indications that he is possessing crime -related chattels.

Article (73) Searching the Communications and Technical Means and Record ing 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, computer 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 rec-
ord 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  
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 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.

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 3 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.   
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Article (79) Return of Chattels Seiz ed 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 r eturned 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 Prosecutio n, and the court may order 
Replevin in the course of hearing the criminal action.

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.  
   
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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 o n the chattels 
seized if they were reclaimed before such a court. In addition, it may, if deemed neces-
sary, order that the matter be sent to the civil court. In the latter case, it may order that 
the chattels 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 effec t.

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 4 INTERVIEWIN G WITNESSES   
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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 who se 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 Witness es 
The Prosecutor shall hear each witness in private, and may make the witnesses confront 
each other.

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, profes-
sion, 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 fiftee n 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  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  34 
 truth. Witnesses under this age may also be heard on a precautionary basis without tak-
ing 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) Excusab le 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.

Article (93) Witness Compensation  
Subject to the Law of protecting the witnesses and t he 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  
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 appearance to give testimony.  
  
Section 5 ENGAGEMEN T 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 fac t, 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 p resence 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 wit ness with another one.  
  
Section 6 QUESTIONING AND CONFRONTATION

Article (97) Questioning the Accused  
The Prosecutor shall, when the Accused is present for investigation for the first time, write  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  36 
 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 attorne y 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 7 NOTICE TO APPEAR, ARREST WARRANT AND TRAVEL BAN

Article (99) Content of the Notice to Appear, Arrest Warrant and Travel Ban  
1. The Prosecutor may, according to the circumstances, issue a notice to appear or an Arrest 
Warrant in respect of the Accused, or may order that the latter be banned from travel.  
2. Each of these warrants shall contain the Accused's name, surname, profession, national-ity, place of residence, the charge imputed to him, date of the writ, place and t ime of ap-
pearance, name of the Prosecutor and his signature and official seal. In addition, the Ar-rest Warrant shall include instructions to public authority officers to arrest the Accused and bring him before the Prosecutor in case the Accused refuses to willfully and instantly 
appear. The travel ban order shall be circulated to all ports of the State.  
3. The said warrants shall be served upon the Accused by members of the public authority.

Article (100) Arrest Warrant   
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 If the Accused fails to appear afte r 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 quest ion 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 af ter 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 8 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 (105) Controls for Keeping the Accused at Detention Centers  
1. When the Accused is kept at the Detention Center, a copy of the detention order shall be 
handed over t o the person in charge of such a place, and the latter shall send a notice of 
acknowledgement receipt of the accused to the Public Prosecution.  
2. The person in charge of the Detention Center may only allow any member of the public 
authority to have any co ntact with the prisoner held in custody based on a written per-
mission from the Public Prosecution. In which case, he shall write down, in the record designated for the purpose, the name of the person permitted to have contact with the prisoner held in cust ody, the time of the visit and the date and contents of the permis-
sion.

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 (107) Extension of Detention Order   
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 1. The detention order issued by the Public Prosecution shall be made after the Accused is 
questioned and shall be valid for a period of [7] seven days renewable for another peri-od not exceeding [14] fourteen days.  
2. Whenever the interest of investigation requires keeping the Accused in custody after the 
lapse of the periods described in Clause [1] of this Article, the Pu blic Prosecution shall 
submit the case file to a judge of the competent criminal court who may, after reviewing 
the case papers and hearing the Accused's statements, order that the detention period be extended for another renewable period not exceeding [30 ] thirty days, or that the Ac-
cused be released with or without bail.  
3. The Accused may submit a grievance to the chief justice of the court against the order issued in his absence extending the detention period, within [3] three days of the date of 
being notified, or becoming aware, of such order.  
 
Article (107) Extension of Detention Order  
1. The detention order issued by the Public  Prosecution shall be made after the Accused is 
questioned and shall remain valid for a period of (7) seven days renewable for another period not exceeding (14) fourteen days.  
2. Where the interest of investigation requires that the Accused be kept in pret rial deten-
tion after the lapse of the periods described in Clause (1) of this Article, the Public Pros-
ecution shall submit the case file to a judge of the competent criminal court who shall, after reviewing the case file and hearing the Accused's statement s, order that either the 
detention period be extended for another renewable period not exceeding (30) thirty 
days, or the Accused be released with or without bail.   
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 3. The Accused may submit a grievance to the chief justice of the court against the order 
issued in their absence and whereby the detention period is extended, within (3) three 
days from the date of being notified or becoming aware of such an order.  
 
Section 9 PROVISIONAL RELEASE

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 cust ody 
or revoke the order of placing the Accused under electronic monitoring, for a felony or a 
misdemeanor, 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 (109) Release on Bail 
1. In the instances other than those where the provisional release is mandatory, the Ac-
cused may be released on a personal guarantee or on a bail bond or with a travel ban, and the Public Prosecution or the judge, as the case may be, shall determine the amount of bail. Moreover, the a mount of bail shall be allocated as an adequate penalty in case 
the Accused fails to appear in any of the procedures of investigation or trial, and to en-sure that the Accused both does not evade the enforcement of the judgment and per-
forms all the other du ties prescribed by law.  
2. If the Accused fails to provide a personal guarantee or a bail bond, the Prosecutor may 
change, replace or overturn the bail condition, order that the Accused be held in custody  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  41 
 or continues to be kept in custody if already in custody, as of the issuance date of the 
order of release on bail.

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 
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 acceptab le excuse, to fulfill any of the obligations im-
posed on him under Article [109] hereof, the bail bond shall become the property of the 
government 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 
criminal 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  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  42 
 stronger, if the Accused fails to fulfill the duties i mposed 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 (113) Court Having Jurisdiction to Decide on Motions for Release, 
Detention or Provisional Electronic Monitoring  
1. If the Accused is taken to court, the decision to release him, if he is detained, to detain 
him, if he is released, or placing him temporarily un der electronic monitoring if he is de-
tained or released, or overturning any such a decision, shall fall with the jurisdiction of 
the court to which he is taken.  
2. In case of a judgment announcing lack of jurisdiction of the court, the court that renders 
such a judgment shall have jurisdiction to decide on the motion for release, detention or 
provisional electronic monitoring or the cancellation thereof, until the case is brought 
before the competent court.

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 10 Seizure of Property and Prevention of Disposition   
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Article (115) Precautionary Measures on Suspicious Property  
1. The Public Prosecution and the competent court, as the case may be and whenever nec-
essary, may order the assessment, tracking or valuation of suspicious property or the equivalent value thereof, and that any precautionary measures be taken in respect there of, including managing or preventing disposition of the same, if such property has 
resulted from, or is associated with, a crime, or to prevent evasion of seizure or confisca-
tion orders issued against the same, without prior notice to its owner or possesso r, 
without prejudice to the rights of bona fide third parties.  
2. The Public Prosecution and the competent court, as the case may be, entrust any person 
with managing the suspicious property or its equivalent value where any precautionary 
measure is taken with regard thereto, if necessary. The proceeds of selling the same shall 
be devolved to the government in the event that a final judgment of conviction is ren-dered. Such property shall remain subject, within their value, to any rights legally estab-
lished in favor of any bona fide third party.  
3. The Public Prosecution and the competent court, as the case may be and whenever nec-
essary, may order that the Accused, the person owning, possessing or assuming man-agement of the suspicious property, or any third p arty deemed appropriate, be entrusted 
with managing the suspicious property or its equivalent value where any precautionary measure is taken with regard thereto. In the instances where a third party is entrusted with the management of the same, a management fee shall be determined Public Pros-ecution or the competent court and shall be paid to such a third party by the public 
treasury.  
4. The Minister of Justice or the head of the local judicial body may issue a decision regu-
lating the management of property  seized and relevant expenses.  
   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  44

Article (116) Grievance Against Precautionary Measures 
1. Any interested party may file a grievance against the Public Prosecution's order referred 
to in Article [115.1] hereof with the competent court within the territoria l jurisdiction of 
which the Public Prosecution issuing the order is located or the court having the jurisdic-
tion to hear the criminal action.  
2. The grievance shall be based on a petition to be submitted to the competent court, and 
the chief justice of the  court shall schedule a hearing for such grievance and shall keep 
the grievant informed of the same. In addition, the Public Prosecution shall submit a memorandum of opinion on the grievance, and the court shall decide thereon not later 
than [14] fourteen business days following its filing date.  
3. The decision on the grievance shall be unchallengeable. If the grievance is dismissed, a 
new grievance may only be filed after three [3] months following the date of dismissal of the previous grievance, unless a serious reason arises before the expiration of such a pe-
riod.

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 2 Disposal of the Charge and of the C ase

Article (118) Dismissal of The Case With Prejudice   
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 1. Following the investigation conducted by the Public Prosecution, the latter may dismiss 
the case with prejudice and order that the Accused be released, unless he is detained for any other reason.  
2. The decision to dismiss the case with prejudice in felonies may only be issued by an Ad-
vocate General or his designee, and shall only become effective after being approved by 
the Attorney General or his deputy.  
3. The decision to dismiss the case with prejudice shall include the name and surname, age, 
place of birth, place of residence, profession, nationality of the Accused, as well as details 
of the charge imputed to him and its legal characterization and the grounds upon which 
the decision is based.  
4. The decision shall be served upon both the victim and the Plaintiff, and if either of them 
has passed away, the same shall be served upon his heirs as a group without mentioning 
their names, at the last domicile of the decedent.

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 cour t. If, on the 
contrary, it is convinced that there is no legal ground to proceed with the case, it shall dismiss 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  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  46 
 appealed and the appeal was dismissed.

Article (121) Taking The Case to The Misdemeanor Court  
Where the Public Pro secution 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 Co urt 
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 misdemeano r court 
on the grounds that the underlying act constitutes a felony, the Public Prosecution shall transfer the case to the criminal court.

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 cir-
cumstances and the applicable ar ticles of the law.   
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 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 Ac cused 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.  
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.  
   
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Article (128) Service of Witnesses not inclu ded 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 accus ed 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-
vestig ation unless new evidence comes to light.  
2. Witness statements, reports and other papers or electronic evidence that were not ini-
tially submitted to the Public Prosecution and which would reinforce the existing evi- 
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  49 
 dence considered insufficient or add more  clarification that may lead to revealing the 
truth, shall all be classified as new evidence.  
  
Part 3 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 provision-
al release of the Accused held in custody, and the release decision may only be executed 
after the expiration of the timeline of appeal.  
2. The Accused may appeal the deci sion 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 sufficie nt.

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 case s provided for in Article [133] and [10] ten days in the 
cases provided for in Article [134] hereof.   
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 2. The timeline of appeal shall commence as of the date of issuance of the decision with 
regard to the Public Prosecution and as of the date of service of the order with regard to the other litigants.

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 res t 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 (138) Decisions of Court of Appeal on The Dismissal with Prejudice 
Order  
1. The Court of A ppeal shall issue its decisions on the appeal against the dismissal with 
prejudice orders after perusing the papers and hearing the clarifications deemed neces-
sary from the parties. It may also perform everything required for reaching a decision on 
the pen ding appeal, including complementary investigations or may, for this purpose, 
delegate one of its members or the Public Prosecution.  
2. When deciding to overturn the dismissal with prejudice order, the Court of Appeal shall 
remand the case to the Public Pr osecution under a reasoned decision indicating the of-
fence and its elements and the provisions of the governing law, in order to transfer the 
same to the competent criminal court.   
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 3. Under any circumstances, the decisions of the Court of Appeal shall be unchallengeable.

Article (139) Decisions of the Court of Appeal on Appeals against Release or 
Extending Custody Decision  
1. The Court of Appeal may, upon hearing the appeal filed against the order issued for the 
release of the Accused held in custody, order an extension of his custody. If the appeal is not decided on within [3] three days following the date of its filing, the release order is-
sued shall be executed immediately.  
2. The C ourt of Appeal may, when hearing the appeal filed against the order issued to ex-
tend the custody period of the Accused, order the release of the Accused with or without bail.  
3. Decisions issued by the Court of Appeal in this regard shall be unchallengeable.  
  
Book 3 COURTS  
Part 1 Jurisdiction  
Chapter 1 Jurisdiction on C riminal Matters

Article (140) Court of First Instance  
1. With the exception of offences falling within t he jurisdiction of the Federal Supreme 
Court, the Court of First Instance composed of three judges shall have jurisdiction to hear 
and adjudicate on the felonies punishable by Qisas [retaliation in kind], death penalty or 
life imprisonment, transferred the reto by the Public Prosecution, and shall hereinafter be 
referred to as the Major Criminal Court. The court composed of one judge shall have ju- 
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  52 
 risdiction to hear and adjudicate on other offences punishable by a determinate prison 
sentence, and shall hereinafter be referred to as the Minor Criminal Court.  
2. The court composed of one judge shall have jurisdiction to hear and adjudicate all cases 
of misdemeanors and petty offences, and shall hereinafter be referred to as the Misde-
meanor Court.  
3. Notwithstand ing the provisions of this Law, the chairman of the Federal Judicial Council 
and the heads of local judicial bodies, as the case may be and in accordance with the 
laws regulating their work, may set up the rules that regulate the work and determine 
the com petences of the one- day court of the misdemeanor court, as well as the mecha-
nism of serving the litigants, the order of the hearings thereof and other procedures of 
such a 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 (142) Criminal Court Lacks Jurisdiction to Hear Misdemeanors 
1. Where the Major Criminal Court is convinced that the underlying act, as described in the 
transfer decision and before being examined at a hearing, constitutes a misdemeanor or a felony punishable by a determ inate prison sentence, it shall decide that its lacks the ju-
risdiction and shall transfer the case to the competent court.  
2. If the Minor Criminal Court is convinced that the underlying act constitutes a felony punishable by the death penalty or life impr isonment, it shall decide that it lacks the ju-
risdiction and shall transfer the case to the Major Criminal Court.   
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 3. If the Minor Criminal Court is convinced that the underlying act, as described in the deci-
sion of transfer to criminal trial and before being examined at a hearing, constitutes a 
misdemeanor, it shall decide that it lacks the jurisdiction and shall transfer the case to 
the misdemeanor court.

Article (143) Territorial Jurisdiction  
Jurisdiction shall be determined based on the place wherein t he 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 perpetr ation has occurred. For 
continuous criminal offenses, the place of the crime shall be deemed each place wherein a state of 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 befo re 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  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  54 
 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 2 Criminal Courts' Jurisdiction over Civil Action and S uspension 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 t he criminal action, subject to payment of the prescribed legal fees.

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.  
   
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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 
nece ssary 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 disre gard 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 governing such matters.  
  
Chapter 3 Conflict of J urisdiction

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  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  56 
 matter, the application to designate the competent court shall be submitted to the Federal 
Supreme Court  according to the following two articles.

Article (155) Motion for Designating the Competent Court  
1. The Public Prosecution and the parties to the case may each request that the competent 
court be designated, based on a motion accompanied by the support ing documents.  
2. The court to which the motion is submitted shall, within [24] twenty -four hours follow-
ing its submission, order that the papers be filed with the Case Management Office.  
3. The Case Management Office shall notify the other parties of such  filing within [3] three 
days following its occurrence, in order for each of them to review the papers filed and to 
submit a statement of defense thereon within [10] ten days following their the date of 
being notified of such filing.  
4. The filing order shall give rise to a stay of the case for which the application is submitted, unless otherwise decided by the court.

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.  
  
Part 2 TRIAL PROCEDURES  
   
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 Chapter 1 General Provisions  
Section 1 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 befor e 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 resp ect of felonies.  
2. The notice to appear shall indicate the charge and the law articles that prescribe the 
punishment.

Article (160) Methods of Serving the Notice to Appear  
1. The notice to appear before the court shall be served by any of the following methods:  
a. Recorded audio or video calls, messages on the mobile phone, smart applications, 
e-mail or via any other means of communication; or   
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 b. To the Defendant in person wherever he is present at his place of residence or place 
of work. If the notice cannot be served due to any reason on the part of the Defendant, or if the latter refuses to receive the notice, the same shall be deemed to 
have been served upon the Defendant in person. If the process server does not find 
the Defendant required to be serv ed at his place of residence, the notice may be 
delivered to any cohabitant, spouse, relative, in -law or servants of the Defendant;  
2. The process server shall verify the identity of the person who is informed or who re-
ceives the notice, so that his / her appearance must indicate that he / she has completed 
[18] eighteen years of age, and that neither he / she nor the person he / she represents 
has an apparent interest that conflicts with the interest of the Defendant;  
3. In the event of service by the modern means of communication defined in Clause [1.A] 
of this Article, the process server shall ensure that such a mean, whatever it is, belongs to the Defendant. In the event of service via recorded audio or video calls, the process serv-
er shall draw up a rep ort in which the content of the call, the time and date of the call, 
and the person who answered the call shall all be recorded. Such a report shall have the 
probative force of evidence and shall be attached with the case file.  
4. If the Defendant cannot b e served in accordance with Clause [1] of this Article, the notice 
shall be delivered to the police station where the last place of residence of the Defendant 
is located, and the place where the crime is perpetrated shall be considered as the last 
place of  residence of the Defendant, unless otherwise is established.  
  
Section 2 HEARING ORDER AND PROCEDURES

Article (161) Personal Appearance or Representation of the Defendant  
The Defendant charged with a felony or a misdemeanor, punishable by a penalty other than  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  59 
 the fine, shall appear in person. For other misdemeanors and petty offences, the Defendant 
may appoint an attorney to defend him, without prejudice to the authority of the court to order his personal presence.  
Howeve r, in all circumstances, the attorney, a relative, or an in -law of the Defendant may 
appear and furnish an excuse for the Defendant's absence. If the court accepts the excuse, it 
shall schedule another date for the Defendant to appear, and the Public Prose cution shall 
notify the Defendant of the new date.

Article (162) Open and Closed- Door Court Hearings  
1. The court hearing shall be open; however, the court may, for reasons relating to the pub-
lic 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 (164) Keeping Order of The Courtroom  
1. The order and administration of the court hearing shall be vested in the presiding judge, 
who may, to that end, dismiss from the hearing any person jeopardizing the order of the 
court, but if such a person does not comply, the court may, with immediate effect, order 
his detention for 24 [twenty -four] hours or to penalize him with a fine of not less than  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  60 
 AED 1,000 [one thousand UAE Dirhams] and not more than AED 5,000 [five thousand 
UAE Dirhams], and the court's judgment in this respect shall be final.  
2. The court may, at any time prior to the end of the hearing, revoke its judgment or 
decision issued under Clause [1] of this Article.

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 proce-dures shall continue until he is allowed to appear again, then the court shall inform him 
of the actions taken in his absence.

Article (166) Investigation Procedures During the Hearing  
1. The investigation shall be commenced during the hearing by calling the litigants and the 
witnesses. The Defendant shall be questioned about his name, surn ame, profession, 
nationality, place of residence and place of birth, after which the charge imputed to him shall be announced. Next, the Public Prosecution and the Plaintiff, if any, shall submit 
their claims. Thereafter, the Defendant shall be asked how h e pleads; if he pleads guilty, 
the court may decide that it is satisfied with his admission and then render a judgment 
against him without hearing the testimony of witnesses. Otherwise, the court shall hear 
the testimony of the prosecution witnesses, unles s the crime is punishable by the death 
penalty, in such case, the court shall complete the investigation procedures.   
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 2. Such witnesses shall first be examined by the Public Prosecution, and then by the victim, 
if present, the Plaintiff as concerns the latt er's claim, then cross -examined by the 
Defendant, and finally by the Defendant liable for civil damages. The Public Prosecution, 
the victim, and the Plaintiff shall, respectively, may examine for a second time the 
witnesses in order to seek clarification o f the facts to which they testified, while the court 
shall hear the testimony of each witness in private.

Article (167) Hearing the Testimony of Defense Witnesses  
1. After hearing the testimony of the prosecution witnesses, the court shall hear the testi-
mony of defense witnesses who shall first be examined by the Defendant, and then by the Defendant liable for civil damages, then cross -examined by the Public Prosecution, 
and finally by the Plaintiff. The Defendant and the Defendant liable for civil damage s 
shall each have the right to re -examine the witnesses to seek clarification of the facts to 
which they testified in their answers to the questions addressed to them.  
2. Each litigant may request that the testimony of the above -mentioned witnesses be hear d 
again in order to seek clarification or verification of the facts to which they testified, or 
request that the testimony of other witnesses be heard for this purpose.

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.   
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Article (169) Examination of Witness  
1. The court may, at any stage of the proceeding, pose to the witnesses any question it 
deems neces sary 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.

Article (170) Hearing the Statements of Litigants  
1. Afte r 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 
former 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 (172 ) Trial Transcript   
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 1. A transcript shall be drawn up and all events taking plac e during the trial hearing shall be 
recorded, and each page thereof shall be signed by both the presiding judge and the 
clerk of the court.  
2. This transcript shall include the date of the hearing, description of whether it is an open 
or closed -door hearing, the names of judges, the member of the Public Prosecution who 
attended the hearing, the clerk, the litigants and their attorneys, the statem ents of both 
witnesses and litigants. Furthermore, a reference shall be made in the transcript to the 
papers read out and all actions taken, while the claims submitted during the hearing of the case, the decisions made on the subsidiary matters, the operat ive part of judgments 
rendered and all other things that take place during the hearing shall be recorded there-
in. 
  
Section 3 WITNESSES AND OTHER EVIDENCE

Article (173 ) Subpoena  
1. The witnesses shall be subpoenaed upon the request of the litigants in acc ordance 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 (174 ) Failure of the Witness to Appear   
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 1. If the witness fails to appear before the court after being subpoenaed, he may, after 
hearing the Public Prosecution's statement, be condemned to a fine of not less than [AED 
1,000] one thousand dirhams and not exceeding [AED 5000] five thousand dirhams.  
2. If the court is convinced that his testimony is important, it may adjourn the case for the 
witness to be subpoenaed, and may issue an Arrest Warrant against him.  
3. If the witness appears, after being re -subpoenaed or based on his own initiation, or fur-
nishes an acceptable excuse, he may be relieved of the fine, after hearing the Public 
Prosecution's statements.  
4. If the witness fails to appear after being subpoenaed for the second time, he may be condemned to a fine that does not exceed twice the maximum fine prescribed in Clause 
[1] of this Article. The court may issue an Arrest Warrant ag ainst him to be brought at the 
same hearing or at another hearing to which the case is adjourned.

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 that rendered the judgment.

Article (176 ) Witness is Unable to Appear  
1. If the witness informs the court that he is unable to appear before the court for a valid 
excuse such as his illness or any other excuse preventing him from appearing to give tes-timony, the court may move to his place and hear his testi mony after informing the Pub-
lic Prosecution and the other litigants of the same. The litigants may attend in person or 
through their attorneys and address to the witness the questions they deem necessary.   
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 2. In the event that the court becomes convinced, after moving to the witness's wherea-
bouts, that the excuse was fake, it may either order his detention for a period not ex-
ceeding [3] three months or impose a fine not exceeding of [AED 20,000] twenty thou-
sand dirhams against him.

Article (177) Verification  of Witness Identity and the Procedures for Hearing 
Him Before the Court  
1. The court shall instruct each witness to mention his name, surname, age, profession, na-
tionality, place of residence, and his connection to the Defendant, the victim and the 
Plaint iff, and shall verify his identity.  
2. A witness, who has completed [15] fifteen years of age, shall take an oath before giving 
the testimony to testify the truth, the whole truth and nothing but the truth. It is permis-sible to hear the testimony of those who have not reached the aforementioned age as 
supporting evidence, without taking the oath.  
3. The aforementioned details, the testimony of witnesses, and the procedures for hearing 
them shall all be recorded in the transcript without modification, deletion, erasure, alter-
ation or addition. None of the same may be approved unless the presiding judge of the 
court, the clerk and the witness so confirm.

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.   
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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 rev eal the truth be furnished.

Article (181 ) Appointment of Expert Witnesses  
1. The court may, either sua sponte or upon motion of the litigants, engage one or more 
expert witnesses in the case, and, if necessary, a committee of experts whose number 
shall be odd.  
2. The court may, sua sponte, order that the expert witnesses be subpoen aed to be ques-
tioned about the content of the reports submitted by them during the preliminary inves-tigation or before the court; and it shall issue such order if so requested by the litigants.  
3. If it is not possible to verify a proof before the court, it may move to its whereabouts for 
verification.  
  
Section 4 SUBSIDIARY FORGERY CASE  
   
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  67

Article (182 ) Challenging Case Papers on Forgery Grounds  
1. The Public Prosecution and all litigants may, at any st age of the case, challenge on for-
gery 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 (183 ) Authority to Adjudicate on Forgery Allegation  
1. Where the court that hears the case is convinced that the decision to be made thereon is 
dependent on the paper alleged to be forged, and there is a good reason to proceed with the verification of the forgery evidence, it shall send the papers to the Public Prosecution and stay the proceeding until a decision is made on the forgery allegation by the compe-
tent authority. It may also, if the decision to be made on the forgery allegation falls with-
in its jurisdiction, investigate the forgery allegation by itself and decide on the authentic-ity of this paper.  
2. The court may condemn the party alleging forgery to a fine not exceeding [5,000] five thousand dirhams in the event that a judgment or a decision is rendered denying the 
forgery allegation.

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.  
  
Section 5 THE DEFENDANT SUFFERING FROM MENTAL DISABILITY OR  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  68 
 PSYCHOLOGICAL DISORDER

Article (185 ) Placing the Defendant at a Medical Treatment Facility or 
Elsewhere  
1. Where there is a necessity that the Defendant's mental or psychological state be exam-
ined, the Chief Prosecutor -  during the investigation -  or the court hearing the case may 
order that the Defendant, if remanded in custody, be placed under observation in a spe-cialized medical treatment facility for successive periods not exceeding [15] fifteen days each and [45] forty five days in total. In the event that the Public Prosecution fails to 
complete the investigation procedures with the Defendant and the exten sion of the de-
tention period is required, the Chief Prosecutor shall submit the matter to the competent 
court for the latter to decide either extension of the detention for a specified period or 
release of the Defendant.  
2. In case the Defendant is not rem anded in custody, the Chief Prosecutor or the competent 
court may place the Defendant under observation elsewhere.

Article (186 ) Stay of Proceedings if the Defendant Is Unable to Defend 
Himself  
1. If it is established that the Defendant is unable to defe nd 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.  
Federal Decree-  Law No. (38)  of 2022 Promulgating the Criminal Procedures Law  69 
 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 Articles, shall be subtracted from the period of the sentence or of the measures imposed 
on him.

Article (188) Dismissal With Prejudice Order or Judgment of Acquittal Due 
to Insanity  
If a dismissal with prejudice order is issued or a judgment of acquittal is rendered in favor of the Defendant on grounds of insanity, ment al disorder or weakness or serious psychological 
disease, the Public Prosecution or the court, as the case may be, shall order that the Defendant be placed at a medical treatment facility until his release is decided, after 
reviewing the report of the medi cal treatment facility where the Defendant is placed and 
hearing the statements of the Public Prosecution, in the instances where the order is not issued thereby, and after verifying that the Defendant has recovered his sound mind or is no longer dangerous . 
  
Section 6 PROTECTION OF VICTIMS WITH PSYCHOLOGICAL OR MENTAL 
DISORDER