- within Criminal Law topic(s)
- within Immigration, Accounting and Audit, Media, Telecoms, IT and Entertainment topic(s)
A crime can be generally classified as 'infractions', 'misdemeanours' and 'felony' depending on the gravity of the offense. In this video, we'll go through the differences between the three crimes and the fines and punishments that entail.
Infractions vs Misdemeanours vs Felonies
Infractions are minor violations under law and is punishable by either detention of up to 1 days and fines of up to AED 10,000. Misdemeanours refer to the less serious crimes as opposed to felonies. A misdemeanour is a crime punishable with a jail sentence, a fine exceeding AED 10,000 or blood money. Offenses that are termed misdemeanours include petty theft, driving under the influence of alcohol, etc.
Felony, on the other hand, refers to serious crimes that are characterized by more stringent punishments, including death penalty, life imprisonment and temporary imprisonment. Offenses that fall under 'felony' include murder, rape, and drug trafficking.
Litigation Stages for Misdemeanor and Felony Charges
Complaint Stage:
In this stage, the police will refer the complainant to the relevant section of the police department which would be responsible for investigating the offense.
At this stage, the police will proceed to record the statement of the parties. Once the investigation is completed, the complaint will be finalized and referred to a public prosecutor for the succeeding steps.
Public Prosecution Stage:
In this stage, a criminal complaint is referred to the public prosecution office. The public prosecutors are authorized judicial authorities who are empowered to review the cases referred to them and to conclusively record if a criminal offense has taken place or not.
The public prosecutors often summon both the complainant and the accused and also provide them with the opportunity to bring witnesses on their behalf. Statements of both the parties and their witnesses are recorded, and the parties are also required to sign the statements.
The public prosecutor then proceeds to file the criminal case before the criminal court for the next step. However, if the public prosecutor deems that the crime has not been established, then further steps will not be issued.
Criminal Court Stage:
The UAE criminal courts comprise of three court stages;
1. The First Instance Court
2. Court of Appeals
3. Cassation Court
Within the first instance court, Misdemeanours are tried before a single judge and Felonies are tried before a panel of three judges.
The procedure before a criminal court comprises of a trial stage wherein the claims are heard by the Court and all the parties are allowed the time to present their claims.
An accused person is required to appear in person when summoned to the Court for a hearing. The Court will ask the accused to either plead guilty or to otherwise respond to the charges.
If the accused pleads 'not-guilty', the Court will proceed to set another subsequent hearing date to allow the accused to present his defense and also to bring witnesses on his behalf.
Once the Court is satisfied that the pleadings are completed and the evidence, including witness hearings, has been completed, the Court will proceed to issue its verdict.
A verdict from the Court of the First Instance can be appealed within fifteen days' time period before the Court of Appeal, and a final verdict from the Court of appeal can be appealed within thirty days' time period before the Cassation Court.
Originally published by 13 May, 2022
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
