- Legal Articles
- Ask Elhais
January 16, 2017|
Regardless of whether the Public Prosecution received the arrest order of the accused or not, the law gives them the right to issue their own arrest orders according to Article 101 of the Federal Law No. (35) Of 1992.
Article 101 of the same law indicates that the arrest order by the Public Prosecution would indicate the name of the accused, along with his or her profession, residence, nationality, accusation and the date of when he has to see the Public Prosecution. This would have to be signed by the Public Prosecution member and stamped with the authorized seal.
In most of these cases, Public Prosecution would issue the arrest order if the accused does not attend after he was allocated without a valid justification or it is feared that he would escape or does not have a known place of residence, or if he was caught in the act of the crime. The Public Prosecution member may issue surrender and detain order for the accused even if the event does not require pretrial detention.
Such arrest orders would be valid for only six months. However, they may be extended with approval of the Public Prosecution.
Once the accused, who is under arrest, has been referred to the Public Prosecution, generally, they do not take more than 24 hours for the investigation prior to deciding whether to release them or to place him under pretrial imprisonment order.
If an arrest order has been issued against the accused and he is caught outside the dominion of the investigating court, which might be a different Emirate than where he or she was initially arrested from, then he shall be reassigned and returned back to the Public Prosecution in the Emirate which primarily issued the warrant. This is in accordance with Article 105 of the Criminal Procedures Law.
It is important to note here that someone getting arrested does not mean that the person will stay in jail. As, in many cases, the accused would be subjected to arrest for only 48 hours and until they meet the Public Prosecution, who then decides to either release them or keep them detained until the investigation is concluded.
On the other hand, for some accused the detention period until they meet the Public Prosecution might not be more than 24 hours. If this time elapses, he might be freed according to Article 104 of the same law. Therefore, the detention administration tend to refer the accused to the Public Prosecution for questioning immediately.
However, if the accused has not been released within the first 72 hours, it is sensible to expect that the Public Prosecution has issued a pretrial imprisonment order against the accused. This will be the element for our subsequent article, which would contain advanced discussion on the matter.
Disclaimer: This article comprises broad and general information about legal materials. The material is general advice and not legal advice, and should not be treated as such. The legal information in this article is provided is extracted from the UAE Criminal Procedures Law Federal Law No. (35) Of the Year 1992 and based on our experiences as a law firm. The information provided are only guidelines. You should certainly not postpone pursuing legal advice, ignore legal advice, or begin or suspend any legal action because of information provided in this article. You must not rely on the information in this article as a substitute to legal counsel from your attorney or any other practiced professional legal services provider.This information is drafted by licensed legal practitioner and sent from Al Rowaad Advocates & Legal Consultants which is duly licensed law firm to practice law under UAE Law.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.Want to know more? Then talk to us.
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.