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Crimes Complaint

Crimes Complaint

The principle stipulated by the UAE legislator in the Code of Criminal Procedures in the article (7), has given exclusive jurisdiction to the Public Prosecution to initiate and follow-up the criminal lawsuits.

However, the UAE legislator has opined in certain circumstances by restricting that right to considerations governed by the interest of the litigants being the lawsuits related to the individuals and their relation with the lawsuits is more than its relation with the public right that is protected by the Public Prosecution. Thus, it has restricted its jurisdiction in initiating the criminal lawsuits in those circumstances to be preceded by written or verbal complaint submitted by the victim or his representative. The crimes as stipulated by the article (10) of Code of Criminal Procedures and its amendments are:-

  1. Theft, fraud, breach of trust, and concealing items obtained from it if the victim is the husband of the offender or one of his ascendants or descendants and these items aren’t attached by the court or administratively or seized by the right of another person.
  2. Not handing over the minor to the one who has the right in his claim or taking away from the authority of one who holds it or guarantees him.
  3. Refraining from paying the maintenance or wages of custody or breastfeeding or the housing as ordered.
  4. Abusing persons and defaming them.
  5. Other crimes stipulated by the law.

The article (10) has provided for not accepting the complaint after passing three months from the time victim comes to know about occurring the crime and its perpetrator.

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