Public Prosecution Sharjah

Public Prosecution Sharjah: Process and Working

By Published On: December 17, 2024Views: 28

A legal system is important to ensure justice within the country. When it comes to good models of the legal system, the United Arab Emirates (UAE) is always discussed and recognized as a country having the best legal systems in the world. UAE has a diverse population, and UAE’s legal system is a blend of Islamic and Civil Laws. Emirates of Sharjah is popular in UAE for job opportunities, living, facilities and more. The crime rate is very low in UAE as well in this Emirates. As per federal law of UAE, the public prosecutors in all the emirates of UAE, are appointed to oversee the criminal investigations.

Public Prosecution: Ensuring Justice

The Public Prosecutor in Sharjah is responsible for protecting the rights of individuals and corporate sectors in the UAE, and keeping the UAE safe all the time. However, they also have certain obligations to adopt, let’s have a look:

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  • Criminal Investigations

As soon the crime is reported, it shall be presented before the Public Prosecution. A detailed investigation should be carried out for a felony or misdemeanor. The Public Prosecutors in Sharjah lead the first stage of the investigation to know about suspects. They gather as much evidence as possible and decide to issue a warrant as well. Public Prosecution documents their investigation, and accountability throughout the process, for the record. They also sign the official proceedings of the report, ensuring that a proper investigation is conducted.

  • Task Delegation

The Public Prosecutor can pass on a few tasks to the authorities. But the questioning from the litigant cannot be Passed on or delegated.

  • Delegation of Tasks in the UAE Legal System

According to Article 68 of the UAE Penal Code, the Public Prosecutor can delegate the task to other prosecution members if the legal action cannot be performed in their jurisdiction. However, the judicial authority issued by the Public Prosecutor is pertinent across the UAE. You can check with our legal experts this regard.

Privileges of the Defendant

UAE legal system provides safety to every individual, regardless of their legal status. The accused is given their rights throughout the proceedings. The UAE legal system ensures following rights

Eligible for Legal Support

The defendant can have legal support for their criminal case. Under Federal law Article 98, the defendant’s lawyer can attend the investigation proceedings and review the case files. The Public Prosecutor can restrict access to the investigation files to keep the information intact.

  • Initial Questioning

The defendant’s identity shall be documented. Every charge on them shall be communicated thoroughly. Lastly, all defendant statements shall be recorded for official proceedings.

  • Warrants and Orders

The public prosecutor issues warrants, especially in criminal cases. Under Article 99, arrest warrants and travel bans are ordered during criminal proceedings. The details of the defendant are shared along with their criminal charges. Upon summon from the court, if the suspect does not appear in the court, they will be arrested with the warrant. The public authorities give the orders for warrants. The public prosecutor in Sharjah can issue a detention order if the defendant fails to appear in court.

Validate and Execute the Orders

The Public Prosecutor Sharjah makes the validity period and execution orders as:

Article 101

The orders for execution are valid across the UAE, ensuring that all the actions taken by the Public Prosecutor are enforced in all emirates. However, the arrest warrants shall be executed within six months.

Article 102

It talks about quick interrogation with the defendant. The Public Prosecutor shall question them within 24 hours. Otherwise, the defendant has to be released from custody.

Remand Detention

It is the practice of holding the defendant in the Public Prosecutor’s custody as the criminal offense is serious.

Article 103

Article 103 discusses detention orders. Under these orders, they can be detained if there is sufficient evidence against the defendant. The remand order must include the details of the charges.

Article 105

Article 105 limits the contact of the defendant other than their chosen lawyer.

Remand Detention Extended

Sometimes, investigations are prolonged. During this additional time, the public prosecutor Sharjah extends the remand detention. As per Article 107, initially, the detention is for 7 days, but it can be extended for another 7 days, making 14 days (two weeks). More than that, the remand detention can be referred to the criminal court’s judge. They can extend the detention for a month, but it should be under six months.

Safeguarding the Defendants

The UAE’s legal system is fair and just, and defendants are protected during trials. The courts oversee the criminal investigation, ensuring extensions and detention orders are justified. Moreover, the investigation documentation shall remain intact, including the details of the interrogations and detention extensions, ensuring transparency and accountability in the case. However, the defendants have the right to appeal in the UAE courts.

Public Prosecution is always Essential

Public Prosecution in Sharjah is significant in the UAE’s legal system to ensure fair investigations. Through task delegation, the investigation process is made efficient and easy for case management, gaining the public’s trust in the UAE legal system. Nevertheless, the UAE legal system is evolving with time.

Recently, case management has been conducted online so more individuals can get justice quickly. However, the Public Prosecution has also accepted the digital transformation in the legal system; therefore, it is now using digital evidence and forensic analysis in its investigations.

Efficiency and Fairness

The Public Prosecution Sharjah plays a vital role in UAE’s legal system. It is responsible for overseeing criminal investigations. However, the Public Prosecutor has delegated a few tasks to the authorities, ensuring efficiency.

Why Should I Know About Public Prosecution?

If you are an expatriate in the Sharjah, you should know the criminal offenses and laws against those matters. Such knowledge can be grabbed from lawyers in Sharjah. Ask the Law Lawyers in Sharjah are trustworthy lawyers there.

Note:

Blog is a general approach. It is just a content. Therefore no liability is owned or taken. We can setup the legal appointment with our lawyers and legal consultants in Sharjah. You can meet them, consult them and