Role of Lawyers in Criminal Cases

Criminal offences in the UAE are governed by Federal Decree Law No 31 of 2021 and Federal Decree Law No 38 of 2022. The UAE legal system is very strict, and UAE authorities always have a zero-tolerance policy toward crimes, including felony and misdemeanour. For example are drug, fraud, forgery, assault, cybercrimes, and financial crimes too. Starting from investigation and escalating to trial, the entire process involves many levels, and each level requires legal and procedural methods.

Every society has components that engage in criminal activities. The state is mainly responsible for providing preventive controls, identification of crime, fair trial through the legal system and just punishment. A strong system for all of the above results in crime control and the protection of citizens. The lawyers perform a very important role in all the elements of the system. The Crimes can be of two types indeed;

• Violent F
• inancial

Violent crimes are crimes where killing is involved, people suffer in their lives, and people are beaten. Such societies can’t make progress at all. Such societies can’t make progress at all. Therefore, developed societies can’t afford violence and violent crimes. Financial Crimes, if they are not meant to destroy human lives or society, then also consider the beauty of a business place. UAE is one of those places in the world where financial crimes are a lot but mostly controlled. UAE is one of those places where Law and Order are strict; therefore the financial crimes and financial criminal activities are fully controlled. Violence is not tolerated in the UAE. There is no tolerance for violence and violent crimes in the UAE.

In implementing controls for the crimes, lawyers have to be engaged to formulate a foolproof system that is also in compliance with state laws and the Constitution. Strict measures for security have to be implemented while ensuring that the fundamental rights of the citizens are not harmed. Giving importance to anyone while ignoring the other is detrimental to the balance of society.

A fair trial is the right of both the accused and the accuser. Guilt is never pre-established. The lawyers have to make sure that both parties are given a full opportunity to be heard, whatever the circumstances of the case. Every aspect of the case is fully explored, and all evidence and witnesses are thoroughly analysed and presented in the court of law. More often than not, the initial inferences drawn about the case turn out to be false and later facts change the outcome. Advocates in Dubai work professionally to uncover all the truths of the case so that a fair trial can take place. After the judge and jury have heard all the facts presented to them by the lawyers, they are them with providing a fair and unbiased judgment as governed by the rules of the law.

A judge should be able to apply the book to the letter so that the judgment passed does not violate any clause of the law. The UAE judiciary is the best example of the judiciary in the world. When all the components of the system are working without any flaw, the felonies are rightfully identified and punished. This results in the prevention of crime through the implementation of proper controls. This also results in deterring the criminals by making examples of the felons and giving them fair punishment. As a result, the crime level in society is bound to fall. Lawyers UAE are critical to the successful implementation of this system and crime control as a result. Usually, Criminal Cases are managed in three phases. The first phase is the investigation phase and the complaint registration phase by the Police Department. The second Phase is the Public Prosecution(النيابة العامة), where a decision is passed by the authorities in the Public Prosecution. Finally, the last phase comes, which is called the Criminal Court, where the judges give the final verdict and the final verdict is passed by the judges for the execution.

The UAE Criminal System does not provide the option of having a plea bargain system. Though this is very common in Europe and Western countries. Lawyers have a chance to negotiate with the counterparty/counter parties. They can mediate with the parties and convince them of a decision which is acceptable for both parties. But if the state becomes the plaintiff when the prosecution files the case or files the appeal, then it cant be managed like other individuals.

Defence lawyers can also try to reduce sentences. Lawyers can defend the party in court. Similarly, lawyers can also defend in the Court of Appeal and the Court of Cassation.

Lawyers are not for UAE nationals only. Lawyers are for expatriates, too. More than 9 million people living in the UAE are expatriates. They help them buy properties, resolve employment disputes and much more.

The role of Criminal lawyers in UAE is not limited. They help people from police investigations to criminal courts. They help people in real estate matters, employment matters, wills and estate matters and more.