A client’s main priority is usually based on a bail procedure. Their lawyers are always asked to get the soonest possibility for their relatives to be released on bail.
Under normal circumstances, the public prosecution is offered the legal provisional right to get the accused released regardless of the accusation labeled against them or the crime committed. Unless the verdict in question is a life imprisonment or a death sentence.
The attorney or his accused could be in a better position to request such bail decisions for the case to be later taken to court.
Such decisions are legally made in stages of the investigation by the prosecution. This is as stated by the UAE Criminal Procedure Law in Article 111.
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A common law states that the temporal release of an accused with an ongoing criminal investigation will be possible if the individual provides a reasonable assurance of his or her presence when needed during the investigation. The accused will need to give a guarantee showing that he/she will take every necessary step as shown in the applicable law. This is seen under the provisions of a conditional bail.
However, there is no strict method mentioned by the law on how to provide this guarantee. Most often, collecting the passport of the accused is a common practice which serves as a sure guarantee of his or her reappearance. In cases where the accused doesn’t have a passport, that of either a family member or a friend would be eligible. They can also get an assured guarantee by making a fixed deposit to the court cashier. A guarantee could further involve a solvent person by an undertaking to guarantee a specific amount if the release conditions are breached by the accused.
In addition, if the release conditions are breached by the accused without a tangible reason, the government will be in charge of the financial guarantee without a final judgment as stated in the same law Article 111.
The financial guarantee in form of a deposited amount will be returned if the case is dismissed or closed in the criminal court or during the investigation. Also, the guarantor will finally be free from any signed undertaking.
Most of our clients ask this one common question if it is possible for a bail to be revoked after being approved or executed.
Our answer to that is from the Criminal Procedures Law in Article 115, it is possible for the bail to be canceled as it is rarely seen. It is shown in one of the mentioned scenarios.
- If any commitments made by the applicable laws were breached by the accused. If he, for example, refused to attend the appointment or investigation that was given by the Public Prosecution.
- In case of an incoming circumstance that requires such decisions.
These are the key reasons for getting a lawyer to represent a criminal case. It is most important to have a solid representation from the start to the end. The Criminal Defense Lawyer would not just always try for a bail but to liaise between the Public Prosecutor and the client to ensure the applicable laws are followed by the client and to make sure he doesn’t breach the conditions unintentionally.
Another question commonly asked by our clients is if there is the possibility for a criminal case victim to take part in the discussions of a conditional bail or request detention.
NO! Is the answer to that. This is due to Article 117 of the Criminal Procedures Law which clearly highlights the fact that, imprisonment cannot be requested by the victim nor can the victim take part during the discussions.
Disclaimer: both general and broad information can be found in this article on legal materials. It is a general advice and not a legal advice which is not to be treated as one. The provided information are just guidelines. The legal information on this article was gotten from the Federal law No 35 of the year 1992 of the UAE Criminal Procedures Law and based on law firms near me experience. This article should not be the cause of you stopping your ignore for legal advice, search for legal advice or the suspend of any legal action. This article should not be your substitute to any legal professional service provider or as a legal counsel from your attorney. The information in this article has been legally drafted by licensed practitioners and sent from Legal Consultants & Al Rowaad advocates which practice law under UAE law and it’s a duly law firm.
