Temporary Release and Bail Procedure under the Criminal Procedure Law
According to the Criminal Procedure Law, Article 108 outlines the conditions for the temporary release of a person detained under remand. Release may occur only with the approval of the Public Prosecutor, and conditions may be imposed or modified as deemed necessary. The law permits release on bail in cases where temporary release is not obligatory. Bail can be personal or financial, and the amount is determined by the Public Prosecution or the judge. If bail conditions are not met, the Public Prosecutor may change, replace, or cancel the bail or order continued detention. Additionally, bail must be paid by the defendant or someone on their behalf and deposited in the Court treasury. It is permissible for others to pay the bail on behalf of the defendant, with the payment serving as a guarantee for the defendant's compliance with court obligations.
1. Disposition of Bail
Article 111 addresses the disposal of bail. If the defendant fails to meet obligations, the bail becomes government property without the need for a judgment. The bail may be refunded if the defendant is acquitted or if the case lacks grounds for a lawsuit. Article 112 states that a release order does not prevent the Public Prosecutor from issuing a new arrest warrant if evidence is strong, the defendant breaches conditions, or other circumstances require it.
2. Appeals and Grievances
Article 113 grants the ability for requests related to release, detention, or electronic monitoring to the Court to which the defendant is referred. The Court that issued a judgment of lack of jurisdiction retains competence until the case is filed with the competent Court. Article 114 clarifies that requests from plaintiffs for the imprisonment of the defendant are not accepted, and their statements are not considered in discussions related to the defendant’s release.
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3. Precautionary Measures
Article 118 permits the Public Prosecutor to issue an order declaring that there is no basis for filing a lawsuit after investigation, leading to the defendant's release if no other reasons for imprisonment exist. This order requires approval by the Public Prosecutor. In misdemeanours and violations, if the lawsuit is deemed fit to proceed based on evidence, the defendant is instructed to appear before the competent Criminal Court. Otherwise, the lawsuit may be dismissed. The Public Prosecutor has the authority to cancel an order declaring no basis for filing a lawsuit within 3 months if the order has not been appealed and rejected. If evidence in a misdemeanour or violation case is sufficient, the lawsuit may be referred to the competent Criminal Court. Felonies with sufficient evidence are referred to the Felony Court by the Chief Public Prosecutor as per Article 122. This order may include comprehensive information about the defendant and the crime, specifying all relevant elements and applicable laws. This order must be notified to the plaintiffs within 3 days. Article 125 allows for the referral of related crimes within the same Court jurisdiction by a single referral order. Crimes falling under different court jurisdictions are referred to the higher court. The defendant detained under remand may be released if the referral order does not include continued detention as per Article 126.
4.?Appeals and Court Competence
For appeals, Article 133 grants the Public Prosecution the right to appeal decisions regarding the temporary release of defendants held in remand. These release decisions cannot be executed until the appeal period has passed. Defendants are also permitted to appeal decisions extending their detention within the appeal period. Article 134 allows victims and plaintiffs to challenge orders from the Public Prosecution that determine there is no basis for filing a lawsuit due to insufficient evidence or other reasons. The appeal hearing date must be scheduled within 3 days of the appeal, and the Public Prosecution is responsible for notifying other plaintiffs. The Court of Appeal considers appeal requests in a counselling room, offering flexibility in scheduling and location. According to Article 138, the Court of Appeal's decisions on appeals against orders declaring no basis for filing a lawsuit are final and cannot be further appealed. The Court may, however, instruct the Public Prosecution to take further action on the case. Lastly, Article 139 permits the Court of Appeal to extend a defendant’s detention when an appeal is made against a decision for their release while under remand. The Court may also order the defendant's release, with or without bail. These decisions are final and not subject to further appeal.
Disclaimer: This article provides general information about legal materials and should not be construed as legal advice. The content is derived from the UAE Criminal Procedures Law (Federal Decree-Law No. 38/2022) and reflects our law firm's experience. It is intended for general informational purposes only and does not constitute legal advice. Readers should not delay seeking legal advice, ignore legal counsel, or initiate or suspend legal actions based on the information provided here. For personalized legal advice, consult a licensed legal practitioner. This article is prepared by Awatif Mohammad Shoqi Advocates & Legal Consultants, a licensed law firm authorized to practice law under UAE Law.
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