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Public Prosecution in Dubai and UAE – An Intro
In the United Arab Emirates, the Public Prosecution plays a central role in the criminal justice system. Tasked with the investigation and prosecution of crimes, it acts on behalf of the state to ensure that justice is served fairly and efficiently. Understanding how this authority operates, particularly in Dubai, is key for anyone living, working, or doing business in the country.
What is the Public Prosecution?
The Public Prosecution is an independent judicial body with the authority to investigate criminal offenses, interrogate suspects, file formal charges, and represent the government in court during criminal proceedings. Its primary function is to uphold the law and protect public interest through fair and impartial application of justice.
Established under Federal Law No. 35 of 1992 on the Criminal Procedure Law, the Public Prosecution operates across the UAE under the umbrella of the Ministry of Justice, although certain emirates like Dubai and Abu Dhabi maintain autonomous prosecution departments under their respective local judicial councils.
The Structure in Dubai
Dubai’s Public Prosecution is part of the emirate’s local judicial framework and functions independently from the federal prosecution system. It is headed by the Attorney General of Dubai and comprises several specialized departments, each focusing on particular types of crimes. These include financial crimes, narcotics, traffic offenses, cybercrime, and family-related offenses.
Each unit is staffed with experienced prosecutors who handle investigations, issue legal directives to police and investigative bodies, and represent the prosecution before Dubai’s criminal courts.
How Does the Criminal Process Work?
A criminal complaint in the UAE typically begins with a report filed by an individual or entity, either at a police station or directly with the Public Prosecution. Once a complaint is submitted, the police conduct a preliminary investigation, after which the case is referred to the prosecution for legal evaluation.
If the Public Prosecutor finds sufficient evidence, they may summon the accused for questioning. Following interrogation and evidence gathering, the prosecutor decides whether to:
Dismiss the case due to lack of grounds;
Refer the matter to the Misdemeanour Court or the Criminal Court, depending on the severity of the alleged offense.
Once a case is referred to court, the Public Prosecutor acts as the state’s representative during trial, ensuring that evidence is presented lawfully and the rights of both the victim and the accused are upheld. The prosecution’s role may continue beyond the trial, particularly in appeal proceedings or in the enforcement of court judgments.
Legal Powers of the Public Prosecution
The Public Prosecution is vested with broad legal powers. These include the authority to order arrests and detentions, issue travel bans, approve forensic investigations, and freeze assets when necessary to preserve evidence or prevent harm. It also supervises the execution of judgments and oversees compliance with criminal sentencing.
Importantly, prosecutors also have discretion to propose alternative resolutions in some cases, such as reconciliation agreements, especially in civil-criminal overlap disputes or minor misdemeanors.
Rights of the Victim and the Accused
The UAE legal system ensures that both the complainant and the accused are afforded fundamental legal protections.
Victims may participate in the criminal process by filing a civil claim alongside the criminal case, seeking compensation for damages suffered. They also have the right to be informed of major procedural developments and, in certain cases, may request the Public Prosecution to reopen investigations if new evidence arises.
Accused individuals are protected by the principle of presumption of innocence. They have the right to remain silent, to be assisted by legal counsel during interrogation and trial, and to be tried within a reasonable timeframe. In cases involving non-Arabic speakers, interpreters are provided during all legal proceedings.
Digitalization and Access to Services
In recent years, the Dubai Public Prosecution has undergone significant digital transformation. Through its official website and platforms like the DubaiNow app, residents and legal representatives can access a wide range of services. These include filing requests, paying fines, reviewing case status, and submitting legal memoranda — all electronically.
This shift has streamlined processes, improved access to justice, and reduced unnecessary delays, especially in routine filings and minor offenses.
Can a Criminal Complaint Be Withdrawn?
The answer depends on the nature of the complaint. In cases involving minor disputes — such as bounced cheques, verbal insults, or family disagreements — it may be possible for the complainant to request withdrawal of the charges, especially if reconciliation is reached. However, for more serious offenses such as physical assault, drug trafficking, or crimes against public safety, the Public Prosecution has a duty to proceed regardless of the complainant’s wishes, as these are considered crimes against society as a whole.
Confidentiality of Proceedings
All investigations conducted by the Public Prosecution are strictly confidential. Only the parties involved, along with their legal representatives, have access to the case file. Any attempt to share or publicize information from an active investigation may result in criminal penalties under the UAE’s laws on privacy and defamation.
Final Thoughts
The Public Prosecution in Dubai and across the UAE is a robust institution designed to ensure the rule of law and social stability. Whether you are filing a complaint, being investigated, or facing criminal charges, understanding the process and your rights is crucial.
At Rubert & Partners, with the backup of key local barristers, we support individuals and businesses navigating criminal allegations — discreetly, professionally, and with deep knowledge of local procedures. If you need assistance interacting with the Public Prosecution or wish to evaluate your legal options, our team is here to help.
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We hope this post will help you and remain available for any questions regarding this post of general application.
The following links will guide you to direct publications on Dubai Courts or extended courts in UAE; and to specific topic videos on litigation and UAE and Dubai Courts’ functioning. For more information, feel free to explore all our publications at this link, as well as video insights on the topic from our Managing Partner, Maria Rubert here.
*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to the concept of public prosecution in Dubai and UAE.