: July 09, 2016 |
: Dubai laws
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Hassan Mohsen Elhais
After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Mr. Mohsen Elhais has been practicing in Dubai for the past seven years.
Working exclusively with Al Rowaad Advocates, Hassan is an effective leader of the company, the spokesperson and driving force. Hassan has a strong ethical stance with regards to the place of the law firm and its work on behalf of the client, from clarity on the legal process through to the fee system.
Specialising in the drafting of all statement of claim, memos and consultation with regards to all kind of litigations, Hassan has worked his way through the ranks of Al Rowaad Advocates from joining as Legal Advisor to his current role as Managing Partner.
Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that:
1. The crime must be considered an offense, be punishable in both countries and punishment must be imprisonment
2. The crime that is the subject of extradition must be punishable under the law of the country requesting extradition (Requesting Country) with a sentence of at least one year where investigations have already been carried out
3. 2 countries must have the same treatment towards each other for e.g. two countries can agree to exchange criminals or receive criminal’s at a later date from the other country
4. If a criminal’s remaining sentence is less than 6 months in prison the UAE will not give him back to the requesting country
5. If the criminal has a judgment against him the sentence must be at least 6 months, in order for the requesting country to have the criminal back
6. Where a criminal escapes from prison e.g. comes to the UAE, the UAE will only give him back where he has 6 months or more imprisonment to complete
7. Where a criminal commits more than one crime, and only one of them fits the criteria for extradition, it will be enough to send the criminal back to his country Cases where the UAE will not deliver a suspect of extradition under any circumstances are;
7.1 In certain cases of crimes related to military services
7.2 If the person is a UAE national citizen
7.3 If the case is within the jurisdiction of the UAE court
7.4 In case of political crimes, the UAE will only deliver the suspect in certain cicumstances;
a. If the crime is related to terrorism
b. If the suspect committed war crimes
c. If the suspect committed racial crimes
d. If the suspect committed crimes against the country’s; Diplomats, President, Vise President etc
8. Where a person is being demanded to go back to his country because of his race/ religion/ thoughts
9. Where the UAE has started investigations against a person on the same case, they will not be handed back until investigations are completed
10. In the situation where a suspect commits a crime in the U.K and escapes to Paris before investigations are started, and then is caught by the authorities in Paris and completes his Sentence in Paris. The UAE will not hand the suspect back to the U.K, because the suspect will have previously completed his sentence in Paris.
11. When the case is elapsed. For example, where a person passes their limitation period and the convicted ends up in the UAE or where conciliation takes place between the suspect and the other party, they will not hand him back
12. Where the UAE believes a criminal if handed back to their country would face torture, degrading or inhumane treatment. The prosecution will carry out investigations into the matter, produce its findings to the court, and if it is found that the criminal will face torture he will not be handed back
13. where the crime does not fit the punishment
14. where the suspect will not get a fair trial
15. Letter of forgiveness. Where the concerned country forgives the suspect and
does not want to pursue the matter further, the UAE will not hand the suspect back to the concerned country.
Mr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration.