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Published : January 30, 2016 | Author : alrowaad
Category : Dubai laws | Total Views : 487 | Unrated

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.

Procedures of the UAE to deliver a suspect of Extradition

1. If there is a convention between UAE and another country for extradition, this will take priority to the UAE International Judicial Corporation Law, where neither of these applies, the National Criminal Law of the UAE will be enforced. Therefore, the procedures of extradition are applied through diplomatic  processes.

2. The required documents you need to attach to the request in order to get the suspect back to their country are, these must be submitted in Arabic and authenticated by the authorities;

a. The details of the suspect e.g. I.D, passport, features

b. The relevant law to be applied for the crime committed by the suspect

c. Where the suspect already has investigations against him for the crime, a copy of the investigations and the crime should be submitted e.g. where the crime happened, what the crime consisted of, how the crime was committed

d. where there is already a judgment against the suspect details of all the suspect’s convictions must be submitted

Procedures the Public Prosecution of the UAE will take where the suspect is required urgently:

Where the suspect is required urgently, the UAE can temporarily keep the suspect in custody.

The conditions that apply are:

1. The nature of the crime. The crime must be serious, it can be a felony or misdemeanor as both punishments are charged by a sentence of imprisonment. The seriousness of the crime is based on the discretion of the Public Prosecution.

2. The duration of custody. The period of custody is 15 days however, this can be renewed. Moreover, Under the General Convention a suspect can be kept in custody for 40 days altogether. Nevertheless, where there is a personal convention between two countries the custody period could be up to 60 days altogether. It should be noted that only the head of Public Prosecution or the Prosecutor delegated by him can authorize the extension of the custody period.

Releasing of the suspect

The releasing of the suspect usually takes place where;

1. Investigations have been carried out, the custody period ends and the requesting country fails to ask for the suspect back.

2. The suspect requests to be released from custody. The Public Prosecutor under his discretionary power can decide that the crime committed is not that severe, in this situation the Public Prosecutor can decide to release the suspect provided the suspect produces either a;

a. A security deposit (this can be a certain amount of money or an asset owned by the suspect)

b. Personal Guarantee (this is usually given by someone who provides a guarantee on behalf of the suspect)

Where the UAE has a suspect in custody and informs the requesting country that they have the suspect, the UAE can notify the requesting country to provide a proposal as soon as possible to get the accused back. If the requesting country does not provide this, they will release the suspect, provided he offers a security deposit, personal guarantee or the custody period ends.

Re Arresting

Where a suspect is released and the proposal is issued by the requesting party after release for example; due to a delay in the request caused by the UAE authorities, the Public Prosecution can inform the suspect to return for investigations or the suspect can be directly arrested. Moreover, the way in which the suspect is released does not matter e.g. by security deposit, personal guarantee etc.

During the investigations the suspect should be made aware of the crime he is alleged to have committed, the law that is going to be applied for the crime, the suspect should be provided with a lawyer, and should have a right to defend himself against the crime he is being accused of.

The investigations are commonly carried out by the head of Public Prosecution however, he can delegate the duty to a Public Prosecutor of any ranking to carry out the necessary investigations to determine whether to release the suspect or keep him under custody. Nevertheless, the Public Prosecutor does not have the authority to transfer the suspect to the other courts, such authority is only given to the head of Public Prosecution.

Author: Mr. Hassan Elhais is a professional Lawyer who specialized in Litigation in Dubai, United Arab Emirates. 

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