The UAE has developed a well-coordinated system to ensure the efficient enforcement of laws across its seven emirates.
- Unified Databases: Centralized criminal record databases allow seamless information sharing among law enforcement and judicial bodies, ensuring that a person’s criminal history is accessible in any emirate.
- Police Cooperation: Law enforcement agencies collaborate through the Ministry of Interior, conducting joint operations and sharing intelligence to address criminal activities effectively. A unified police number system facilitates the tracking and management of criminal records.
- Judicial Committees: These committees address issues requiring inter-emirate collaboration, ensuring consistent enforcement of judicial decisions and harmonization of legal processes.
- Electronic Systems and E-Government: Significant investment in e-government initiatives has integrated electronic systems across judicial and law enforcement agencies. Online portals for case inquiries, electronic filing, and digital legal records facilitate real-time information sharing and coordination.
- Mutual Legal Assistance: The UAE uses mutual legal assistance agreements domestically and internationally to share legal information and cooperate in criminal matters, enhancing the criminal justice system’s effectiveness.
Advancements in Legal Inquiries related to Criminal Records
Dubai now offers the capability to inquire about registered financial cases using the Emirates ID number. Similarly, Abu Dhabi allows inquiries into criminal cases using a unified number. Despite these advancements, some cases may not have been electronically listed, necessitating thorough examination and inquiries at the respective court or police station to obtain comprehensive information
Types of Criminal Records Affecting Re-entry in the UAE
- Judicial Deportation: Issued following a court ruling against a foreigner convicted of a felony or misdemeanour carrying a penalty that restricts freedom.
- Administrative Deportation: Issued by the Federal Authority for Identity and Citizenship for reasons related to public interest, security, morals, or if the individual lacks visible means of support. This order may extend to include the foreigner’s dependent family members, leading to the cancellation of their residencies.
- Travel Ban: Imposed in criminal cases against the accused until the case is resolved. It is also issued by executive courts against foreign debtors to prevent them from fleeing the country before settling their debts.
- Arrest Warrant: Directs law enforcement to apprehend a person or company director subject to execution, ensuring they are brought to a police station for further judicial determination of imprisonment.
- Detention Order: Issued by the Public Prosecution following interrogation, allowing up to seven days of detention initially, extendable as necessary. The enforcement judge holds authority over seizure procedures, potentially ordering imprisonment to enforce debt payment.
Supporting Legal Framework
In accordance with the UAE’s legal provisions regarding the expiration of criminal cases and the lapse of penalties due to the passage of time, as outlined in the UAE Decree Law No. (38) of 2022 issuing the Code of Criminal Procedure, the statute of limitations is applied to criminal cases and penalties.
I. Expiration of Criminal Cases
A criminal case shall expire and be considered closed, with the Public Prosecution barred from pursuing it under the following conditions, as stipulated by Article 21 of the UAE Penal Code providing the condition for expiration of criminal cases:
-
- Death of the accused
- Issuance of a final ruling
- Waiver of the lawsuit by the entitled parties
- Comprehensive amnesty
- Repeal of the law penalizing the act
- Twenty years for felonies, except for hudud crimes, retaliation, blood money, and felonies punishable by death or life imprisonment
- Five years for misdemeanours and one year for violations. These periods are calculated from the day the crime occurred
II. Forfeiture of Penalty
Penalties are forfeited when a specified period has elapsed since the issuance of a final ruling without its implementation, resulting in the expiration of the right to enforce the penalty. This legal provision ensures that penalties are not enforceable indefinitely, providing a timeframe within which the authorities must act, stipulated in UAE Decree Law No. (38) of 2022 issuing the Code of Criminal Procedure.
Exceptions include crimes of retaliation (qisas), blood money (diyah), and felonies with final sentences of death or life imprisonment. These exceptions highlight the severity of these crimes and the perpetual nature of their enforcement.
The specified periods for the forfeiture of penalties are as follows:
-
- For felonies: 30 years
- For misdemeanors: 7 years
- For violations: 2 years
These periods commence from the date the ruling becomes final. However, in cases where the penalty was imposed in absentia by the Criminal Court for a felony, the period begins from the date the ruling is issued. This distinction is crucial as it ensures that individuals who evade justice cannot benefit from the passage of time until they are aware of the penalty.
Legal Reference: These provisions are in accordance with Articles 21 and 320 of the UAE of Criminal Procedure, which outline the statutes of limitations for criminal cases and the conditions under which penalties are considered forfeited.
Conclusion and Recommendations
Given the complexities and serious implications of unresolved legal issues in the UAE, it is imperative for expatriates and residents who suspect they may have been subject to a possible legal action in their absence to thoroughly check for any outstanding cases before planning to re-enter the country. Unresolved legal matters can lead to severe consequences such as imprisonment, travel bans, and deportation.
The interconnected nature of international legal, immigration and financial systems: like the Immigration and Border Control Systems, International Law Enforcement Cooperation, including entities such as Interpol and Europol, the Global Financial Systems, like FATF and SWIFT can further complicate matters that are left unsettled. Outstanding legal issues in the UAE can lead to the issuance of international alerts, resulting in detention or legal action in other countries. This international reach underscores the seriousness of unresolved cases and the potential extended impact on the individual’s freedom and movement globally.
Ensuring a clean criminal record is imperative not only for returning to the UAE, but also for maintaining a record necessary for ensuring financial transactions and employment clearances which UAE has adopted as mandatory standard. A clear legal standing is crucial for expatriates and residents to secure visas, employment, and the use of financial services and instruments both within the UAE and internationally.
Our litigation team at Motei & Associates can assist you to mitigate any risks due to unresolved legal cases, conducting thorough inquiries and providing effective legal resolutions.
