Author: Farah Aly Khalil
Since its enforcement on 1 March 2023, Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedure Law has become a cornerstone of the UAE’s criminal justice system. It replaced the earlier Federal Law No. 35 of 1992, introducing updated procedures that align with international standards of fairness and due process.
The law provides clear guidance on how criminal complaints are filed and processed, ensuring that both victims and accused persons are treated fairly. It strengthens the presumption of innocence, guarantees procedural transparency, and reinforces public confidence in the UAE’s legal system.
Now more than two years since its introduction, the Criminal Procedure Law continues to shape how justice is delivered in the UAE - combining efficiency, fairness, and accountability in the handling of criminal complaints.
Under Federal Decree-Law No. 38 of 2022, complaints may be initiated by:
The complaint must be filed with the Public Prosecution or a competent judicial police officer. Once accepted, an investigation is opened. During this stage, evidence is gathered, witnesses may be questioned, and suspects can be detained if legally justified.
After reviewing the findings, the Public Prosecutor decides whether to proceed with formal charges or to dismiss the case. If charges are filed, the case moves to the competent criminal court for trial and judicial determination.
The law outlines specific circumstances in which the right to file a complaint expires:
If you are accused of a crime, you remain presumed innocent until proven guilty by a competent court. You have the right to:
Federal Decree-Law No. 38 of 2022 represents a significant development in the UAE’s criminal justice framework. It ensures that victims can seek justice through clear, structured procedures, while safeguarding the rights of the accused.
As enforcement and case law under the Criminal Procedure Law continue to evolve, understanding the rules, timelines, and protections it provides remains essential for anyone involved in a criminal matter - whether as a complainant or as an accused.
For tailored advice on filing or defending against criminal complaints under UAE law, contact our team. We assist individuals and businesses in navigating the UAE’s procedural requirements with clarity, fairness, and strategic insight.
Note: This Legal Update / Newsletter is intended for general informational purposes only and should not be construed as legal advice. It is based on laws and legal interpretations in effect as of the date of publication. Laws and regulations may change over time, and their application can vary depending on individual circumstances. Readers are strongly encouraged to seek specific legal counsel before acting on any of the information provided herein.
Since its enforcement on 1 March 2023, Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedure Law has become a cornerstone of the UAE’s criminal justice system. It replaced the earlier Federal Law No. 35 of 1992, introducing updated procedures that align with international standards of fairness and due process.
The law provides clear guidance on how criminal complaints are filed and processed, ensuring that both victims and accused persons are treated fairly. It strengthens the presumption of innocence, guarantees procedural transparency, and reinforces public confidence in the UAE’s legal system.
Now more than two years since its introduction, the Criminal Procedure Law continues to shape how justice is delivered in the UAE - combining efficiency, fairness, and accountability in the handling of criminal complaints.
Who can file a criminal complaint
Under Federal Decree-Law No. 38 of 2022, complaints may be initiated by:
- Victims (or their legal representatives): Individuals who have suffered direct harm or loss due to a criminal act.
- Authorised representatives: Guardians or legal representatives acting on behalf of minors, persons with disabilities, or individuals who are legally incapacitated.
- Public Prosecutor: In certain cases, such as crimes against public order or safety, the Public Prosecutor may initiate criminal proceedings even without a victim’s complaint.
Procedures for filing and processing complaints
The complaint must be filed with the Public Prosecution or a competent judicial police officer. Once accepted, an investigation is opened. During this stage, evidence is gathered, witnesses may be questioned, and suspects can be detained if legally justified.After reviewing the findings, the Public Prosecutor decides whether to proceed with formal charges or to dismiss the case. If charges are filed, the case moves to the competent criminal court for trial and judicial determination.
When the right to file a criminal complaint is lost
The law outlines specific circumstances in which the right to file a complaint expires:
- Statute of limitations: Complaints must be lodged within the timeframe prescribed by law, depending on the nature of the offence. For instance, some personal offences must be reported within three months of the incident.
- Withdrawal of complaint: In offences that require a victim’s complaint (such as defamation), the complainant may withdraw before the court issues a final judgment. Withdrawal at this stage may lead to dismissal of the case.
- Final judgment: Once a final court ruling is issued, a criminal complaint cannot be reopened on the same matter.
Rights of the accused
If you are accused of a crime, you remain presumed innocent until proven guilty by a competent court. You have the right to:
- Be promptly informed of the charges against you.
- Remain silent to avoid self-incrimination.
- Legal representation at every stage of investigation and trial.
- A fair and public hearing before an independent and impartial tribunal.
- Present evidence and call witnesses in your defence.
- Challenge the prosecution’s evidence.
- Appeal any conviction within the legally specified timeframe.
Conclusion
Federal Decree-Law No. 38 of 2022 represents a significant development in the UAE’s criminal justice framework. It ensures that victims can seek justice through clear, structured procedures, while safeguarding the rights of the accused.As enforcement and case law under the Criminal Procedure Law continue to evolve, understanding the rules, timelines, and protections it provides remains essential for anyone involved in a criminal matter - whether as a complainant or as an accused.
For tailored advice on filing or defending against criminal complaints under UAE law, contact our team. We assist individuals and businesses in navigating the UAE’s procedural requirements with clarity, fairness, and strategic insight.
Note: This Legal Update / Newsletter is intended for general informational purposes only and should not be construed as legal advice. It is based on laws and legal interpretations in effect as of the date of publication. Laws and regulations may change over time, and their application can vary depending on individual circumstances. Readers are strongly encouraged to seek specific legal counsel before acting on any of the information provided herein.