الأمر بأن لا وجه لإقامة الدعوى الجزائية في التشريع الجزائي الإماراتي : دراسة مقارنة

الملخص EN

The UAE legislator permits the Public Prosecution, after investigating the case, to issue an order that there is no reason to start a lawsuit and release the accused.

The legislator does not specify the situations in which that order may be issued, does not allow the victim to challenge it unless he/ she is claiming a civil right and does not put that order under review before the release of the accused.

This gives the Attorney General the authority to cancel that order within three months of its issuance.

Moreover, the UAE legislator allows the civil rights claimant (the plaintiff) to appeal against that order, despite the fact that the decision that there is no reason to start a lawsuit is a judicial decision related to the criminal part of the criminal case and has no argument against the civil judiciary.

In addition, the UAE legislator did not indicate the legal procedure to be taken if that order was cancelled, the investigation was returned, and the Public Prosecution found that the order was correct.

In this situation, should the Public Prosecution issue a new order or keep the previous one?