Police and public prosecutors are allowed to arrest a suspect of crime and seize their passport as per Article 45 of the UAE Criminal Procedure Law, which states that a judicial arrest officer may order the arrest of an accused providing there is sufficient evidence of committing a crime in any of the following cases:
1. Felonies
2. Misdemeanours in which a wrong is imposed and punishable without a fine
3. Misdemeanours punishable without a fine if the accused is under probation or is afraid of the accused escaping.
4. Misdemeanours of theft, fraud, breach of trust, severe abuse, resistance of members of the public authority by force, and violation of the sanctity of public morals and misdemeanours related to weapons, ammunition, intoxicants, and dangerous drugs.
However, during the investigation, police might release the suspect on bail after recording their statement and summoning the suspect to attend court. The bail might be an amount of money or just the suspect’s passport or the passport of one of their relatives, to act as a guarantee that they don’t leave the country and abide with judicial procedure.
On 10 April 2018, Emirates News Agency WAM reported that Dubai Public Prosecution had launched a new ‘Smart Guarantee’ initiative that meant passports would no longer need to be held and that all details would instead be stored electronically.
The passport’s owner still can’t leave the country until the judicial process is complete.
The initiative not only allows people to keep their documents to hand but also limits arrests and enables suspects to manage their affairs, while reducing financial burdens associated with incarceration.
This initiative complements another “Criminal Order” initiative launched last November in which Law No. 1 of 2017 was issued to give Public Prosecution the authority to sign the fine in cases of misdemeanors and minor violations instead of referring them to the court. This raises efficiency of judicial process, and reduces periods of litigation, as fines are signed immediately. read more
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1. Felonies
2. Misdemeanours in which a wrong is imposed and punishable without a fine
3. Misdemeanours punishable without a fine if the accused is under probation or is afraid of the accused escaping.
4. Misdemeanours of theft, fraud, breach of trust, severe abuse, resistance of members of the public authority by force, and violation of the sanctity of public morals and misdemeanours related to weapons, ammunition, intoxicants, and dangerous drugs.
However, during the investigation, police might release the suspect on bail after recording their statement and summoning the suspect to attend court. The bail might be an amount of money or just the suspect’s passport or the passport of one of their relatives, to act as a guarantee that they don’t leave the country and abide with judicial procedure.
On 10 April 2018, Emirates News Agency WAM reported that Dubai Public Prosecution had launched a new ‘Smart Guarantee’ initiative that meant passports would no longer need to be held and that all details would instead be stored electronically.
The passport’s owner still can’t leave the country until the judicial process is complete.
The initiative not only allows people to keep their documents to hand but also limits arrests and enables suspects to manage their affairs, while reducing financial burdens associated with incarceration.
This initiative complements another “Criminal Order” initiative launched last November in which Law No. 1 of 2017 was issued to give Public Prosecution the authority to sign the fine in cases of misdemeanors and minor violations instead of referring them to the court. This raises efficiency of judicial process, and reduces periods of litigation, as fines are signed immediately. read more
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