Unified UAE Legislation Database

Federal Supreme Court - Criminal Appeals Nos. 103, 251, 292, 294 and 295 of 2023 on Conflicts of Interest and Public Order

Status

In force

Issuing Authority

Effective date

XX.XX.XXXX

Official Link

https://

Session on Tuesday, July 30, 2024
Headed by Judge / Ahmed Abdullah Al Mulla, "Head of the Department"
And with the membership of the judges / Dr Ibrahim Obaid Ali Al-Ali and Muftah Salim Saad Al-Obaidi

 
(1-3) Criminal Procedures Appeals against judgements Cassation. The reversal of the verdict by the court in favour of the accused. Public Order Litigation procedures related to public order.


1. The Court of Cassation may overturn the decision in favour of the accused on its own initiative. Cases of this are as per Article 246 of Law No. 38 of 2022.


2. The conflict of interest between multiple defendants in a single violation has the effect that each of them must have a separate lawyer.


3. It is proven that the defendants confessed to each other in the investigations of the Public Prosecution and before the court that they committed the incident attributed to them. The appealed decision was based on that confession, which implies a conflict of interest between the defendants. Therefore, the appealed decision and the assignment of a single lawyer to defend them viol...