Unified UAE Legislation Database

FAQ: Can a public prosecution’s appeal in a criminal case in the UAE be declared invalid if it does not state the reasons for appeal?

Status

In force

Issuing Authority

Effective date

XX.XX.XXXX

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Answer: No, it cannot.

According to Article 9, Article 234, Article 237, and Article 241 of Federal Decree-Law No. 38 of 2022 on Criminal Procedure:

The Public Prosecution is the exclusive and primary party in criminal proceedings. Its role is to protect society against crimes; therefore, it has the right to appeal any judgment, even if rendered in favor of the defendant;

An appeal is filed by preparing a record at the criminal court’s registry (Art. 234), after which the court hears both parties (Art. 237);

The law does not require the submission of written reasons for appeal and does not provide for invalidity of an appeal in their absence;

When considering an appeal, the court re-examines the case in full, both factually and legally (Art. 241), and is not bound by the prosecution’s arguments.

 

In Criminal Appeal Case No. 849 of 2024:

The first instance court imposed a penalty of 30 days of community service and a fine of AED 1,000;

The Public Prosecution appealed, but the appellate court declared the appeal “invalid” due to the absence of stated ...