UAE Criminal Law Extradition Article Procedures .pdf
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Extradition Article Procedures
Legal Articles: UAE Criminal Law
By Mr. Hassan Elhais ‐ Legal Consultant in Dubai
Procedures of the UAE to deliver a suspect of Extradition
If there is a convention between UAE and another country for extradition, this will take priority to
the UAE International Judicial Corporation Law, where neither of these applies, the National Criminal
Law of the UAE will be enforced. Therefore, the procedures of extradition are applied through
The required documents you need to attach to the request in order to get the suspect back to their
country are, these must be submitted in Arabic and authenticated by the authorities;
o The details of the suspect e.g. I.D, passport, features
o The relevant law to be applied for the crime committed by the suspect
o Where the suspect already has investigations against him for the crime, a copy of the
o investigations and the crime should be submitted e.g. where the crime happened, what the
crime consisted of, how the crime was committed
o where there is already a judgment against the suspect details of all the suspect’s convictions
must be submitted
Procedures the Public Prosecution of the UAE will take where the suspect is required urgently:
Where the suspect is required urgently, the UAE can temporarily keep the suspect in custody.
The conditions that apply are:
The nature of the crime. The crime must be serious, it can be a felony or misdemeanor as both
punishments are charged by a sentence of imprisonment. The seriousness of the crime is based on
the discretion of the Public Prosecution.
The duration of custody. The period of custody is 15 days however, this can be renewed. Moreover,
Under the General Convention a suspect can be kept in custody for 40 days altogether. Nevertheless,
where there is a personal convention between two countries the custody period could be up to 60
days altogether. It should be noted that only the head of Public Prosecution or the Prosecutor
delegated by him can authorize the extension of the custody period.
Releasing of the suspect
The releasing of the suspect usually takes place where;
Investigations have been carried out, the custody period ends and the requesting country fails to ask
for the suspect back.
The suspect requests to be released from custody. The Public Prosecutor under his discretionary
power can decide that the crime committed is not that severe, in this situation the Public Prosecutor
can decide to release the suspect provided the suspect produces either a;
1. A security deposit (this can be a certain amount of money or an asset owned by the suspect)
2. Personal Guarantee (this is usually given by someone who provides a guarantee on behalf of the
Where the UAE has a suspect in custody and informs the requesting country that they have the suspect, the
UAE can notify the requesting country to provide a proposal as soon as possible to get the accused back. If
the requesting country does not provide this, they will release the suspect, provided he offers a security
deposit, personal guarantee or the custody period ends.
Where a suspect is released and the proposal is issued by the requesting party after release for example; due
to a delay in the request caused by the UAE authorities, the Public Prosecution can inform the suspect to
return for investigations or the suspect can be directly arrested. Moreover, the way in which the suspect is
released does not matter e.g. by security deposit, personal guarantee etc.
During the investigations the suspect should be made aware of the crime he is alleged to have committed,
the law that is going to be applied for the crime, the suspect should be provided with a lawyer, and should
have a right to defend himself against the crime he is being accused of.
The investigations are commonly carried out by the head of Public Prosecution however, he can delegate the
duty to a Public Prosecutor of any ranking to carry out the necessary investigations to determine whether to
release the suspect or keep him under custody. Nevertheless, the Public Prosecutor does not have the
authority to transfer the suspect to the other courts, such authority is only given to the head of Public
ABOUT THE AUTHOR: Hassan Elhais
After qualifying as a lawyer in his native Egypt and years of successful practice within the field
of criminal and public law, Mr. Elhais moved to Dubai in 2005 and has been practicing as a legal
consultant in Dubai since then. Working exclusively with Al Rowaad Advocates, Hassan is an
effective leader of the company, the spokesperson and driving force. Hassan has a strong
ethical stance with regards to the place of the law firm and its work on behalf of the client,
from clarity on the legal process through to the fee system.
Specializing in the drafting of all statement of claim, memos and consultation with regards to all
kind of litigation, Hassan has worked his way through the ranks of Al Rowaad Advocates from
joining as Legal Advisor to his current role as Managing Partner. Member of Egypt Bar
Association; Member of International Bar Association; and Recommended Lawyer of Embassy
of United States in Abu Dhabi.
Copyright Hassan Elhais
For more information about Hassan Elhais – Legal Consultant in Dubai