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00:00Understanding Arrest Procedures Under UAE Criminal Procedure Law
00:04In the UAE, the arrest of individuals in criminal cases is governed by Federal Decree Law No. 38-2022 on the issuance of the Criminal Procedure Law.
00:16The law outlines specific scenarios under which law enforcement officers are authorized to make arrests.
00:22This video provides a comprehensive overview of the arrest procedures as stipulated in the UAE Criminal Procedure Law.
00:301. Grounds for Immediate Arrest
00:32According to Article 46 of the Federal Decree Law No. 38-2022, law enforcement officers are empowered to arrest a defendant present at the scene of a crime if there is sufficient evidence indicating the defendant's involvement in criminal activity.
00:48The key scenarios for permissible arrest include
00:522. Felonies, serious crimes that warrant arrest without the need for prior judicial approval.
00:583. Misdemeanors punishable by non-fine penalties.
01:014. Instances where the offense is committed flagrante delicto in the act, such as violent acts or significant threats to public order.
01:085. Misdemeanors with risk of escape or monitoring, when the defendant is subject to surveillance or there is a perceived risk of escape.
01:165. Specific misdemeanors, crimes such as theft, fraud, breach of trust, severe trespass, resistance to a public authority, violations of public morals, and offenses related to weapons, narcotics, and other dangerous materials.
01:316. During the commission of an offense, arrests can be made if the defendant is caught in the act or if there is a fear that they may escape or lack a fixed residence.
01:416. Arrest Warrants and Procedures
01:44If the defendant is not present at the scene, law enforcement officers may issue an arrest warrant as outlined in Article 47.
01:52This warrant must be recorded in the official report and executed by members of the public authority.
01:58Immediately following the arrest, law enforcement officers may inform the defendant of the charges and their right to remain silent.
02:05According to Article 48, if the defendant's statement does not warrant their release,
02:10they must be presented to the competent public prosecution within 48 hours.
02:15The public prosecution is then required to interrogate the defendant within 24 hours, after which they will decide on custody or release.
02:233. Detention and Interrogation
02:26Article 102 specifies that after an arrest, judicial officers must refer the accused to the public prosecution for immediate interrogation.
02:36If interrogation cannot be conducted immediately, the accused must be placed in a designated detention facility.
02:43Detention should not exceed 24 hours without interrogation.
02:47If this period lapses, the detention facility must send the accused to the public prosecution, which is obligated to interrogate or release them.
02:564. Arrest Procedures for Flagrante
02:59Delicto and Formal Complaints
03:02Article 49 of the UAE Criminal Procedure Law permits any individual who witnesses a felony or misdemeanor to hand over the offender to the nearest public authority member without needing an arrest warrant.
03:15Additionally, Article 50 authorizes public authority members to arrest individuals committing felonies or misdemeanors, not punishable by a fine, and transfer them to the nearest law enforcement officer.
03:27Article 51 further stipulates that for crimes in flagrante delicto in the act that necessitate a formal complaint to initiate legal proceedings, the defendant cannot be arrested unless the authorized individual submits the complaint, which can be caught with a public authority member present at the scene.
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03:49For more information, visit www.arrest Procedures for Flagrante
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