00:00Cuffed or Questioned? Navigating Arrest vs. Detention in the UAE
00:05In the United Arab Emirates, UAE, individuals may find themselves in situations where their freedom is restricted through detention or arrest.
00:15While both detention and arrest involve limitations on personal freedom, it is important to understand the differences between these two concepts,
00:23particularly in the context of civil and criminal procedures, the legal framework surrounding personal freedom, arrest, detention, and the rights of individuals are outlined in Federal Decree Law No. 38-2022 under Criminal Law and Federal Decree Law No. 42-2022 of Civil Procedure in the UAE.
00:43This video aims to provide clarity on the distinctions between detention and arrest in the UAE, focusing on their respective durations, purposes, and legal rights associated with each process.
00:54Detention under Criminal Procedure
00:56Detention for questioning is a temporary measure employed by authorities to gather information or evidence related to a specific incident or investigation.
01:05In the UAE, individuals can be detained for a maximum period of 72 hours.
01:10This period is divided into 24 hours for initial suspicion and 48 hours before meeting with the prosecution.
01:17The purpose of detention for questioning is to assist ongoing investigations or inquiries, allowing authorities to gather necessary evidence and information.
01:25Under Federal Decree Law No. 38-2022, personal freedom is protected and no individual can be subjected to arrest, inspection, detention, imprisonment, prevention from traveling, or electronic monitoring unless specified by the law.
01:40Detention under remand can be ordered by a public prosecution member if there is sufficient evidence and the offense committed is a felony or a misdemeanor punishable by other than a fine.
01:50The initial detention period under remand is seven days, with the possibility of renewal for up to 14 days.
01:57The public prosecution is responsible for supervising penal institutions and places of detention under remand.
02:04If the interest of the investigation necessitates extending the detention beyond the specified periods, the public prosecution must present the lawsuit file to a judge of the competent criminal court.
02:14The judge will then examine the case, including the defendant's statements, and decide whether to extend the detention for a maximum period of 30 days, with the possibility of renewal.
02:25The rights of the detainee are emphasized under the law.
02:29While contact with other detainees may be restricted, the defendant has the right to always contact their lawyer in private.
02:36The detainee may also file a grievance against an order issued to extend the detention within a specified time frame.
02:43Arrest under criminal procedure.
02:45Arrest in criminal cases is the act of taking a person into custody by a law enforcement officer or authority to ensure their appearance before the competent authorities and prevent them from escaping or committing further offenses.
02:58Law enforcement officers are authorized to order the arrest of a defendant when there is sufficient evidence that the individual has committed a crime.
03:06Arrests can be made in various cases, including felonies and misdemeanors punishable by penalties other than fines.
03:12If the defendant is not present, a law enforcement officer may issue a warrant for their arrest and detention.
03:19The arrested person shall be brought before the relevant authority within a reasonable time frame.
03:24After the arrest, the law enforcement officer must inform the defendant of the crime attributed to them and their right to remain silent.
03:31The defendant shall be sent within 48 hours to the competent public prosecution for further proceedings.
03:37A person who is arrested shall be brought before a judge within 48 hours of their arrest.
03:42The judge has the authority to order the release or detention of the arrested person pending trial.
03:47Detention under civil procedure in the UAE.
03:49Aims to enforce court orders and judgments by allowing the detention of debtors who fail to meet their financial obligations.
03:56Debtors can be detained if they abstain from enforcing a writ of execution without proving insolvency or engage in actions like asset smuggling or concealment.
04:05The initial detention period is one month, with the possibility of renewal for up to six consecutive months.
04:11Exceptions exist for debtors under 18 or over 70 years old, those with dependent children, and debtors providing bank guarantees or solvent sureties.
04:21During detention, a summary investigation can be conducted and debtors may be granted up to six months to repay the debt in installments.
04:29Legal representatives of private juristic persons can also be detained and travel restrictions may be imposed.
04:36Arrest under civil procedure.
04:37Arrest in civil cases is governed by Federal Decree Law No. 42-2022 of civil procedure.
04:43If a misdemeanor involving aggression against the court panel, false testimony, or any other crime punishable by law is committed during trial sessions,
04:51the court has the authority to order the arrest of the perpetrator.
04:55The arrested individual is then referred to the public prosecution to initiate the necessary legal actions against them.
05:01Individuals have the right to file a grievance against the decision to issue an arrest warrant or the refusal to order one.
05:09The grievance should be filed within seven days from the issuance of the decision or from the date of notification.
05:16The judge responsible for reviewing the grievance will issue a decision to either cancel or modify the contested decision.
05:22Conclusion
05:23In the UAE, detention and arrest serve different purposes and are governed by separate legal frameworks in both civil and criminal procedures.
05:32Detention under the criminal procedure is primarily used for questioning, investigation, and gathering evidence,
05:38while arrest aims to ensure the appearance of the defendant before the competent authorities and prevent further offenses.
05:44The specific procedures and rights associated with detention, bail, and civil judgments may vary based on the circumstances, the applicable laws, and the court's discretion.
05:56Individuals need to understand their rights and legal protections when faced with detention or arrest in the UAE.
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