In this video, we break down the key distinctions under UAE law, your rights during each process, and what to expect. Learn how to protect yourself and when to seek help from a criminal defense lawyer. #arrestvsdetention #detainedforquestioning #criminaldefense Visit us @ https://www.professionallawyer.me/legal-articles/criminal-law/difference-between-being-under-arrest-and-being-detained-for-questioning
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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