Criminal Court of First Instance

 

First: Introduction to the Criminal Court of First Instance:

The Criminal Court is competent to pass ruling in criminal lawsuits for crimes committed in the Emirate of Dubai or those whose effects have been reflected in the territory or in a place subject to its sovereignty, including territorial water and the space above it, except the crimes which are the jurisdiction of the federal courts as stipulated by law.

Second: Types of crimes that the criminal court has jurisdiction to adjudicate:

The Criminal Court in the Emirate of Dubai specializes in the three types of crimes according to the tripartite division of crimes recognized by the legislation and the judiciary and they are: crimes, misdemeanors and violations, for which the Federal Penal Law and its complementary punitive legislation determine the punishment and measures taken against the perpetrators.

Third: Criminal Court Circuits Formation:

  1. Criminal circuits: each of them consist of three judges directed by one of them, in addition to a prosecutor who is assisted by a secretary; specialized in adjudicating criminal lawsuits.
  1. Misdemeanors circuits, which are:

1.Basic Misdemeanors circuits: each of them consist of one judge in addition to a prosecutor assisted by a secretary; specialized in adjudicating misdemeanors lawsuits related to crimes against person and money in general, and which may require an investigation from the court or delegated experts to invoke the truth.

2.Specialized Misdemeanors circuits:

1.Family Misdemeanors circuit: specializes in adjudicating misdemeanors crimes that fall within the scope of the same family or related to accused who are relative of the victim, focusing on reconciliation between the parties to the lawsuit if it was possible, in the interest of the family and social relations.

  1. Juvenile circuit: specializes in adjudicating crimes committed by the juvenile accused and organized by Law No. 9 of the year 1976 in the matter of juvenile delinquents and homeless, who defined the juvenile as someone who was under eighteen years of age at the time of committing the act subject to accountability or his presence in one of the vagrancy lawsuits. The judge takes the appropriate actions suits the juvenile’s situation and his special circumstances in order to protect the juvenile, correct his behavior and reintegrate him to the society.

The Juvenile circuit is composed of one judge, a prosecutor and a social worker, assisted by a secretary.

  1. Traffic Misdemeanors circuit: specialized in adjudicating traffic misdemeanors and violations based on the Federal Law No. 21 of the year 1995 and its amendments until 2007 regarding traffic and its ministerial decisions.
  2. Immigration and Nationality Misdemeanors circuit: specialized in adjudicating misdemeanors under Federal Law No. 29 of 2021.

5.One-Day Misdemeanors circuit: specialized in adjudicating minor lawsuits of misdemeanors and violations based on the Law of Criminal Procedure with the aim of shortening time and effort and facilitating litigation procedures in this type of crime without prejudice to the guarantees and the right of the accused for defend.

C- Money Laundering circuits: Specialized in trial of money laundering crimes that are punishable as per Law No. 18 of 2020 regarding the criminalization of money laundering and are divided into:

1.Money Laundering Misdemeanors circuits: consists of one judge in addition to a prosecutor assisted by a secretary; specialized in examining misdemeanors related to money laundering in general and punishable by imprisonment or fine, which may require an investigation from the court or the assignment of experts to invoke the truth.

2.Money Laundering Felonies circuits: consist of three judges in addition to a prosecutor assisted by a secretary; specialized in adjudicating felonies related to money laundering in general that are punishable by imprisonment and may require a court investigation or the assignment of experts to invoke the truth.