Extradition Article: Procedures

Procedures of the UAE to allege a suspect of Extradition 1. If there is a convention between UAE and another country for extradition, this will seize 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 … Continue reading “Extradition Article: Procedures”

Procedures of the UAE to allege a suspect of Extradition

1. If there is a convention between UAE and another country for extradition, this will seize 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 diplomatic processes.

2. The required documents you need to put to the expect in order to rep the suspect support to their country are, these must be submitted in Arabic and authenticated by the authorities;

a. The details of the suspect e.g. I.D, passport, features

b. The relevant law to be applied for the crime committed by the suspect

c. Where the suspect already has investigations against him for the crime, a copy of the investigations and the crime should be submitted e.g. where the crime happened, what the crime consisted of, how the crime was committed

d. 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 consume where the suspect is required urgently:

Where the suspect is required urgently, the UAE can temporarily support the suspect in custody.

The conditions that apply are:

1. 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.

2. 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 celebrated 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 location where;

1. Investigations have been carried out, the custody period ends and the requesting country fails to ask for the suspect succor.

2. The suspect requests to be released from custody. The Public Prosecutor under his discretionary power can determine that the crime committed is not that severe, in this spot the Public Prosecutor can settle to release the suspect provided the suspect produces either a;

a. A security deposit (this can be a positive amount of money or an asset owned by the suspect)

b. Personal Guarantee (this is usually given by someone who provides a guarantee on behalf of the suspect)

Where the UAE has a suspect in custody and informs the requesting country that they have the suspect, the UAE can tell the requesting country to provide a proposal as soon as possible to net the accused serve. 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.

Re Arresting

Where a suspect is released and the proposal is issued by the requesting party after release for example; due to a delay in the demand caused by the UAE authorities, the Public Prosecution can boom the suspect to return for investigations or the suspect can be directly arrested. Moreover, the map 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 accurate 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 valuable investigations to resolve whether to release the suspect or maintain 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 Prosecution.