Bail Procedure

BAIL PROCEDURE

By this service, we provide you complete guidance and support in the procedure of getting released on bail upon being arrested. This service requires the case to be under investigation or under trial.

Bail is the legal procedure of giving temporary provisional release to the accused person in the criminal case by the financial deposit or Passport guarantee until the investigation is completed or court decision is taken. The bail procedure in UAE is quite common, and almost the same as in other countries.

Bail can be granted by:
– Police, prior to transferring the case to the Public Prosecution;
– Public Prosecution, prior to transferring the case to the court;
– Court, prior to issuing a judgment.

 

According to Article 111 of UAE Criminal Procedures Law, a bail option is mainly applicable to the minor crime cases, misdemeanors, such as, for example, on bounced cheque cases, and some other cases. But for more serious crimes like theft, murder or robbery, with a death penalty or jail sentence for life, a bail or release cannot be applicable at all.

Upon being arrested and prior to the transfer of the case to the court, the accused person or his/her lawyer, or his/her relative may submit the petition on bail release to the Public Prosecution. The Public Prosecution has the right to make such decisions during all the stages of the investigation.

A bail is mandatory to guarantee the appearance of the accused to the further court proceedings and prevent him from running away off the country. The guarantee may involve retaining the Passport of the accused, or his family members, or friends. Furthermore, financial bail can also be deposited as a guarantee, with or without the Passport, as per the Prosecutor or Judge decision.

Requirements to the Passport in order to be submitted as a bail guarantee:
– Passport must be valid;
– Visa must be valid.
It means, that the person on overstay cannot submit his own Passport as a personal guaranty on bail.

Upon obtaining the bail release, the accused will be given a so-called “qafala”, a bail document with the conditional bail provisions.

At the end, when the case is closed or dismissed, whether during the investigation process or after the transfer of the case to the court, the deposited financial guarantee shall be returned in full and the guarantor would be released from any undertaking he had signed.

Important to note, that the bail can be revoked even after it has been approved or executed. The bail would be canceled, in accordance with Article 115 of the Criminal Procedures Law, on one of the following reasons:
– If the accused breached the bail provisions, for example, if he did not attend the investigation or the appointed meeting requested by the Public Prosecution.
– New circumstances arose in the case that requires taking such measures, for example, if the accusation had been re-qualified to the other crime, that disables accused from bail release.

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