How to Clear a Criminal Case in Dubai: A Legal Guide in 2025
In the United Arab Emirates, particularly in Dubai, criminal proceedings are governed by a
combination of Federal Laws, including Federal Decree-Law No. 31 of 2021 (UAE Penal
Code) and Federal Law No. 35 of 1992 (Criminal Procedures Law). Clearing a criminal
case in Dubai is a structured legal process and must be approached with a deep
understanding of UAE’s criminal justice system.
This guide outlines the legal procedures, practical strategies, applicable laws, and
judicial options available to individuals or their legal representatives seeking to resolve or
clear criminal cases filed in Dubai. It is written for both legal professionals and clients
aiming to understand their options clearly and comprehensively.
Understanding What Constitutes a Criminal Case in Dubai
A criminal case is initiated when a complaint is registered against an individual (the
accused) for violating a provision of the UAE Penal Code or other related laws (e.g.,
Cybercrime Law, Narcotic Law, Commercial Transaction Law).
Categories of criminal cases include:
- Felonies: Major crimes (e.g., murder, drug trafficking, serious financial fraud)
- Misdemeanors: Lesser crimes (e.g., assault, theft under AED 50,000)
- Violations: Minor offenses (e.g., noise disturbance)
Criminal cases can be initiated through:
- Police complaints
- Reports by government bodies
- Public Prosecution investigations
- Private individual complaints (for compoundable crimes)
Legal Stages of a Criminal Case in Dubai
A criminal case typically progresses through the following phases:
1
Police Investigation
2
Public Prosecution
3
Criminal Court Trial
4
Appeal and Cassation
5
Execution Phase
Legal Methods to Clear a Criminal Case in Dubai
Clearing a criminal case refers to resolving, dismissing, defending against, or nullifying
a criminal complaint or judgment. Below are the most commonly used legal routes:
Withdrawal of Complaint (Article 10 – UAE Penal Code)
Many criminal complaints in Dubai are resolved when the complainant withdraws their
case, especially in:
- Defamation / insult cases
- Bounced cheques (Article 401 of Penal Code)
- Assault (non-aggravated)
- Minor theft or property damage
A formal withdrawal letter must be submitted to the police, prosecution, or court. If
accepted, the judge may dismiss the case under Article 10.
Note: In some offenses, withdrawal may not cancel public rights — especially in financial or narcotic cases.
Reconciliation or Settlement Agreements
This is a strategic resolution where the victim and accused reach a written settlement. This
is common in:
- Cheque cases
- Construction disputes involving criminal claims
- Commercial fraud or bounced payments
Courts in Dubai favor reconciliation when it serves public interest and reduces judicial
backlog.
Settlement may result in:
- Reduced sentence
- Full dismissal
- Suspension of prosecution
It must be submitted with proof of payment or agreement and signed by both parties.
Defense Strategy and Legal Memoranda
A legal team may clear a case by aggressively defending the client using:
- Lack of criminal intent (mens rea)
- Insufficient evidence
- Unlawful arrest or procedural error
- Conflict of jurisdiction
Legal memoranda are submitted to the court in Arabic, supported by:
- Evidence (emails, receipts, CCTV, expert reports)
- Witness affidavits
- Precedents from UAE case law
A successful defense can result in:
- Acquittal
- Case dismissal
- Conviction overturned on appeal
Appeal and Cassation
If a criminal judgment is issued and the client is convicted, it can be challenged within
strict deadlines:
- Appeal: within 15 days from judgment
- Cassation: within 30 days after appeal judgment
Appeals must cite legal error, wrongful conviction, disproportionate sentencing, or flawed
evidence. The Court of Appeal may:
- Reduce penalty
- Overturn the verdict
- Order retrial
Pardon or Amnesty
In rare cases, a pardon may be granted under Article 60 (Penal Code) if:
- The victim or heirs forgive the accused (in diya or qisas cases)
- A general amnesty is declared by the government (e.g., National Day pardons)
A pardon extinguishes the sentence, but not necessarily the conviction.
Post-Conviction Clearance
After completing the sentence, an individual may apply to:
- Dubai Police for a Certificate of Good Conduct
- Dubai Courts for expungement or record clearing (after 3-5 years depending on
the case)
This helps in employment, travel, or immigration-related matters.
Criminal Cases That Cannot Be Cleared Easily
Certain offenses are non-compoundable under UAE law and generally proceed regardless
of settlement:
- Drug trafficking or consumption
- National security crimes
- Cybercrimes against the state
- Sexual assault
- Domestic violence (if aggravated)
In such cases, only defense strategy or acquittal can resolve the case.
Required Documents to Clear or Defend a Criminal Case
- Emirates ID / Passport copy
- Case number and complaint copy
- Settlement documents (if applicable)
- Legal Power of Attorney (for representation)
- Evidence reports or expert opinions
- Court filings and memos (if already initiated)
Where to Take Action in Dubai
| Stage | Authority |
| Complaint Withdrawal | Dubai Police or Prosecution |
| Reconciliation | Dubai Public Prosecution / Court |
| Defense & Trial | Dubai Criminal Court |
| Appeal | Dubai Court of Appeal |
| Cassation | Dubai Court of Cassation |
| Record Clearance | Dubai Court Execution / Police |
Best Practices
- Act early: The sooner a Criminal lawyer is appointed, the more procedural rights can be
preserved. - Use written communication only: All settlements, withdrawals, and defense
points must be in writing and notarized where needed. - Always engage an experienced lawyer: Court-appointed defense may not match
the complexity of high-value or strategic cases. - Avoid informal settlements: Only court-accepted reconciliation or written waivers
are legally binding. - Track deadlines strictly: Missing an appeal or cassation window closes legal
remedies permanently.
Recent Court Trends in Dubai
- Judges increasingly consider digital evidence (WhatsApp chats, emails, CCTV)
- In real estate and cheque cases, courts prioritize settlement when possible
- Aggravated fraud, cybercrimes, and repeat offenses face harsh sentencing
- Courts allow language interpretation, but all official submissions must be in Arabic
Conclusion
Clearing a criminal case in Dubai is a legally structured, time-sensitive process. Depending
on the offense, available evidence, and strategy, cases may be dismissed, resolved
through reconciliation, won through legal defense, or reversed on appeal.
For best outcomes, clients should retain a licensed UAE lawyer, act quickly, and
understand that legal compliance, not shortcuts, is the safest way to protect their rights.
Frequently Asked Questions (FAQs)
Can a criminal case be withdrawn in Dubai if the victim agrees?
Yes. In Dubai, certain criminal cases like defamation, insult, bounced cheques, and minor assault can be withdrawn if the victim submits a formal withdrawal letter. However, serious offenses such as drug crimes or public interest cases cannot be dropped even with the victim’s consent.
What are the legal ways to clear a criminal case in Dubai?
A criminal case in Dubai can be cleared through victim withdrawal, out-of-court settlement, legal defense strategies, appeal or cassation, or applying for a pardon or post-conviction record clearance. Each option depends on the case type and applicable UAE laws.
Which criminal cases cannot be settled or withdrawn in Dubai?
Non-compoundable crimes in Dubai include drug trafficking, cybercrimes, national security offenses, aggravated sexual assault, and repeat serious offenses. These cases must proceed through court and cannot be resolved through private settlement or victim withdrawal.
How long does it take to clear a criminal record in Dubai?
In Dubai, a criminal record can be cleared after 3 to 5 years from the completion of the sentence. The individual can apply for a Certificate of Good Conduct or request expungement through Dubai Police or the courts, depending on the case.
What documents are needed to clear a criminal case in Dubai?
You need your Emirates ID or passport, case number, police report, Power of Attorney (if represented), any settlement agreements, and supporting evidence such as expert reports, witness statements, or court filings.
These are the legal guides for knowledge purposes. For more details, consult a lawyer.
Disclaimer:The opinions expressed in this blog are those of the respective authors. Our law firm does not endorse these opinions. While we make every effort to ensure the factual accuracy of the information provided in our blogs, inaccuracies may occur due to changes in the legislative landscape or human errors. It is important to note that our law firm does not assume any responsibility for actions taken based on the information presented in these blogs. We strongly recommend taking professional advise to ensure the best possible solution for your individual circumstances.
Comments (2)
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Mahin ahmed
July 7, 2025দুবাইতে ৩ টি ক্রিমিনাল মামলার জন্য একজন আইনজীবীকে সর্বচ্ছো কত টাকা দেওয়া লাগে? এবং মামলা নিষ্পত্তি করতে কতদিন সময় লাগে
Afsal rahman
July 8, 2025এটি বোঝা অত্যন্ত গুরুত্বপূর্ণ যে আইনি মামলাগুলির জন্য কোনো নির্দিষ্ট “সর্বোচ্চ” ফি বা নির্দিষ্ট সময়সীমা নেই। এর কারণগুলি হলো:
আইনজীবীর ফি: ফি বিভিন্ন কারণের উপর নির্ভর করে:
মামলার জটিলতা: আরও জটিল মামলাগুলির জন্য আরও বেশি কাজ এবং দক্ষতার প্রয়োজন হয়।
আইনজীবীর অভিজ্ঞতা এবং খ্যাতি: অত্যন্ত অভিজ্ঞ বা সুপরিচিত আইনজীবীরা সাধারণত বেশি ফি নেন।
মামলার সময়কাল: কিছু আইনজীবী ঘণ্টাপ্রতি চার্জ করেন, অন্যরা প্রতিটি ধাপের জন্য একটি নির্দিষ্ট ফি নেন, অথবা উভয়ই।
প্রয়োজনীয় নির্দিষ্ট পরিষেবা: এর মধ্যে কি তদন্ত, আদালতে উপস্থিতি, আপিল ইত্যাদি অন্তর্ভুক্ত আছে?”