Tanazul in the UAE: Can a Complainant Withdraw a Criminal Case?

One of the most dangerous assumptions in UAE criminal practice is this:

“The complainant signed a tanazul, so the criminal case is finished.”

Sometimes that is correct. Sometimes the tanazul ends only part of the dispute. In other cases, it may have little or no effect on the Public Prosecution’s authority to continue proceedings.

The legal result depends on the offence, the wording of the waiver, the stage reached by the case and whether UAE law permits that particular prosecution to end through waiver or reconciliation.

What Does “Tanazul” Mean in the UAE?

The Arabic word tanazul — تنازل generally means a waiver, relinquishment or abandonment of a right.

In everyday UAE legal practice, people use “tanazul” to describe several different documents or procedures, including:

• Withdrawal or waiver of a criminal complaint;
• Criminal conciliation between the complainant and accused;
• Waiver of a compensation claim;
• A settlement acknowledging receipt of money;
• Waiver of both criminal and civil rights.

These are not necessarily the same thing.

A document titled “Tanazul” does not produce a particular legal result merely because of its title. The competent authority will examine the offence, the document’s language, the parties who signed it and the relevant provisions of UAE law.

A Complainant Does Not Control Every Criminal Case

Under the UAE Criminal Procedures Law, the Public Prosecution has exclusive authority to institute and prosecute criminal proceedings, except where legislation provides otherwise. A criminal action may be discontinued or stayed only in the circumstances permitted by law.

This distinction is fundamental. A crime is not always treated as a purely private dispute between the victim and the accused. Certain offences also affect public security, public order or the wider interests of society.

Accordingly, a private settlement does not automatically require the police, Public Prosecution or criminal court to close every case.

Tanazul in Complaint-Based Criminal Cases

Article 11 of Federal Decree-Law No. 38 of 2022 identifies offences for which criminal proceedings generally require a complaint from the victim or a specially authorised representative.

These include, subject to the statutory conditions:

• Theft, fraud, breach of trust and concealment of related property where the victim is the perpetrator’s spouse, ascendant or descendant;
• Unlawfully withholding a child from the person entitled to custody;
• Failure to pay court-awarded maintenance, custody, breastfeeding or housing amounts;
• Insult and slander; and
• Other offences that legislation expressly makes complaint-based.

For these complaint-based offences, the complaint generally must be submitted within three months from the date on which the victim became aware of both the crime and its perpetrator, unless another law provides differently.

Effect of Waiving the Complaint

Article 17 provides that the person who filed a complaint concerning an Article 11 offence may waive it before a final judgment. Where the legal requirements are satisfied, the waiver terminates the criminal action.

The law also addresses cases involving multiple parties:

• Where several victims have filed the complaint, the waiver generally becomes effective only when made by all such complainants.
• Where there are several accused persons, waiver in favour of one may extend to the others.
• If the victim dies after filing the complaint, the right to waive passes to all the victim’s heirs.
• Where the waiver is submitted after the judgment becomes final, the Public Prosecution may order a stay of execution and release of the convicted person.

These consequences apply within the statutory category of complaint-based offences. They should not be treated as a universal rule for every criminal prosecution.

Tanazul and Criminal Conciliation Are Not Identical

The UAE Criminal Procedures Law also contains a broader mechanism called Criminal Conciliation.

Under Articles 348 and 349, criminal conciliation may apply to specified misdemeanours and infractions listed by reference to the Crimes and Penalties Law, as well as other offences for which legislation expressly permits termination through conciliation or waiver.

This means that the correct legal question is not simply:

“Has the complainant signed a waiver?”

The correct questions are:

“Is this offence legally capable of being terminated by waiver or conciliation, and has the required procedure been completed before the competent authority?”

How Criminal Conciliation Is Recorded

Article 350 allows criminal conciliation to be established before the Public Prosecution or the competent court.

Depending on the circumstances, it may be documented through:

• A conciliation record signed by the parties and approved by the prosecutor; or
• A duly notarised document signed by the victim, the victim’s heirs or a representative holding the required special power of attorney.

Criminal conciliation may be completed at different stages of the proceedings, including after a judgment or criminal order has become final. Once the prosecutor has approved the conciliation, the parties ordinarily cannot retract their acceptance, and the approved record has the force of an executable instrument.

A privately signed paper that has not been properly presented, verified or approved should therefore not be assumed to have closed the official criminal file.

Can Tanazul Be Signed After a Conviction?

Potentially, yes—but only where the offence is one for which waiver or criminal conciliation is legally recognised.

Article 357 provides that an approved conciliation may:

• Terminate the criminal action; or
• Stay the execution of the judgment, depending on when it is completed.

Where conciliation takes place after a criminal judgment or criminal order becomes final, the Public Prosecution may order a stay of execution.

This is not the same as saying that every final conviction can be erased by obtaining the complainant’s signature. The legal classification of the offence remains decisive.

Does Tanazul Also Waive Compensation?

Not necessarily.

Article 358 states that criminal conciliation does not automatically extinguish the victim’s civil rights or prevent the victim from claiming final compensation before the civil courts—unless those civil rights were expressly waived or were included in the conciliation agreement.

This is where poor drafting causes serious disputes.

Consider the difference between these statements:

“I waive the criminal complaint.”

and:

“I waive all criminal and civil rights, claims, compensation, interest, costs and proceedings arising from the incident.”

The second clause is substantially broader. A complainant who signs it without advice may unintentionally surrender a valuable compensation claim. Conversely, an accused who pays a settlement without securing a clear civil release may later face a separate damages action.

A properly prepared settlement should state precisely:

• Whether the criminal complaint is being waived;
• Whether compensation has been paid;
• Whether the payment represents full and final settlement;
• Whether civil claims are preserved or released;
• Whether property must be returned;
• Whether any further obligations remain;
• Who bears legal fees and related expenses; and
• Whether the agreement requires approval by the Public Prosecution or court.

What Happens When Settlement Payments Are Not Completed?

Parties sometimes agree that the complainant will sign a tanazul in exchange for repayment, compensation or performance of another obligation.

This arrangement must be structured carefully.

Under the criminal-mediation provisions, an agreement may specify the defendant’s obligations and the time allowed for performance. If the defendant fails to perform those obligations, the competent prosecutor may decide to reinstitute and continue the criminal proceedings.

A complainant should therefore avoid issuing an unconditional, comprehensive waiver before receiving the agreed consideration unless adequate legal protection is in place.

An accused should likewise avoid making undocumented payments. Every payment should be traceable and expressly connected to the settlement, complaint number and agreed release.

When Tanazul May Not End the Case

A waiver may fail to terminate proceedings where:

1. The offence is not legally capable of being terminated by private waiver or conciliation.
2. The person signing is not the lawful complainant, heir or properly authorised representative.
3. There are several complainants and the required parties have not all waived.
4. The document does not clearly identify the incident or criminal file.
5. The necessary approval or formal recording before the Public Prosecution or court has not occurred.
6. The settlement addresses civil compensation but not the criminal complaint—or the reverse.
7. The incident includes additional charges that are not covered by the waiver.
8. The alleged conduct affects public rights that remain prosecutable despite the private settlement.

In mixed-charge cases, a tanazul may terminate one accusation while other charges continue.

Practical Steps for Making a Tanazul in Dubai

Before signing or submitting a tanazul, the parties should take the following steps.

1. Identify the exact charge

Do not rely only on the complainant’s description of the incident. Obtain the police complaint number, prosecution number and formal legal classification of the charge.

2. Confirm whether the offence is waivable

The relevant provision of the Criminal Procedures Law, Crimes and Penalties Law or applicable special legislation must be examined.

3. Identify the case stage

Determine whether the matter is:

• Still with Dubai Police;
• Under investigation by Dubai Public Prosecution;
• Before the Court of First Instance;
• Under appeal or cassation; or
• At the execution stage following a final judgment.

The correct authority and procedure may vary according to the stage.

4. Use precise settlement language

The document should separately address the criminal complaint, financial settlement, civil compensation and any continuing obligations.

5. Obtain proper authority

Where a lawyer or another representative will sign or complete the conciliation, the power of attorney should expressly authorise criminal waiver, settlement and conciliation where required by law.

6. Record the waiver officially

The tanazul should be submitted and formally recorded before the competent Public Prosecution or court. A notarised instrument may be required or useful depending on the procedure.

7. Obtain confirmation of the legal result

Do not assume that signing the document has automatically cancelled the case, arrest order, sentence or other enforcement measure. Obtain confirmation from the competent authority concerning the status of the proceedings.

Frequently Asked Questions