When it comes to a murder case, the stakes are higher, and the legal procedures are complex. Articles 384 of the UAE Penal Code (Federal Decree-Law No. 31 of 2021) state as follows.
1- Any person who deliberately kills a human being shall be sentenced to life imprisonment.
2- The death penalty shall be imposed if the murder is committed with premeditation and deliberation, or if associated with or connected to another crime, or if the murder is committed against any of the ascendants of the criminal, or against a public official or a person assigned to a public service, during or by reason of or in the course of fulfillment of his duty or service, or if toxic or explosive material is used.
3- If, in any stage of the proceedings, the avengers of blood heir waive their right to retaliation “Qisas” or before the completion of enforcement, the penalty shall be temporary imprisonment for a period not less than seven (7) years.
The legal system in Dubai is based on a combination of Islamic law (Sharia) and civil law principles. While Sharia law plays a significant role, the UAE has established a well-structured legal framework to ensure fairness and adherence to human rights standards.
A murder case demands expert legal representation. Defendants have the right to legal counsel, and it’s crucial to engage a skilled attorney experienced in criminal defense. The attorney’s role is to protect the defendant’s rights, provide legal advice, and strategize the defense.
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Once an individual is suspected of murder, they may be arrested and detained pending investigation. The Dubai Police and other law enforcement agencies conduct a thorough investigation to gather evidence, interview witnesses, and build a case.
Bail is not guaranteed in murder cases and is subject to the court’s discretion. Pretrial detention can be lengthy, and the defense attorney may file a request for bail, presenting reasons why the defendant should be released before the trial.
The prosecution and defense exchange evidence before trial. The defense attorney may challenge the credibility of evidence, question witness statements, and seek to suppress any evidence obtained unlawfully.
Murder trials in Dubai are conducted in the local courts. The trial process involves presenting evidence, cross-examining witnesses, and making legal arguments. The court will determine the verdict based on the evidence presented and the application of relevant laws.
The defense attorney’s role is to build a compelling case that challenges the prosecution’s narrative.
Conclusion
A murder case in Dubai entails a meticulous legal process that balances the pursuit of justice with the protection of the defendant’s rights. Engaging a skilled defense attorney is paramount for navigating the complexities of the legal system, presenting a robust defense, and ensuring that the defendant receives a fair trial.
As Dubai continues to uphold its commitment to justice, the legal defense and procedure in murder cases remain a testament to the emirate’s dedication to a just and equitable legal system.
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