Does the court of cassation review the evidence after the court of appeal in a misdemeanor case?

Dear H.,

The Court of Cassation in the UAE focuses solely on legal and procedural issues, not on re-examining facts or evidence.

Its role is to determine if the law was correctly applied by the lower courts.

Unlike the Court of Appeal, the Cassation Court does not review each piece of evidence but only addresses errors in legal interpretation or procedure.

A cassation case typically takes 6–12 months, depending on its complexity. To proceed, a formal memorandum highlighting any legal errors in the appellate judgment must be submitted within 30 days of the appellate decision.

Please share the judgment and case details via email and we will assist you with the cassation court process.

Best regards,

Mohammad Salah

Legal Consultant

When approaching the court of cassation after winning at lower levels, expect that this court will primarily focus on whether there was any misapplication or misunderstanding of the law rather than re-evaluating evidence as seen in appellate courts.

The process is largely document-based with no new evidence being introduced.

In the UAE, the Court of Cassation is the highest court in the judicial system. Its role is different from that of the Court of First Instance and the Court of Appeal.

The Court of Cassation does not conduct a retrial or re-examine the facts and evidence of the case in the same way as the Court of Appeal.

Its primary function is to ensure the correct application of the law by the lower courts. It examines whether there were any:

- Errors in interpreting or applying the law,

- Violations of procedural rules that could have affected the outcome of the case, and

- Inconsistencies with established legal principles or precedents.

The party appealing to the Court of Cassation (in this case, presumably the prosecution since you won in the lower courts) submits a memorandum outlining the specific legal errors they believe occurred in the lower court's judgment.

In the Court of Cassation, the judge will focus on whether there has been any misapplication of the law or procedural errors, rather than re-examining the evidence as in the Appeals Court.

Typically, the case in the Court of Cassation takes longer than in the Appeal Court, depending on the complexity of the case.

You can contact us via our office's WhatsApp, as we specialize in such matters and can provide you with the correct legal advice.

Dear Client,

Thanks for your question!

I hope you are doing well. I will assist you in this matter.

The Court of Cassation primarily reviews the application of law rather than re-evaluating evidence, focusing on legal errors or procedural irregularities from lower courts.

Proceedings typically take a few months, depending on case complexity and the court's workload. Its decision is final, concluding the judicial process for your misdemeanor case.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be happy to help you.

Thanks & Regards,

ABDUL WAHIED

Possible outcome:

Uphold: If the court finds that the previous ruling was correct.

Reversal: If the court finds a major legal error, it may send the case back to the Court of Appeal for further consideration.

If you need in-depth legal advice based on your case, please contact us by phone or WhatsApp.

Dear.

The Court of Cassation looks into the legal aspect of the ruling only, and it may examine the subject of the accusation if it is dealing with the case file for the second time.

This usually takes a month or two until the final ruling is issued.

Dear questioner

Appealing to the court of cassation is only possible if there are serious law points that were not considered and the court of cassation majorly focuses on the disputed matter that the lower courts had not addressed properly.

So the court can ask for the brief of the case along with the evidence towards the point of dispute.

If you need further clarification, kindly share your Whatsapp number.

Hello,

If a party (either the defendant or the prosecution) argues that there was a misapplication of the law or a procedural error, the court will examine this and decide if the lower courts made a mistake in interpreting or applying the law.

The cassation court may only overturn the lower court's judgment if there is a substantial legal error or violation of the law.

If no such error is found, the ruling of the Court of Appeal stands.

The Court of Cassation considers the case after confirming that it has been filed within the legal deadline specified by law, which is 30 days from the date of the appeal judgment.

The Court of Cassation only examines whether there has been any misapplication of the law.

The case can take a minimum of 3 to 6 months, but it may take longer depending on the number of cases.