أسئلة وأجوبة
How to fight a criminal appeal without traveling to the UAE due to an active arrest warrant?
Hello,
The judgment against my brother is two years in jail and deportation in Ajman. He has filed an appeal and will attend the hearing online.
Someone told him that any order involving jail and deportation requires the person to attend court in person. He is in Pakistan.
If the judge asks him to appear in court personally, how can he come? He will be arrested at the airport immediately. However, he wants to fight this criminal appeal case.
He can attend online via a link sent by the Ajman Criminal Appeal Court while staying in Pakistan.
How can we inform the judge that he cannot appear in person as he has been outside the UAE for more than six months and a new visa cannot be issued due to the case and arrest warrant against him?
Please guide us on how to get this appeal accepted without him coming to the UAE before the judgment.
Greetings,
In criminal cases involving jail and deportation, the court may require the defendant’s physical presence.
However, since your brother is outside the UAE and has been for more than six months, re-entering could be legally challenging due to the existing case and arrest warrant.
To address this:
His legal representative can formally request the court to proceed with the appeal without requiring his personal attendance, citing his travel restrictions and legal impediments.
Additional legal measures may be necessary to protect his rights and ensure fair proceedings.
To explore the best legal strategy and represent him effectively, book a consultation with us today.
Let us know how you’d like to proceed.
Dear Sir/Madam,
Thank you for reaching out regarding your brother's legal situation in Ajman!
I understand the complexity and sensitivity of this matter. Please allow me to provide a professional response based on current UAE legal practices:
1. Legal Requirements for Criminal Appeals:
Recent rulings by the UAE Court of Cassation have emphasized that for criminal cases involving imprisonment sentences, the physical presence of the appellant is typically required. This is under Article 238 of Federal Decree Law No. 38 of 2022.
2. Limitations of Virtual Appearances:
While the UAE has made advancements in virtual court proceedings, these are generally not applicable to cases involving imprisonment and deportation orders, especially at the appeal stage.
3. Challenges of Remote Participation:
The court is likely to insist on personal attendance to ensure prompt execution of judicial sentences and maintain the integrity of the legal process.
Given these circumstances, I would respectfully recommend the following course of action:
a. Legal Representation:
Engage a qualified criminal defense lawyer in Ajman immediately. They can provide case-specific advice and explore any possible legal avenues.
b. Official Communication with the Court:
Your brother's legal representative should formally communicate with the Ajman Criminal Appeal Court regarding the impossibility of physical attendance due to the existing legal constraints.
c. Explore Exceptional Procedures:
While challenging, inquire through legal channels about any potential mechanisms for hearing the appeal under special circumstances.
d. Risk Assessment:
Be aware that attempting to enter the UAE with an outstanding arrest warrant carries significant legal risks and is not advisable without proper legal guidance.
Given the complexity of this situation, it is crucial to seek professional legal counsel in Ajman. They can provide a comprehensive understanding of your options within the framework of UAE law and potentially negotiate with the judicial authorities on your brother's behalf.
If you require any further clarification or assistance, please do not hesitate to ask.
Respectfully,
Dear questioner,
The physical presence of the accused may be required in certain criminal cases, especially when the judgment includes imprisonment and deportation.
However, since your brother is outside the country and cannot return due to an arrest warrant, his lawyer can submit a formal request to the court to allow him to attend hearings remotely.
The lawyer should explain the circumstances to the court, including the impossibility of his entry due to the arrest order, and request permission for online attendance.
A legal memorandum supporting this request, based on relevant precedents if available, can also be submitted.
It is advisable to consult a criminal law expert in the UAE to ensure the request is properly filed and to maximize the chances of approval.
You can send us the documents related to your case for review, and we will respond to you more accurately. (Consultation and review are free of charge.)
Mohamed Salah Shoeib
Legal Consultant
