Q: There was a criminal complaint made against me and my husband and both of our passports were held by the public prosecution. After 8 months of investigations, the public prosecution has now only charged my husband and has released my passport. Can I open a case against the complainant for the harassment that I faced for 8 long months and mental trauma that I went through? My request for releasing my passport by substituting someone else's was also rejected 4 times without giving any reason within this period and I could not travel even though my child and my mom were unwell.

Q: Can the accused in a criminal complaint filed in Dubai, travel out of the UAE before the case is resolved?

Q: My brother in law is in jail for taking AED 12 million from his company and he is in jail (Abu Dhabi, UAE) under remand. I don't know whether he had taken the money or not, but his employer is saying he had taken it and given him a confession letter. I don't know about the confession they took. I had not seen him because it happened last week and I am not able to go and meet him as it is very far from my house and also I have no blood relation.  I need to take permit from the prosecution department. I trying to meet him by next week. Kindly advise me what I need to do. Also, advise me on: 1. Suppose the above thing has happened, how many years he needs to be in jail? 2. If it is a false case by the employer, how will we prove his innocence? 3. Will the court give a chance to him to prove he is innocent and how? Please note that he has no advocate. 4. I assume this will be a false case as the employer is saying he started doing so for the last three years. This company had every year annual audit and they did not find.

Q: Hi, I work in Dubai for six months on an unlimited contract. Then suddenly my employer cut my salary by AED 1000 for the two previous months. I filed a complaint with TASHEEL and transferred it to MOHRE. We already did face-to-face meeting but there's no conciliation. The Local transferred my case to Dubai court. Then my employer suddenly filed a case against me for the loss of money at the company. I already filed the labour case and there is no schedule for hearing between me and the employer. It is already 10 working days since I filed the labour case. What should I do next?

Q: Dear respected lawyers, A friend of mine, one of the accountants employed in a Company, has admitted to his Company of taking more than 300,000 AED over the past years by adjusting his net salary in the payroll file. The amount of adjustment is reflected in a hidden row in the payroll file. The payroll files he prepared were still approved by HR and accounting supervisors...etc. because they did not do a detailed review of individual payroll credits. The Company has now decided to do an investigation excluding him and came up with other amounts they claim he had also taken, but which he has refused. He is currently trying to negotiate with the Company to give him a chance to pay back the amount which is a valid claim while the Company is still considering whether to file a case in court or not. If the Company decides to file a case, what is the probable penalty he may face? Length of jail time and fines? While the Company is still considering, what can he do to avoid having the case filed in court?

Q: My company filed a theft criminal case against me in Abu Dhabi. I did not do anything. The police arrested me and kept me in custody for two days. After that, they held my passport then released me. Then after two months, my company closed the case, and 1 week before I got my passport back. Now, I want to cancel my visa. Does the cancellation process need any police clearance certificate or no need?

Q: How long can the police hold a passport (for inquiry) and travel ban without opening a case? The case is a breach of trust. Can you request the police to transfer the case to a public prosecutor since in my case the investigation is open for more than a month?

Q: Good day, I was hoping to get legal advice regarding my situation. Three of us in the company filed a labor complaint against the employer due to delayed and incomplete salary since May of 2020. The labor called our employer and agrees to settle our due within 10 days, however after that conversation, our boss sent us messages falsely accusing us of theft. He said that he has evidence but we are sure that this is just a threat as we didn't do anything wrong. On the day of settlement, as he promised, he never gave us anything, instead, he harassed us to sign the cancellation without getting our balance and threatened us that we will go to jail if we refuse. We know that this is what will happen because he did the same thing to other ex-employees who complained and those who ended contracts with him not getting anything because of that wrongful accusation. What should we do next? Shall we inform the labor regarding this or just file a case for defamation regarding his false allegation?

Q: A case for false charges of embezzlement has been in the public prosecution for months now. I have proved to them that I am innocent providing them with all proof. What is the next step?

Q: Before the conclusion of the criminal complaint in the public prosecution, can we file a civil case against the complainant to ascertain the complaint was lodged by the complainant on mala fides and bad faith to harm the defendant?

As the bilateral relations between India and the United Arab Emirates have witnessed a rapid growth in the recent past, and to further augment their strategic partnership, the Central Government of India has on January 17, 2020, declared the UAE to be a reciprocating territory for the purposes of Section 44A of the Code of Civil Procedure, 1908 (CPC).

Within the framework of judicial collaboration, India and the United Arab Emirates (UAE) entered into an agreement in October 1999 on juridical and judicial cooperation in civil and commercial matters for the service of summons, judicial documents, commissions, execution of judgements and arbitral awards (the 1999 Agreement).

This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.

The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.