Questions & Answers
Can the Public Prosecution appeal a judgment on its own or only at the victim's request?
Dear Lawyers,
Once the judgment is issued in the Court of First Instance in the Misdemeanor Court, does the Public Prosecution appeal on its own, or does the opposing party (victim) request them to appeal on their behalf?
Additionally, in cases where there is no victim, can the Public Prosecution still appeal the judgment if it is in our favor?
Thank you for your inquiry regarding the appeal process in misdemeanor court!
Once a judgment is issued in the court of first instance, it is generally up to the public prosecution to decide whether to appeal, particularly in cases where the prosecution represents the state’s interest.
In some instances, if the victim feels that the judgment is unjust, they can request the public prosecution to file an appeal on their behalf.
However, the decision ultimately rests with the public prosecution based on their assessment of the case.
Regarding your second question, if there is no victim, the public prosecution may still appeal the judgment, even if the verdict is in your favor.
This could happen if the prosecution believes that the ruling was incorrect or contrary to the law.
In such cases, the public prosecution can file an appeal to seek a different outcome, as they are responsible for upholding justice and the rule of law.
If you are facing this situation and need assistance with understanding or challenging any potential appeals, I would be happy to discuss your case further.
Please feel free to reach out to me directly via WhatsApp at [---------] or email me at [---------] to arrange a consultation.
Looking forward to assisting you!
Best regards,
Suhail Rana
In misdemeanor cases in the UAE, the Public Prosecution has the authority to appeal a court of first instance judgment, regardless of whether the victim appeals or not.
The Public Prosecution can initiate an appeal if they believe the court's decision is incorrect, either in terms of the legal interpretation or the application of the law to the specific facts of the case.
Even in cases where there is no identifiable victim (e.g., some environmental offenses), the Public Prosecution can still appeal if they believe the court's judgment is not in line with the law.
If you need further clarification, you may ask us.
Under UAE law, the public prosecution can appeal the judgment on its own if the ruling in the first instance court does not align with the law or general guidelines, even if there is no victim or the case does not involve an affected party.
If there is a victim, they can also request the public prosecution to appeal on their behalf.
If the judgment is in your favor, it is unlikely that the public prosecution will appeal against you, unless there is a strong legal basis for an appeal.
For precise legal advice on this matter, you can contact us via WhatsApp. We specialize in these cases and are happy to assist you.
