Somebody filed a complaint against me and is not answering calls. Can I request the police to close the case?

Dear Client,

Thanks for your question!

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

Given your situation, you have several options. First, formally request the police to close the case, citing lack of evidence and the complainant's unresponsiveness.

Alternatively, a petition to move the case to one-day court despite the complainant's non-cooperation. Consider hiring a lawyer specializing in UAE criminal law to navigate the system more effectively.

You might also file a counter-complaint for false accusations, but consult a lawyer before doing so. Request the return of your seized phone, given the extended period without progress.

Lastly, ask the police to attempt mediation again. Remember, verbal abuse cases in the UAE carry serious penalties, so handle the situation carefully, preferably with legal guidance.

You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.

Thank you,

ABDUL WAHIED

Greetings,

It seems that your case has been delayed due to the complainant's refusal to cooperate. Here’s what you can do:

Request for Closure: You can formally request the police to close the case, particularly if the complainant is not cooperating with the investigation.

One-Day Court Hearing: If the complainant continues to refuse to sign, the police may still proceed with the case by referring it to the one-day court, as recommended by the public prosecutor.

Legal Follow-up: You have the option to escalate the matter and formally request the court to proceed with your case.

Given the complexity of your situation, we highly recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy to discuss the next steps and protect your legal rights.

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

To contact us, you can call or WhatsApp.

According to UAE law, you can continue following up with the police to get updates on your case.

If there is continued delay in the proceedings, you may request that the case be referred to the one-day court.

If the complainant is uncooperative or not responding to calls, the police may take further action.

You can contact us via WhatsApp for legal advice tailored to your situation. We specialize in such cases and are ready to assist you.

Wishing you a pleasant day ahead,

Since the case has been stalled due to the complainant’s lack of response, you may formally request the police or public prosecutor to proceed with the one-day court hearing or close the case due to inaction.

If the complainant continues to be unresponsive, the authorities may eventually dismiss the case. You can also consult a lawyer to expedite the process and request the return of your phone.

The escalation was requested from the police due to the lack of cooperation of the plaintiff.

Follow up with the public prosecution to speed up the case or proceed in court despite the lack of cooperation of the plaintiff.

Consult a lawyer to request to move the case legally or file a complaint against the delay and we can help you with it

Mohamed from Badr Legal Consultants

Leave a contact number

Hello,

You can also approach the public prosecutor directly to inquire about the case status. If the complainant's lack of cooperation is causing the delay, the prosecutor might be able to push forward with a one-day court hearing regardless.

A prosecutor has the discretion to decide if the case can proceed without the complainant’s signature.

If the case moves to one-day court, it is typically a quick process, where the judge will review the evidence (or lack thereof).

In the absence of witnesses and direct evidence, the judge may dismiss the case.

The fact that there are no witnesses, and no direct evidence is a significant point in your favor. The WhatsApp messages being "open to interpretation" is also important.

The complainant's refusal to engage with the police is also a positive sign, but it doesn't guarantee the case will be dropped.

The Public Prosecutor has the discretion to pursue the case even if the complainant is uncooperative, though it's less likely.

They can also decide to drop the charges if they deem there's insufficient evidence.

We will discuss the possibilities in detail. Kindly share your WhatsApp number to discuss further about the procedures.

According to Article (43) of the Law on Defamation and Slander, which states:

"Anyone who defames or accuses someone of an act that would expose them to punishment or contempt by others, using an informational network, any means of information technology, or an informational system, shall be punished with imprisonment and a fine not less than 250,000 dirhams and not exceeding 500,000 dirhams, or by either of these penalties. If one of the actions mentioned in the first paragraph of this article is committed against a public servant or a person assigned to public service during or due to the performance of their duties, it is considered an aggravating circumstance for the crime."

If the action attributed to the client involves defamation or attributing a fact to them through the use of technological means or informational networks, it falls under the scope of Article (43) of the Law on Defamation and Slander.

According to this article, the individual who commits this act shall be punished with imprisonment and a fine ranging from 250,000 dirhams to 500,000 dirhams, or by either of these penalties.

If the act is committed against a public servant or a person assigned to public service during the performance of their duties, it will be considered an aggravating factor that enhances the penalty.

Addition of Article (67) regarding Settlement:

Article (67) of the Decree-Law states:

"The court or the public prosecution, as the case may be, may accept a settlement with the defendant in the crimes stipulated in Articles (13), (19), (24), (25), (26), (27), (28), (47), (48), (49), (50), (51), (52), (53) of this Decree-Law, as follows:

Settlement may be accepted before the referral of the criminal case to the court in exchange for paying an amount not less than half of the minimum fine and not exceeding half of the maximum fine for the crime.

Settlement may be accepted after the criminal case is referred to the court and before a final ruling is issued, in exchange for paying an amount not less than twice the minimum fine for the crime and not exceeding two-thirds of the maximum fine.

The settlement results in the dismissal of the criminal case, but it does not affect the rights of the victim of the crime, if applicable."

In light of this, the procedures undertaken so far might be related to the possibility of a settlement in this case.

According to Article (67), settlement is allowed in cases where the defendant can resolve the matter either before the case is referred to court or after referral but before a final ruling, by paying a specified amount of the fine.

Steps to Take in Your Case:

It is evident that there are complexities in your case, and the matter involves criminal law and the procedures involved.

Since the complainant has not agreed to settle and refuses to sign the notice for a one-day court hearing, it may be useful to consider the following steps:

Request to Close the Case: If the case has been transferred to the public prosecution and has been pending for over three months with no progress, you may try to speak with a lawyer to request that the case be closed due to the delay in proceedings and the lack of direct evidence or witnesses.

Request Immediate Trial: If the complainant continues to refuse communication with the police, you may discuss with your lawyer the possibility of requesting the court to move forward and conduct the trial in a one-day court without the complainant's consent.

Approach the Public Prosecution: Since the public prosecution had already sent the case with a recommendation for settlement or transfer to a one-day court, you can contact the public prosecution directly to inquire about the status of the case and request that it proceed to court if the complainant refuses to cooperate.

Hire a Lawyer: In such cases, your lawyer can file requests with the court to expedite the proceedings or close the case if there is an unreasonable delay in its progress.

Our Support for You:

We are fully prepared to provide the necessary support for your case. Please do not hesitate to contact us by phone for any inquiries or assistance in taking the appropriate legal steps

You cannot unilaterally close the case or force it into court without cooperation from the complainant, persistent communication with law enforcement and seeking legal counsel are crucial steps in navigating this situation effectively.

Thank you for reaching out with your inquiry. It seems that you're facing a challenging situation, but there are still ways to move forward.

From your description, it seems that the case is stuck due to the complainant’s refusal to cooperate.

However, the police have already transferred the case to the public prosecutor, who recommended either a settlement or proceeding to a one-day court hearing.

Since the complainant is not responding, it is reasonable to explore your options.

Police Follow-Up: While you have been following up weekly, it’s crucial to keep a formal record of all your interactions.

If the complainant continues to avoid cooperating, it might be helpful to escalate your request with the police, asking for a formal review of the case status and requesting closure due to the complainant's lack of cooperation.

Request for Court Hearing: Even if the complainant does not wish to settle, the public prosecutor may still proceed with the case if there is sufficient reason.

You cannot force the police or prosecutor to move forward without the complainant's cooperation, but you can request that the case be advanced to a one-day court hearing. This may speed up the process.

Legal Options: You may also explore legal recourse to have the case either closed or moved forward, depending on the circumstances.

If the police or prosecutor delays the case for an unreasonable amount of time, you could file a formal request to expedite the proceedings.

Given the complexities involved, I recommend scheduling a consultation to discuss your case in more detail. I can guide you through the next steps and help determine the best course of action to move forward.

Please reach out to me via WhatsApp or email to arrange a time for further discussion. I'm here to assist you and ensure the best possible outcome for your case.

Best regards,

Suhail Rana

Dear N.,

Thank you for reaching out with your concerns regarding the ongoing verbal abuse case. Based on the details you’ve provided, it appears that the case has been delayed due to the complainant's lack of cooperation. Below, I have outlined your available options:

1. Follow-up with the Police

You can continue following up with the police, as you have been, to check the status of the case. However, it’s important to understand that the case is largely dependent on the complainant's cooperation.

If the complainant continues to refuse to engage (e.g., not signing the notice for the one-day court hearing), the authorities may decide to close the case due to a lack of progress or sufficient evidence.

2. Requesting Closure of the Case

While it is possible to request that the police close the case due to the complainant’s lack of cooperation, the final decision will be made by the police and the public prosecutor.

If the complainant remains uncooperative, the police may close the case for insufficient evidence or lack of involvement from the complainant.

3. Moving the Case to Court

Since the public prosecutor has recommended moving the case to a one-day court hearing, it is possible that the case could proceed to court without the complainant's input if the complainant fails to respond or cooperate. The court may consider the available evidence and decide whether the case can proceed.

If the complainant’s absence continues, the court may dismiss the case if there is insufficient evidence to support the claim of verbal abuse.

If the case moves forward, it is essential to prepare a solid defense, especially given the limited evidence available (i.e., WhatsApp messages that may be open to interpretation).

4. Next Steps and Legal Advice

I recommend that you continue following up with the authorities, as the case could be closed or moved to court depending on the complainant's cooperation.

If the case proceeds to court, having a legal strategy in place to challenge the interpretation of the indirect WhatsApp messages will be crucial.

Should you need further legal support or assistance in defending your case, please do not hesitate to reach out. We can also guide you on any additional steps that can be taken to protect your interests.

Greetings,

Mohammed Salah

Legal Consultant