Questions & Answers
Appeal court set a judgment date. Will the judge finally review my defense or repeat the first ruling?
Hello,
There was a criminal order against my wife and me in Ajman for two years, along with a hefty fine and deportation. We appealed, and today was the hearing for the appeal.
The judge did not listen to us verbally; he simply stated that we had submitted our defense paper. We confirmed this, but I told him that the previous judge had not read our defense paper and requested that he read it this time.
He scheduled a ruling date for next month. What should I expect in the appeal court? Will the judge review my defense paper or ignore it like the first-instance court and issue a similar judgment?
If the appeal court reviews our defense paper, we should receive full acquittal. I would appreciate detailed replies on all possible outcomes, what the judges might do, and what to expect next.
Hello,
The judge has to read your defense, or he will make a mistake in the judgment. In that case, you can object again.
You still have a chance if you don’t win the case. It would be better to hire a lawyer to continue the procedures, especially in the final step.
Dear Inquirer,
Thank you for reaching out to us!
In the appeal stage, the court primarily reviews the case based on the submitted defense and legal arguments.
Since the judge has acknowledged receiving your defense paper and set a ruling date, this indicates that the court will consider the documents before making a decision.
Unlike the first instance court, appeal judges focus on procedural errors, misinterpretations of law, and overlooked evidence.
While there is no guarantee that the court will fully reconsider your defense arguments, a well-prepared and legally sound submission increases the chances of a favorable outcome.
If your defense strongly challenges the initial ruling, the possibility of an acquittal remains. However, the appeal court may also uphold or slightly modify the judgment.
To maximize your chances of success, we highly recommend seeking professional legal assistance to ensure your arguments are presented effectively.
Our expert legal team is available to review your case thoroughly and provide strategic guidance.
Feel free to contact us or book a consultation through our website for detailed legal support.
Best regards,
Dear questioner,
In the UAE Court of Appeal, the judge is required to review all submitted documents and evidence. If the defense memorandum has been properly filed, it will be considered.
The Court of Appeal has the authority to amend or overturn the judgment issued by the first-instance court if there were legal errors or a failure to consider the submitted evidence.
We recommend appointing a specialized lawyer to follow up on your case and ensure a strong defense. Contact us for expert legal consultation.
Mohamed Salah Shoeib
Legal Consultant
Dear Sir/Madam,
Thank you for sharing the details of your case!
I understand the seriousness of your situation and the uncertainty surrounding the appeal process. Below is a detailed explanation of what you can expect during the appeal hearing and the possible outcomes.
1. The Role of the Appeal Court
The Court of Appeal is tasked with reviewing the judgment issued by the Court of First Instance. It examines both factual and legal aspects of the case to determine whether there were errors in the application of the law or procedural irregularities that affected the original judgment.
The following points are relevant to your case:
- The appeal court reviews all documents, including defense memoranda, evidence, and arguments submitted by both parties.
- Judges in the appeal court are not obligated to listen to verbal arguments unless they find it necessary. Written submissions (defense papers) are typically prioritized.
2. What You Can Expect
Based on UAE legal procedures, here is what may happen next:
a. Review of Defense Papers:
The appeal court judge will review your defense papers before issuing a judgment. If you have raised valid legal arguments or presented new evidence that was overlooked by the lower court, this could lead to a favorable outcome.
Unlike the Court of First Instance, appeal judges are more focused on identifying procedural errors or misapplications of law.
b. Judgment Date:
The "hukam date" set for next month indicates that the judges will deliberate on your case and issue their decision on that date.
During this time, they will review all submitted documents, including your defense memorandum.
3. Possible Outcomes:
- Full Acquittal: If the court finds that your defense papers present strong evidence or legal arguments proving your innocence or procedural errors in the first judgment, it may overturn the previous ruling and acquit you.
- Reduction in Sentence: If acquittal is not granted but mitigating factors are identified (e.g., insufficient evidence or lesser culpability), the court may reduce your sentence or fine.
- Upholding of Judgment: If the appeal court finds no merit in your defense or determines that procedural errors did not affect the outcome, it may uphold the original judgment.
- Referral Back to First Instance Court: In rare cases, if significant procedural errors are identified, the appeal court may refer the case back to the Court of First Instance for retrial.
3. Factors Influencing Appeal Outcomes
Several factors can impact how judges decide on your appeal:
- Strength of Defense Papers: Ensure that your defense memorandum clearly outlines any procedural errors, lack of evidence, or misapplication of law in the initial judgment.
- New Evidence: If you have presented new evidence that was not available during the first trial, this could significantly influence the outcome.
- Procedural Compliance: The appeal process must comply with UAE Criminal Procedural Law (Federal Decree -Law No. (38) of 2022 Promulgating the Criminal Procedures Law). If any procedural irregularities occurred during your initial trial, these could work in your favor.
4. Recommendations
To maximize your chances of a favorable outcome:
1. Ensure Comprehensive Defense Papers:
- Confirm that your defense memorandum is thorough and addresses all relevant legal and factual issues.
- Highlight any procedural errors or overlooked evidence from the initial trial.
2. Engage Your Lawyer:
Work closely with a lawyer experienced in UAE criminal appeals to ensure all legal arguments are properly presented.
Your lawyer can also request clarification from the court if there are concerns about whether your defense papers were reviewed.
3. Prepare for All Scenarios:
While you hope for full acquittal, be prepared for alternative outcomes such as sentence reduction or referral back to a lower court.
4. Follow Up with Court Administration:
Confirm with court officials that all documents have been submitted and included in your case file for review by the judges.
5. Final Thoughts
The appellate process is designed to provide a fair review of judgments issued by lower courts. While verbal arguments may not always be entertained, written submissions carry significant weight in influencing appellate decisions.
Given that you believe your defense papers strongly support full acquittal, there is reason to remain optimistic about a favorable outcome.
If you require further assistance or clarification regarding legal representation or the next steps, please do not hesitate to reach out.
Best regards,
Abdul Wahied
Since the judge at the appeal hearing did not hear your oral defense and merely noted that a defense document had been submitted, this means that the court will review the submitted documents and issue its ruling based on them.
If the appeal court reads your defense document and takes it into consideration, there may be a possibility of changing the sentence or acquitting you of the charge.
However, if the previous sentence is upheld, you will have to await the final decision, which may include implementing the sentence or taking other measures, such as deportation.
It is best to follow up with a specialized lawyer to monitor the developments of the case and ensure that all possible legal steps are taken.
For assistance, please contact us by phone or WhatsApp at [------------].
