The Authority of the Public Prosecution in UAE Legislation to Conduct Investigations within the Framework of International Judicial Cooperation
DOI:
https://doi.org/10.35246/54mp0f49Keywords:
Public Prosecution Powers, Criminal Investigation Procedures, International Judicial Cooperation, Mechanisms for Combating Organized CrimeAbstract
This study aimed to clarify and detail the nature of the powers and jurisdiction of the Public Prosecution Authority in conducting investigative procedures within the framework of international judicial cooperation to combat organized crime. The jurisdiction and authority of the Public Prosecution extend beyond national borders, taking on an international dimension through collaboration with judicial authorities in other countries to confront transnational crimes and ensure that perpetrators do not evade justice for their criminal activities.
In this regard, the Public Prosecution exercises its power to investigate perpetrators of organized crime based on its original and inherent jurisdiction throughout all stages of criminal proceedings. These powers are affirmed by national legislation—such as the UAE Criminal Procedure Law and the Law on International Judicial Cooperation in Criminal Matters—as well as international instruments, most notably the United Nations Convention against Transnational Organized Crime.
This affirms the Public Prosecution’s capacity to follow up on legal assistance requests related to investigation and inquiry procedures within international cooperation. It further necessitates explicitly confirming the authority of the Public Prosecution to initiate investigative actions linked to international legal assistance, and granting it the exclusive right to receive and assess investigation requests without the involvement of any intermediary judicial authority—thus saving time and effort and enabling prompt action.
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References
First: The books:
I. Abdel Fattah Al-Jabara, Criminal Procedures in Investigation, Dar Al-Hamed for Publishing and Distribution, Jordan, 2014.
II. Adel Akroum, International Police Organization, Specialized in Crime, Organization as an Organized Mechanism of Organized Crime, New Alexandria University, 2013
III. Ahmed Arabi, Criminal Investigation, Dubai Police Academy, Dubai, 2021.
IV. Moqdad Munira, International Cooperation in Combating Organized Crime, Master’s Thesis, Mohamed Khider University of Biskra, Algeria, 2014.
V. Muhammad Al-Gharib, The Legal Status of the Public Prosecution: A Comparative Study, Dar Al-Fikr Al-Arabi, Egypt, 2021.
VI. Musab Nassar, The Legal Status of the Public Prosecution in Jordanian Legislation: A Comparative Study, PhD Thesis, University of Jordan, Jordan, 2014.
VII. Mustafa Al-Daghidi, Criminal Investigations and Evidence, Mustafa Al-Daghidi, Nas Printing Company, Egypt, 2004.
VIII. Saleh Nabeel, Money Laundering in Light of Organized Crime and its Repercussions, Alexandria, Maaref Establishment, 2006.
IX. Saleh Sayed, The Legal Status of the Public Prosecution: A Comparative Study, Master’s Thesis, University of Nilein, Sudan, 2019.
X. Yousef Al Sheikh, Criminal Investigation: Practical Applications, Sultan Qaboos Academy for Police Sciences, Sultanate of Oman, 2009.
Second: The Research:
i. Asia Dnaib, Judicial Cooperation to Combat Transnational Organized Crime and its Problems, Journal of Humanities, Issue (49), University of Mentouri, Algeria, 2018.
ii. Imam Khalil, International Judicial Cooperation to Combat Organized Crime: A Comparative Study between the International Convention against Transnational Organized Crime and Emirati Law, Strategic Visions Journal, Volume (3), Issue (9), Emirates Center for Strategic Studies and Research, Abu Dhabi, 2015.
iii. Mona Al-Wasmi, Standards Governing Public Prosecution Decisions in the Federal Legislation of the United Arab Emirates, University of Sharjah Journal of Legal Sciences, Volume (21), Issue (3), University of Sharjah, United Arab Emirates, 2024.
iv. - Solaf Salim, "Mutual Legal Assistance as a Mechanism to Combat Organized Crime," Journal of Judicial Reasoning, Volume (13), Special Issue, University of Mohamed Khider, Biskra, Algeria.
v. - Suleiman Muhammad, Mechanisms of International Judicial Cooperation to Combat Organized Crime, Journal of Legal and Economic Research, Issue (50), Menoufia University, Egypt, 2019.
vi. - Wael Al-Muslimani, "The Independence of the Public Prosecution: A Comparative Study between Egyptian and French Law," Journal of Contemporary Egypt, Volume (107), Issue (522), Egyptian Society for Political Economy, Statistics, and Legislation, Egypt, 2016.
Third: National and international legislation:
i. Federal Decree-Law No. (38) of 2022 promulgating the Code of Criminal Procedure.
ii. - Federal Law No. (39) of 2006 regarding international judicial cooperation in criminal matters.
iii. - United Nations Convention against Transnational Organized Crime of 2000, issued pursuant to United Nations General Assembly Resolution No. 55/25, dated November 15, 2000. It entered into force on September 29, 2003.
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