A criminal case in the UAE starts with a complaint at the police station in the area where the offense took place, and the police normally refer the file to the Public Prosecution within 48 hours. Only the Public Prosecution can bring charges. For most offenses it can act with or without the victim’s cooperation, and for a short list of offenses in Article 11 of Federal Decree-Law No. 38 of 2022 on Criminal Procedures it cannot act at all unless the victim complains within three months of learning of the crime and the perpetrator.

That three-month rule is narrower than almost every summary suggests, including the government’s own consumer-facing page. This guide sets out who can start a case, which offenses genuinely depend on a victim’s complaint, what happens in the first 48 hours after an arrest, how long the prosecution can hold someone and on what renewals, when withdrawing a complaint actually ends a case, how criminal conciliation and the newer criminal mediation route work, and how long the state has before a prosecution is time barred.

Who Actually Starts a Criminal Case

The Public Prosecution holds the exclusive authority to file criminal charges, initiate procedures, conduct investigations and follow a case through to final judgment. Filing a complaint at a police station is a request that this authority be exercised, not the commencement of a case in itself.

According to the UAE Government’s own page on criminal cases, criminal actions commence with filing a complaint with the local police in the jurisdiction where the offense was committed. The police take initial statements, arrest suspects where the law allows, conduct preliminary investigations and typically refer the matter to the prosecutor within 48 hours.

Article 12 of the Criminal Procedures Law adds a second and third route for the complaint itself. It may be filed with the Public Prosecution directly rather than through the police, and where the offense is in flagrante delicto it may be filed on the spot with whichever public authority personnel are present. For online offenses, the emirate-level electronic crime platforms described in the guide to reporting a scam through eCrime feed into the same prosecution channel.

The Offenses That Genuinely Need a Victim’s Complaint

Article 11 lists five categories where no criminal action may be instituted without a complaint from the victim, their representative or an attorney holding a special power of attorney. The first category is much narrower than commonly reported: theft, fraud and breach of trust require a complaint only where the victim is the spouse, ascendant or descendant of the perpetrator.

This distinction matters enormously in practice. A person defrauded by a business partner cannot stop the case by withdrawing, because that fraud was never complaint-dependent to begin with. A person defrauded by their own parent or child is in a different position entirely.

Category under Article 11 Condition
Theft, fraud, breach of trust, and concealment of items obtained from them Only where the victim is the spouse, ascendant or descendant of the perpetrator, and the items are not judicially or administratively attached or encumbered with a third party right
Refusing to hand over a child to the person with custody, and taking a child away from the custodian or guardian No further condition
Failure to pay alimony, custodial or breastfeeding fees, or housing costs awarded by a court The amount must have been awarded by the court
Insult and slander of people No further condition
Other criminal offenses defined in the law as complaint-based Depends on the specific statute

The three-month deadline attaches to this list and to nothing else. Article 11 ends: “The complaint shall not be admitted after [3] three months following the date on which the victim becomes aware of the crime and its perpetrator, unless the law stipulates otherwise.” The clock starts from knowledge of both the crime and who committed it, not from the date of the act.

Two mechanical rules soften the list. Under Article 13, where several people were victims of the same offense, a complaint by one of them is legally sufficient, and a complaint filed against one of several accused is treated as filed against all of them. Under Article 14, where the victim is under fifteen or has a mental disability, the complaint is filed by their legal guardian, and where the crime concerns property it may be filed by a trustee or curator.

The exception during a court hearing

Article 20 removes the complaint requirement entirely for a crime committed during a court hearing. The court records it, may order the accused arrested, and turns the matter over to the Public Prosecution. In that situation “instituting the criminal action shall not depend on a complaint if the crime is among the criminal offenses for which the law requires a complaint to be filed.”

The First 48 Hours After an Arrest

A judicial police officer must inform an arrested person of the charge and of their right to remain silent, and send them to the competent Public Prosecution within 48 hours. The prosecution must then question them within 24 hours and order either detention or release.

The Criminal Procedures Law states both limbs in a single provision, and the second is the more important one. The 24-hour questioning obligation is what converts an arrest into a documented decision. Where an arrested person has not yet been questioned, the law requires that they be held in a designated detention place for no more than 24 hours, after which the person in charge of the detention center must send them to the Public Prosecution, which shall either question them immediately or order their release.

Article 106 preserves access to counsel even where the investigation requires isolation. The prosecutor may issue an order barring communication, but that order is expressly “without prejudice to the right of the Accused to have contact with his attorney in private at all times.”

How Long the Prosecution Can Hold Someone

A detention order from the Public Prosecution lasts 7 days and can be renewed once for up to 14 days. Beyond that, only a judge of the criminal court can extend detention, in renewable periods of up to 30 days, after reviewing the file and hearing the accused.

Article 103 sets the precondition: the prosecutor may order detention only after questioning the accused, only where there is sufficient evidence of a felony or misdemeanor, and only where the offense is punishable by something other than a fine. An offense carrying a fine alone does not support pre-trial detention.

Stage Maximum period Who decides
Police custody before referral 48 hours Judicial police officer
Before questioning by the prosecution 24 hours Public Prosecution
First detention order 7 days Public Prosecution (Art. 107.1)
Renewal Up to a further 14 days Public Prosecution (Art. 107.1)
Further extension Renewable periods of up to 30 days Judge of the competent criminal court (Art. 107.2)

Article 107(3) gives the accused three days from being notified, or from becoming aware, to file a grievance with the chief justice of the court against an extension order issued in their absence. Three days is short, and it runs whether or not a lawyer has been appointed, which is the practical reason families are advised to engage a licensed UAE lawyer in the first days rather than waiting for a hearing date.

Bail, Travel Bans and Release

Article 99 gives the prosecutor three instruments according to the circumstances: a notice to appear, an arrest warrant, or an order banning the accused from travel. A travel ban in a criminal investigation is therefore a prosecutorial measure, distinct from the civil debt-based travel ban that a creditor can obtain, and the guide to checking your travel ban status online covers how to establish which type you are facing.

Under Article 109 an accused may be released on a personal guarantee, on a bail bond, or with a travel ban, and the prosecution or the judge sets the amount. Article 110 allows the bail to be paid by the accused or by any third party into the court treasury, or to take the form of an undertaking by a solvent person, which is then recorded and “shall have the force of a Writ of Execution.”

Article 111 sets out what happens to the money. If the accused fails without acceptable excuse to meet the obligations, the bail becomes government property with no court judgment needed. If the case is dropped or the accused is acquitted, the bail is refunded in full. The court may also order partial refund or release the guarantor at any stage. Under Article 108, release for an offense punishable by death or life imprisonment requires the approval of the Attorney General or a deputy.

Release is not permanent. Article 112 allows a new arrest warrant against the same accused whenever the evidence strengthens, if they fail to meet the conditions imposed, or if circumstances otherwise require it.

Withdrawing a Complaint, and When It Ends the Case

For the offenses listed in Article 11, the complainant may waive the complaint at any time before a final judgment, and the criminal action terminates by that waiver. Where there are several victims, the waiver is only effective if all of them make it. Where there are several accused, waiving against one has effect for all.

Article 17 also deals with the case that surprises people most. If the waiver is made after judgment has become final, the Public Prosecution “shall order a stay of execution of the penalty and shall release the convict.” And if the victim dies after filing, the right to waive passes to all of their heirs.

Outside the Article 11 list, withdrawal has no automatic legal effect. The prosecution may take a victim’s changed position into account, but the case belongs to the state. This is the single most common misunderstanding in UAE criminal matters, and it is why an agreement to settle in exchange for a withdrawn complaint should never be treated as a guarantee that a case will end.

Conciliation and Criminal Mediation

Criminal conciliation is available for a defined list of misdemeanors and infractions identified by article number in the Penal Code, plus any other offense that the law says ends on conciliation or waiver. It can be established before the Public Prosecution or the court, at any stage of litigation, and Article 350 allows it “even after the judgment or the criminal order becomes final.”

Article 349 does not describe the qualifying offenses in words. It lists them as Penal Code articles: 382 paragraph 1, 390, 394, 403, 404, 425, 426, 427, 431, 432 paragraph 1, 433, 447, 453, 454, 455, 464 paragraph 1, 465 paragraph 1, 467, 468, 473 and 474. Whether a particular incident qualifies is therefore a question of which article the prosecution has charged, not of how serious it feels.

Article 350 sets two ways to establish it. The victim, their representative, their attorney under a special power of attorney, or their heirs may record the conciliation directly before the prosecution or the court. Alternatively the defendant may produce an instrument attested by the competent notary and signed by the victim or their heirs. If a special power of attorney is being used, the UAE power of attorney process has to be completed correctly or the conciliation will not be accepted.

Criminal mediation, the newer route

Article 352 introduced a mechanism that has no equivalent in the previous law. For offenses that terminate on conciliation or waiver, and before the case is transferred to the criminal court, the Public Prosecution may conduct criminal mediation between the defendant and the victim through a neutral third-party mediator under its supervision. It can do so on its own initiative with both parties’ consent, or at their request, where it is convinced the measure would compensate the victim’s damage or end the effects of the offense.

The decision transferring a case to mediation must state the duration, which “shall not exceed one month of the date of notifying the mediator of the task,” renewable once for a similar period at the mediator’s request on reasonable grounds. That two-month outer limit is the practical planning number for anyone considering the route.

How Long the State Has to Prosecute

Under Article 21(2), and setting aside offenses of Qisas and Diyya and felonies punishable by death or life imprisonment, criminal action is time barred after 20 years for other felonies, 5 years for misdemeanors and 1 year for infractions, running from the day the crime occurred.

The UAE Government’s own criminal cases page gives a different set of figures: 20 years for death-sentence felonies, 10 years for other felonies, 3 years for misdemeanors and 1 year for violations. Those numbers do not match the current decree-law, and this guide follows the decree-law. Anyone relying on a limitation argument should have it checked against the Arabic text of Article 21 rather than on either summary.

Article 21(3) closes off an argument that is often attempted: “The running limitation period of criminal actions shall not be suspended for any reason whatsoever.” Article 22 does allow interruption, which is different. Investigation, accusation, trial, criminal conciliation, plea bargaining and fact-finding procedures all interrupt the period if performed against the accused or officially notified to them, and the period then restarts from the last such procedure. Where there are several accused, interruption against one interrupts for all.

Article 21(1) also lists what ends a criminal action outright: the death of the accused, a final judgment or conclusive criminal order, conciliation or waiver by the party entitled to make it, pardon, or repeal of the law under which the act was punishable.

The Civil Claim Inside the Criminal Case

Article 23 allows a person who has sustained direct personal harm from a crime to bring a civil action against the accused within the criminal proceedings rather than starting a separate lawsuit. For a victim, this is usually the cheapest route to compensation, because it uses the criminal court’s findings rather than re-proving them.

It is not always the fastest. A civil claim that is straightforward on its own facts, such as an unpaid invoice, often moves quicker through the ordinary courts, and the guide to recovering unpaid invoices through the UAE courts sets out that alternative. Where the two systems differ most is in what has to be proved: a criminal fraud charge requires intent, while a civil debt claim does not.

Practical Points for Expats

Three procedural realities catch foreign residents out repeatedly.

The first is language. Court proceedings are conducted in Arabic, and documents submitted in support of a complaint generally require certified translation, which the guide to legal translation requirements in the UAE covers. Filing without translated evidence usually means the file waits.

The second is representation. Article 15 provides that where the interest of the victim conflicts with the interest of their attorney, or where the victim has no attorney, the Public Prosecution represents the victim. That is a safeguard, not a substitute for independent advice, and it does not extend to an accused person.

The third is exit. An open criminal file, a travel ban under Article 99 or bail conditions can all prevent departure, and none of them is visible on a residence visa. A criminal record check for other purposes runs through a different process altogether, set out in the guide to the UAE police clearance certificate. Where a case ends in conviction, the immigration consequences are covered separately in the guide to deportation and entry bans in the UAE.

Frequently Asked Questions

How do I file a criminal complaint in the UAE?

Attend the police station in the jurisdiction where the offense took place and give a statement, or file directly with the Public Prosecution under Article 12. In flagrante delicto cases the complaint may be made on the spot to whichever public authority personnel are present. Many emirates also operate electronic platforms for cybercrime reports, which route into the same prosecution channel.

Is there a time limit to file a complaint in the UAE?

For the offenses listed in Article 11 of Federal Decree-Law No. 38 of 2022, the complaint is inadmissible more than three months after the victim becomes aware of both the crime and its perpetrator. For all other offenses there is no complaint deadline, only the general limitation periods on the criminal action itself.

Does fraud require a complaint from the victim in the UAE?

Not generally. Article 11 makes theft, fraud and breach of trust complaint-dependent only where the victim is the spouse, ascendant or descendant of the perpetrator. Fraud between unrelated parties is prosecutable without any complaint, and cannot be ended simply by the victim losing interest.

How long can the police hold you in the UAE before you see a prosecutor?

Up to 48 hours. The judicial police officer must inform the arrested person of the charge and of their right to remain silent and send them to the competent Public Prosecution within that period. The prosecution must then question them within 24 hours and order either detention or release.

How long can the Public Prosecution detain someone during an investigation?

An initial 7 days, renewable once for up to 14 more, both ordered by the prosecution after questioning. Beyond that, only a judge of the criminal court may extend detention, in renewable periods of up to 30 days, after reviewing the file and hearing the accused. The accused has 3 days to file a grievance with the chief justice against an extension ordered in their absence.

Can I withdraw a criminal complaint in the UAE?

Only meaningfully for the offenses in Article 11. For those, waiver at any time before a final judgment terminates the criminal action, and a waiver made after the judgment becomes final obliges the Public Prosecution to stay execution of the penalty and release the convict. For every other offense the case belongs to the state and withdrawal does not end it.

What is criminal conciliation in the UAE?

An agreement between the victim and the defendant that ends the criminal dispute, available for the misdemeanors and infractions listed by Penal Code article number in Article 349, plus any offense that the law says terminates on conciliation or waiver. It can be recorded before the prosecution or the court at any stage of litigation, and Article 350 allows it even after a judgment becomes final.

What is criminal mediation and how long does it take?

Under Article 352 the Public Prosecution may refer a conciliation-eligible case to a neutral third-party mediator before it is transferred to the criminal court. The referral decision must set the duration, which cannot exceed one month from notifying the mediator, renewable once for a similar period on reasonable grounds. Two months is therefore the outer limit.

Will bail money be returned?

Yes, in full, if a non-suit order is issued or the accused is acquitted. If the accused fails without acceptable excuse to meet the obligations imposed on release, the bail becomes government property with no court judgment required. The court may in all cases order all or part of it refunded, or relieve a guarantor of their undertaking.

How long does the UAE have to prosecute a crime?

Article 21(2) sets 20 years for felonies other than those of Qisas, Diyya, death penalty or life imprisonment, 5 years for misdemeanors and 1 year for infractions, from the day the crime occurred. The limitation period cannot be suspended for any reason, but it is interrupted by investigation, accusation, trial, conciliation, plea bargaining or fact-finding steps taken against or notified to the accused, and then restarts from the last such step.

Official Sources

Information is current as of August 2026. Every article number and quotation above was read from the English text of Federal Decree-Law No. 38 of 2022 published by the UAE Ministry of Justice legislation portal, which is a translation of an Arabic original that prevails in case of conflict. Three limitations should be stated. The limitation periods in Article 21(2) of the decree-law differ from the figures published on the government’s own criminal cases page, and this guide follows the decree-law while flagging the conflict rather than reconciling it. Article 349 identifies conciliation-eligible offenses only by Penal Code article number, so whether a specific incident qualifies depends on the charge actually brought. And no court, prosecution or police fee is quoted anywhere in this guide, because no reachable official source publishes a fee schedule for filing a criminal complaint. This is general information, not legal advice. If you are filing a complaint or facing one, take advice from a UAE-licensed lawyer immediately, because several of the deadlines above run in days.