Understanding your rights during criminal proceedings is essential if you are accused in a criminal case. This article provides crucial guidance based on the Criminal Procedure Law, Federal Decree-Law No. 38/2022, and its amendments.
In general, the presence of the accused is mandatory in criminal cases, except when the expected sentence does not involve imprisonment or deportation and is limited to fines. The accused may also be exempted from attending subsequent hearings if they appeared at the first hearing, were informed of the charges by the Public Prosecution, and agreed to face the trial. However, the court has the discretion to request the personal attendance of the accused at any time.
If the accused cannot attend a hearing due to valid and justifiable reasons, they have the right to appoint a lawyer or a family member to present these reasons to the court and request a postponement of the hearing under the provisions of Article 195 of the Criminal Procedure Law. The court may accept the reason and reschedule the hearing at its discretion. When the accused does appear in court, they should not be handcuffed or shackled but must still be under necessary observation.
The accused is entitled to attend the hearing unless their behaviour causes disruption or disturbance. In such cases, the court has the discretionary power to remove the accused from the hearing. However, the accused must be informed and notified of all events that took place during their absence.
The presence of the Public Prosecution at all hearings is mandatory, and the court must consider and rule on its requests. Throughout the criminal court proceedings, maintaining order and adhering to procedures is essential. If anyone in the courtroom disturbs the order, the judges have the right to direct their removal from the hearing. If the individual refuses to comply, the court has the authority to detain them for up to 24 hours and impose a fine.
Most hearings are conducted in public unless the court decides to hold a closed session to protect certain interests or individuals from attending.
At the start of the hearing, the accused and their lawyer (if appointed) will be asked to appear before the judge. The court may inquire about the accused's name, profession, nationality, and the charges they are facing. The Public Prosecution will then present its case. If a civil claim is filed by the victim in the criminal court, they will be given the opportunity to present their request. The accused will then be asked to respond to the charges and state whether they admit to them. If the accused pleads guilty, the court has the discretion to issue a judgment without hearing witnesses, unless the potential sentence includes the death penalty, in which case the court must complete the investigation process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.