Introduction
Justice and the protection of individual rights are among the fundamental principles of the legal system
in most countries around the world. One of these rights is the victim’s right to file a criminal complaint
against the perpetrator of a crime committed against them. However, did you know that there are certain crimes where the initiation of criminal proceedings depends on a complaint from the victim? This is the topic of our article today, where we will discuss the key aspects related to this matter and the laws
governing it in the United Arab Emirates
Crimes Requiring a Complaint from the Victim
As mentioned in the introduction, in most cases, the victim has the right to file a criminal complaint.
However, there are some crimes where the initiation of criminal proceedings depends on a complaint
from the victim or their legal representative.
These crimes include
1. Theft, fraud, breach of trust, and concealing things obtained from them, if the victim is the spouse of the perpetrator or one of their ascendants or descendants, and these things are not already subject to a judicial or administrative seizure or encumbered with a right in favor of another person.
2. Failure to deliver a minor to those entitled to request and remove them from the custody of
those who have guardianship over them.
3. Refusal to provide maintenance, child custody expenses, breastfeeding expenses, or housing required by law.
4. Insulting and defaming individuals.
5. Other crimes specified by the law.
It is important to note that a complaint should not be filed more than three months after the victim becomes aware of the crime and its perpetrator. Therefore, the victim must promptly submit the
complaint upon learning of the crime to the public prosecution or to one of the judicial police officers.
In cases of being caught in the act, the complaint can be made to any law enforcement officer present.
Conclusion
These legal exceptions clearly demonstrate how the laws balance the protection of the rights of the victim and ensuring that the rights of the accused are not violated. Understanding these complex legal matters contributes to enhancing justice and guiding individuals to use the legal system correctly and effectively
Ultimately, society should work towards educating individuals about their legal rights and obligations and encourage cooperation with legal authorities to ensure justice is served and public safety and order are maintained.
Expert Opinions
Ahmed Saber, Head of the Litigation Department, emphasized the importance of these exceptions in criminal law. Saber stated, “These exceptions are a crucial step in protecting individuals’ rights and ensuring that the legal system is not used against them. If a victim has suffered from a crime and wishes to pursue the perpetrator, they should have the right to resort to the law without having to wait for the public prosecution’s proceedings.
Nada Al-Mawawi, Head of the Consultations Department, emphasized the importance of guiding individuals towards the correct legal procedures. Al-Mawawi said, “Victims must be aware of their legal rights and obligations. Legal consultations can play a significant role in guiding individuals on how to deal with crimes that require a complaint, by providing necessary advice and guidance.
In Conclusion
The topic of crimes dependent on a complaint from the victim raises many questions about individual rights and justice in the legal system. Ensure that laws are carefully designed to achieve a balance between protection and justice. Individuals should also be aware of their rights and responsibilities and use the legal system correctly to ensure justice is served and contribute to building a fair and peaceful society.
