Professional Lawyer Dr. Hassan Elhais details about the rights and duties of a witness in the UAE. For more details, information: https://www.professionallawyer.me/.
The Accused’s Rights in Saudi Criminal lawAccused of crimes .docxmehek4
The Accused’s Rights in Saudi Criminal law
Accused of crimes needs some protection to his rights because he is innocent until proven guilty. Without any minor doubt that the accused person will be in his weakest situation during accusation and interrogation.
Informing the Accused of Crime of his Right
the Saudi criminal system does not have any requirements to informing the Accused of Crime of his Rights. The Saudi criminal laws only require that the accused shall give his personal information to the investigator and sign the report that contains such information. The Saudi legislator should inform suspects about their rights to avoid self-incrimination. The accused of crimes is not always a criminal or the one who really commits the crime where a person is innocent until proven guilty. Therefore, investigators prior to interrogation should notify the accused that he has right to remain silent and anything he says will be used against him in court. Also, they should inform him that he has a right to an attorney and if he is indigent, the government is going to pay for his lawyer.
the defendant has the right to be aware of the offending charge. The right of the accused to see the case file is important because it informs the accused of the charge or counts against him or her prior to interrogation. Viewing the evidence against the accused is important because it helps in preparing an effective defense. Article 101 of the Law of Criminal Procedure requires the investigator inform the accused of the charge he or she is facing.
Rights During an Arrest
Article 33 of the Law of Criminal Procedure states:
Where the crime is in the process of commission, the criminal investigation officer shall arrest the suspect present at the scene of the crime where there is sufficient evidence for his implication. A record of that shall be made and the Bureau of Investigation and Prosecution shall be immediately notified. In all cases, the person under arrest shall not be detained for more than 24 hours, except pursuant to a written order from the investigator.
No person shall be arrested, searched and detained or imprisoned except in cases provided by law.... And it is prohibited to harm the arrested, whether physically or mentally. Similarly, it is prohibited to subject anyone to torture or degrading treatment. In cases where there is no obvious violation of the law, no one shall be arrested or detained except by order of the competent authority. The police must hear the testimony of the accused immediately, and if the police find enough evidence to charge the individual, they must send the individual to an investigator, along with their report, within 24 hours. The Law of Criminal Procedure is keen to maintain the rights of the accused during arrest. Specifically, Article 36, provides:
(1) Detainees are to be treated well in order to preserve their dignity, and shall not be harmed physically or mentally, are entitled to know the reasons for their arr ...
The Accused’s Rights in Saudi Criminal lawAccused of crimes .docxmehek4
The Accused’s Rights in Saudi Criminal law
Accused of crimes needs some protection to his rights because he is innocent until proven guilty. Without any minor doubt that the accused person will be in his weakest situation during accusation and interrogation.
Informing the Accused of Crime of his Right
the Saudi criminal system does not have any requirements to informing the Accused of Crime of his Rights. The Saudi criminal laws only require that the accused shall give his personal information to the investigator and sign the report that contains such information. The Saudi legislator should inform suspects about their rights to avoid self-incrimination. The accused of crimes is not always a criminal or the one who really commits the crime where a person is innocent until proven guilty. Therefore, investigators prior to interrogation should notify the accused that he has right to remain silent and anything he says will be used against him in court. Also, they should inform him that he has a right to an attorney and if he is indigent, the government is going to pay for his lawyer.
the defendant has the right to be aware of the offending charge. The right of the accused to see the case file is important because it informs the accused of the charge or counts against him or her prior to interrogation. Viewing the evidence against the accused is important because it helps in preparing an effective defense. Article 101 of the Law of Criminal Procedure requires the investigator inform the accused of the charge he or she is facing.
Rights During an Arrest
Article 33 of the Law of Criminal Procedure states:
Where the crime is in the process of commission, the criminal investigation officer shall arrest the suspect present at the scene of the crime where there is sufficient evidence for his implication. A record of that shall be made and the Bureau of Investigation and Prosecution shall be immediately notified. In all cases, the person under arrest shall not be detained for more than 24 hours, except pursuant to a written order from the investigator.
No person shall be arrested, searched and detained or imprisoned except in cases provided by law.... And it is prohibited to harm the arrested, whether physically or mentally. Similarly, it is prohibited to subject anyone to torture or degrading treatment. In cases where there is no obvious violation of the law, no one shall be arrested or detained except by order of the competent authority. The police must hear the testimony of the accused immediately, and if the police find enough evidence to charge the individual, they must send the individual to an investigator, along with their report, within 24 hours. The Law of Criminal Procedure is keen to maintain the rights of the accused during arrest. Specifically, Article 36, provides:
(1) Detainees are to be treated well in order to preserve their dignity, and shall not be harmed physically or mentally, are entitled to know the reasons for their arr ...
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
One of the most important rights of an individual formally charged with a "serious crime" is the right to a jury trial. ... Persons accused of crimes have the right to have their guilt or innocence determined by a panel of fellow-citizens.
Writ Jurisdiction and Public Interest Litigation (PIL) in BangladeshAhasan Uddin Bhuiyan
Writ Jurisdiction is the instrument for enforcement of fundamental rights. A writ is only permitted when the defendant has no other adequate remedy, such as an appeal.
For the enforcement of fundamental rights one has to move the Supreme Court or the High Courts directly by invoking Writ Jurisdiction of these courts. But the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man.
As a part of my academic activities, I’ve completed this assignment on writ jurisdictions and Public Interest Litigation (PIL) .
A law practitioner should know the following matter; What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? Law should be read repeatedly. How to apply the law? And in order to practice the civil matter, a law practitioner should go through the following laws:
1. The Code of Civil Procedure.
2. Civil Rules and Orders.
3. Civil Suits Instruction Manual.
4. The Civil Court Act.
5. The Court Fees Act.
6. The Suit Valuation Act.
Professional Lawyer Dr. Hassan Elhais details about challenges faced by international arbitration lawyers in a globalized world. For more details, information: https://www.professionallawyer.me/.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
One of the most important rights of an individual formally charged with a "serious crime" is the right to a jury trial. ... Persons accused of crimes have the right to have their guilt or innocence determined by a panel of fellow-citizens.
Writ Jurisdiction and Public Interest Litigation (PIL) in BangladeshAhasan Uddin Bhuiyan
Writ Jurisdiction is the instrument for enforcement of fundamental rights. A writ is only permitted when the defendant has no other adequate remedy, such as an appeal.
For the enforcement of fundamental rights one has to move the Supreme Court or the High Courts directly by invoking Writ Jurisdiction of these courts. But the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man.
As a part of my academic activities, I’ve completed this assignment on writ jurisdictions and Public Interest Litigation (PIL) .
A law practitioner should know the following matter; What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? Law should be read repeatedly. How to apply the law? And in order to practice the civil matter, a law practitioner should go through the following laws:
1. The Code of Civil Procedure.
2. Civil Rules and Orders.
3. Civil Suits Instruction Manual.
4. The Civil Court Act.
5. The Court Fees Act.
6. The Suit Valuation Act.
Professional Lawyer Dr. Hassan Elhais details about challenges faced by international arbitration lawyers in a globalized world. For more details, information: https://www.professionallawyer.me/.
Professional Lawyer Dr. Hassan Elhais details about what constitutes contempt of court in UAE family law? For more details, information: https://www.professionallawyer.me/.
Professional Lawyer Dr. Hassan Elhais details about all you need to know on child protection law in the UAE. For more details, information: https://www.professionallawyer.me/.
Professional Lawyer Dr. Hassan Elhais details about choosing the right mediator in contractual disputes. For more details, information: https://www.professionallawyer.me/.
Professional Lawyer Dr. Hassan Elhais details about difference between a bribe and blackmailing. For more details, information: https://www.professionallawyer.me/.
Professional Lawyer Dr. Hassan Elhais details about property eviction and your rights in the UAE. For more details, information: https://www.professionallawyer.me/.
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In Brief: Rights and Duties of a Witness in the UAE
1. In Brief: Rights and Duties of a Witness in the UAE
One of the oldest forms of taking evidence in a court of law is by way of producing witnesses. In the
UAE, witnesses are governed according to:
Federal Decree-Law No. 35 of 2022, on Promulgating the Law of Evidence in Civil and
Commercial Transactions (Evidence Law) in civil cases, and
Federal Decree-Law No. 38 of 2022 Promulgating the Criminal Procedure Law (Criminal
Procedure) in criminal cases.
What is the role of a witness in a court case?
A witness is someone who knows relevant information regarding a case in a court of law, and is called
upon to share that information with the court. The statement that a witness gives in a court of law is
called a testimony.
It is no news that in order to support a claim in a court of law, the plaintiff or defendant must produce
evidence which would prove their claim. The testimony of a witness is a primary source of evidence in
court cases, whether civil or criminal.
When is a person informed that he is required to appear in court to give testimony?
As per Evidence Law (Article 74), a witness has the right to be informed at least 24 hours before the
scheduled date of hearing of the case. This time is exclusive of the time lost due to distance. Article 173
of the Criminal Procedure also provides for informing the witness at least 24 hours prior to the hearing
date.
What details should a person furnish if he is a witness?
A person should disclose the relationship he has with the parties if he is a witness to their case (Article
71, Evidence Law). He will also be required to submit his identity details, such as name, age, profession,
residence etc. (Article 89, Criminal Procedure).
Can a witness refuse to appear in court?
2. A witness can refuse to present himself in court provided he has a reasonable excuse for his absence.
Article 75(2) of Evidence Law allows the statement of such a witness to be recorded by the supervising
judge at the place where the witness is present. Similarly, Articles 92 and 176 of Criminal Procedure
provide that if a witness is sick or excuses himself from appearance in the court for valid reasons, his
statement can be recorded at his residence.
What happens if a witness does not adhere to a summons order without a valid excuse?
If a witness absents himself from giving testimony in a court without legitimate excuse, Article 74 of the
Evidence Law and Article 174 of the Criminal Procedure impose a fine on the witness. The fine will be
imposed again if the witness fails to appear after being fined the first time, and in certain cases may lead
to arrest.
Can a witness abstain from answering questions?
A witness can abstain from answering questions that:
1. Are self-incriminatory [Article 78(3), Evidence Law]
2. Are irrelevant to the case [Article 78(4), Evidence Law, Article 169(2) Criminal Procedure]
3. Are against the law, public order or morality [Article 78(4), Evidence Law]
4. May intimidate the witness or disturb his thoughts [Article 169(3), Criminal Procedure]
Can witnesses claim protection or keep their identity confidential?
As per Article 84 of the Evidence Law, a witness has a right to be protected from harm, and the court
may prevent the witness and the testimony from being influenced or intimidated by anyone.
Why is a witness required to take an oath?
Taking oath before delivering a testimony ensures that the witness tells nothing but the truth. It is the
duty of a witness to take an oath, as per the law.
In civil cases, oath is administered according to Article 76(4) of Evidence Law, although a witness may
abstain from taking oath, provided he has a valid excuse for the same [Article 75(1), Evidence Law].
In criminal cases, witnesses of ages 15 and above are required to take oath in accordance with Article 89
of the Criminal Procedure, and those who are below the specified age will be heard as a matter of
guidance without an oath.
On what ground(s) can a witness claim expense?
A witness can claim expenses if his appearance in court disrupted his daily activities, in consonance with
Article 85 of Evidence Law. A witness can also claim expenses for their attendance in the court under
Article 93 of Criminal Procedure.