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Abu Dhabi Judicial Department

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Prosecution





Public Prosecution It is part of Abu Dhabi judicial authority, which role is to initiate and take action on criminal cases on behalf of the society members, either by referral to the court or by a issuing a decision of dismissal.

The Public Prosecution has been established in Abu Dhabi under Law No. 23 of 2006 concerning the Judicial Department and has been regulated since 2007 pursuant to Decree No. 22 issued by His Highness Sheikh Mansour Bin Zayed Al Nahyan, Chairman of Abu Dhabi Judicial Department (ADJD), which stipulates the reorganization of the existing prosecution offices and the formation of new ones.

The Public Prosecution practices its jurisdiction over criminal cases as a representative of the society and public right, seeking fulfillment of justice and rule of law..
it assumes the responsibility of :

Move the criminal case where the investigation and accusation powers are concerned, and refer the accused to the competent court if it is proven that he was involved in the crime..

Filing a criminal case and following its progress before the courts until a final ruling is issued or a decision to preserve the papers is issued
The advancement of all other specializations provided for by law or required by its administrative function

The prosecution interferes in civil cases and the personal status of stateless and incomplete persons, absent and missing persons, charitable endowments, bequests, gifts, restitution lawsuits, members of the prosecution, etc. according to the laws regulating this.
Implementing the decisions and judgments issued in the criminal case

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The structure of the Public Prosecution consists of :

The structure of the Public Prosecution consists of the Attorney General at the top of the hierarchy, senior advocates general, advocates general, directors of prosecution (chief prosecutors), and prosecutors. Members of higher positions have the authority to supervise and monitor their subordinates.

​Attorney General

he comes at the top of the Public Prosecution hierarchy, who is inherently in charge of practicing the functions of the Public Prosecution, with the assistance of the remaining prosecution members, of different levels. Subordinate members assume the powers of the AG, being his default representatives. The Attorney General has the right of judicial and administrative supervision on all other members.

Advocates General (Senior)

In addition to the powers prescribed by law, Senior Advocates General shall exercise the tasks delegated by the Attorney-General. Senior advocates general , advocates general, and chief prosecutors, each within his jurisdiction, shall perform all ordinary functions of the Attorney General in terms of brining and initiating criminal cases, conducting investigations, criminal prosecution, representing the public prosecution before the courts, submitting arguments and appealing judgments all under the default proxy capacity. Advocates general usually represent the Public Prosecution before the Court of Cassation, sign the appeal notices and prepare their briefs and memos stating reasons for appeal

Chief prosecutors shall have the competence to

· Bring criminal actions and felony cases before the court, or issue an order that there is no basis for instituting the criminal action.
· Represent the Public Prosecution in the disciplinary court hearings held in relation to judges and prosecutors.
· Directors of prosecution offices shall have the same powers as those mentioned above with the exception of the last paragraph.

Prosecutors

Being the representatives of the Attorney General, prosecutors have the competence to investigate and take action on all criminal cases and to claim public rights. They are the frontline members of the judiciary to directly deal with the public by investigating reported incidents and deciding the appropriate legal characterization before taking an action on the offence, in case of felony, either by sending it to the director of the prosecution with a draft order for referral to the Criminal Court supported by a list of verified evidence; or by preparing a dismissal memo indicting the exclusion of the criminal suspicious nature of the crime, or the order to dismiss the case for lack of evidence. If the offence is a misdemeanor, where indictment outweighs innocence, the incident will be ordered to be referred to the Court of Misdemeanors.

Administrative jurisdiction of Public Prosecution

The administrative jurisdiction of the acting office is organized as follows

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