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Prosecution





It is part of the judicial authority in the Emirate whose work involves initiating the criminal case on behalf of the community and disposing of it either by referring it to the court, or by issuing a decision to dismiss it.

The Public Prosecution Office was formed in the Emirate of Abu Dhabi pursuant to Law No. 23 of 2006 regarding the Judicial Department, and it was organized in 2007 based on Resolution No. 22 issued by His Highness Sheikh Mansour bin Zayed Al Nahyan, Chairman of the Judicial Department, which included the reorganization of existing prosecution offices and the formation of new ones.

The Public Prosecution carries out its powers regarding the criminal case in its capacity as a representative of society and the representative of the public right, and seeks to achieve justice and the requirements of the law. The public prosecution office is exclusively responsible for:

Initiating a criminal case, where it assumes the powers of investigation and indictment, and refers the accused to the competent court if his involvement in the crime is proven.

Initiating a criminal case and following it up before the courts until the case is either adjudicated or dismissed.
Assuming all other competencies stipulated by the laws, or required by its administrative function

The public prosecution intervenes in civil lawsuits and personal status cases of the incompetent, the absent, the missing, charitable endowments, wills, gifts, and cases of recusal of judges and members of the Public Prosecution, etc., in accordance with the laws regulating that.
Executing the decisions and rulings issued in the criminal case

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The Public Prosecution structure:

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. They are hierarchical in their job order, and some of them have controlling authority over the others. This authority vests control and supervision on the part of superiors over subordinates.

​Attorney General

He comes at the top of the Public Prosecution hierarchy, who is inherently in charge of practising the functions of the Public Prosecution, while the rest of its members are subordinate to him in the order of their degrees, and they exercise his competence through his assumed agency. The Public Prosecutor has the right to judicial and administrative supervision over all of them.

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 bringing and initiating criminal cases, conducting investigations, criminal prosecution, representing the public prosecution before the courts, submitting arguments, and appealing judgements, all under the assumed agency. 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.

The chief prosecutor shall have the following powers:

• filing criminal lawsuits in criminal cases, or issuing an order that there is no basis for criminal lawsuits.
• representing the Public Prosecution in the disciplinary trial sessions of judges and prosecutors.
• the chief prosecutor has the same powers referred to, except for those mentioned in the last item

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 action on the offence, in case it is criminal, either by sending it to the chief 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 or suspicious nature of the offence or the order to dismiss the case for lack of evidence. If the offence is a misdemeanour and condemnation is grounded, the case will be ordered to be referred to the Court of Misdemeanours.

Administrative competence of the public prosecution

The administrative competence of the public prosecution office is regulated as follows 

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