Administrative competence to work in the Public Prosecution
Public prosecution is part of Abu Dhabi's judicial authority. It is mandated with the role of initiating and taking action on behalf of society in criminal cases, either by referral to the court or sometimes by dismissal, as the case may be.
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. If sufficient reasons are justified to stay the case with no action to be taken, an order of dismissal will be issued.The administrative role of the Public Prosecution is regulated as follows:
Technical Office of the Attorney General
The office is responsible for the members of the Public Prosecution Office and handles the supervisory, administrative, and financial judicial work of the Public Prosecution Office. The office was established to ensure that the Public Prosecution Office fulfils its mission to the fullest extent possible in order to achieve justice and the rule of law in accordance with the goals of the Judicial Department.
Administrative Office of the Attorney General
It is in charge of planning all of the Attorney General's meetings and interviews, as well as all letters and correspondence that the Attorney General receives or issues. It also prepares administrative decisions and periodic literature that will be delivered to the Attorney General.
Prosecution Administration
All administrative work in the Public Prosecution Office is coordinated, overseen, and subject to administrative inspection by this division. To guarantee accuracy and control and raise the level of administrative performance in the public prosecution office, it has a number of specialised sections.
Cassation Prosecution
It represents the prosecution before the Court of Cassation and submits notes of appeals to the court. The law has defined specific mandates for it regarding appeals in criminal matters and personal status. It is an integral part of the formation of the Criminal Court of Cassation.
Appeal Prosecution
It represents the prosecution at the Court of Appeal, reviewing judgements and filing orders in accidental and administrative cases and specialising in investigating lawyers’ complaints. The law has specified specific mandates for it regarding criminal cases in the appeal stage.
Major Prosecutions
It is mandated for investigating and disposing of felonies and important cases and intervening in civil cases involving incapacitated and absent parties. Partial prosecutions are subordinate to this prosecution, both technically and administratively. They are mandated to inspect prisons and submit inspection reports to the technical office. The major prosecution offices in the Emirate of Abu Dhabi are: Abu Dhabi public prosecution, Al Rahba public prosecution, Bani Yas public prosecution, Al Ain public prosecution, and Al Dhafra public prosecution.
Partial Prosecutions
They were created to make it easier for people who live in remote, or densely populated areas to file legal claims and go through the court system. They handle all types of crimes and are under the major public prosecution. They are not mandated for dealing with felonies. A few instances of these prosecutions include, Al-Ruwais, Al-Yahar, and Al-Wagan
Specialized Prosecutions, in terms of
in terms of the type of crime committed
It is concerned with the investigation and disposal of a certain type of crime, such as the money prosecution, the traffic prosecution, the municipality prosecution, the nationality and residence prosecution, the domestic labour prosecution, the community service prosecution, and the tourism prosecution. It is affiliated with the public prosecution offices, except for the media prosecution office, which is affiliated with the attorney general.
In terms of persons Family prosecution, which is concerned with the investigation and disposal of all misdemeanours that occur within the scope of the same family or that are committed by juveniles. It follows the major prosecution.
There are 6 major prosecution offices and 16 minor prosecution offices in Abu Dhabi City, Al Ain and Al Dhafra.
According to the new strategy of the judicial department, the public prosecution operates according to a constantly evolving methodology that seeks to support and protect society, especially by promoting the culture of youth, in order to preserve their lives and their future.
