Can I request that accused’s bail is cancelled?
Q I was a victim of a crime and the case ended up in court. The accused has been let out on bail but I would like to know if I could request that his bail is cancelled until the case is decided? A
Releasing the accused on bail while a criminal investigation is ongoing often requires them to deliver a guarantee that he or she will be present any time their attendance is needed in relation to the investigation or court case. The accused would have to give an appropriate guarantee that they will do everything asked of them in accordance with the law, and all of this will fall under their bail conditions. The accused or their lawyer is entirely entitled to request bail. Before any case goes to court, prosecutors decide whether bail can be granted or not,according to article 111 of the UAE Criminal Procedures Law. Once in court, it is the court that decides on bail requests. However, in accordance with article 117 of the same law, any request by a victim to cancel the bail of the accused is not accepted.
I closed my bank account and left the UAE but two years later when I came back to visit, I was arrested and put in detention for two nights. Later it was discovered that the bank had made a mistake and had not closed the account properly when I had requested them to do so. Would I be in a position to claim compensation from them over the matter?
This is an unfortunate situation you found yourself in but if you have an official letter from the bank confirming that your account had been closed and you have no further liability with them, then the following article would apply to you. Article 282 of the Federal Law 5 of 1985 on the Civil Transactions Law of the UAE states that “the author of any tort, even if not discerning, shall be bound to repair the prejudice”. Also, under article 313, you would have the right to claim damages.
Our legal expert is Hassan Mohsen Elhais, of Al Rowaad Advocates and Legal Consultants.
If you have a question for our legal consultant, email media@ professionallawyer.me with the subject line ‘Know The Law’.
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.