Criminal Case in Abu Dhabi: What Should You Do If a Complaint Is Filed or You Are Summoned by the Police or Public Prosecution?

Executive Summary

Receiving a call or message about a criminal complaint or a request to attend a police station or the Public Prosecution in Abu Dhabi does not mean that you have been found guilty. It does, however, mean that a legal procedure is underway and must be taken seriously from the outset.

The process may begin with a police complaint, followed by preliminary inquiries, the collection of evidence and the hearing of the parties involved, before the file is referred to the competent Public Prosecution. The Public Prosecution conducts the investigation and, based on the facts and evidence, decides whether to close the case, proceed with it or refer it to the competent court.

Federal Decree-Law No. 38 of 2022 Promulgating the Criminal Procedure Law governs the stages of criminal proceedings, the rights of accused persons, arrest, investigation, detention, release and referral to court. Where a person is arrested, the law requires that they be informed of the accusation and their right to remain silent, and be referred to the competent Public Prosecution within the statutory period. The Public Prosecution must then question the person and decide on the appropriate action.

Accordingly, the most important initial step after receiving a summons is to establish your role in the file, the complaint or case number, the authority requesting your attendance and the nature of the allegation before making decisions that could affect your legal position.

What Does It Mean If a Criminal Complaint Is Filed Against You in Abu Dhabi?

A complaint may be the starting point of criminal proceedings; it is not a finding of guilt.

An individual or company may submit a complaint to the police or Public Prosecution alleging that a crime has occurred. The competent authorities then examine the facts and documents, take statements and determine whether there are grounds to pursue criminal proceedings.

Under the Criminal Procedure Law, reports and complaints may be submitted to the Public Prosecution or judicial police officers. The judicial police gather preliminary evidence and forward the relevant reports and documents to the Public Prosecution.

It is therefore important to distinguish between:

The filing of a complaint

and

The bringing of formal charges

and

Referral of the case to court

and

A judgment of conviction.

Each stage has a different legal significance.

What Is the Difference Between a Police Summons and a Public Prosecution Summons?

You may first be asked to attend a police station and later receive a summons from the Public Prosecution.

Police Summons

A police summons is commonly issued during the preliminary inquiry stage to verify the complaint and facts, take statements from the parties and witnesses, and collect available evidence.

You may be asked to attend as:

• A complainant.
• An accused person or the subject of a complaint.
• A witness.
• Someone with information relevant to the incident.

You should therefore not assume your legal status solely from receiving a call or message.

Public Prosecution Summons

This generally means that the file has reached the Public Prosecution for investigative steps within its jurisdiction.

The Public Prosecution is the authority responsible for initiating and conducting criminal proceedings. It may question the accused, hear witnesses, request further reports or documents and determine the next steps based on the available evidence.

What Should You Do Immediately After Receiving a Summons?

First: Verify That the Summons Is Genuine

If you receive a call or message, obtain the essential details, including:

• The name of the authority requesting your attendance.
• The relevant police station or Public Prosecution office.
• The complaint or case number, if available.
• The date and time of the appointment.
• The capacity in which you are required to attend.
• The name or contact number of the authority for follow-up.

Do not send sensitive information or money in response to an unknown message before verifying that the communication genuinely comes from an official authority.

Second: Do Not Ignore the Appointment

Ignoring an official summons is not an appropriate way to handle the matter.

If there is a genuine reason why you cannot attend, address it through the appropriate legal procedure or contact the competent authority rather than simply failing to appear without understanding how that may affect the file.

In Abu Dhabi, the Judicial Department provides digital services relating to Public Prosecution files and criminal court cases, including the submission of requests and case-status inquiries.

Third: Establish Whether You Are an Accused Person, Witness or Complainant

This is especially important because the appropriate response to a summons depends on your legal capacity.

If you are accused or are the subject of a complaint, try to establish the nature of the incident and allegation before giving a detailed account.

If you are a witness, your role differs from that of an accused person; the same applies if you are the complainant.

Fourth: Gather Relevant Documents Before Attending

Before attending, review everything relating to the incident.

Relevant materials may include:

• Contracts.
• Text messages.
• WhatsApp conversations.
• Emails.
• Bank transfers.
• Lawfully obtained recordings or photographs.
• Invoices.
• Receipts.
• Documents establishing your whereabouts or the sequence of events.
• Any correspondence between you and the complainant.

Do not delete messages, alter documents or create a new account of events after learning of the complaint. Original evidence and its chronology may be important to the investigation.

Must You Go to the Police Immediately Without Knowing the Complaint Details?

You must comply with an official summons, but it is helpful to learn the basic case details before attending.

If a complaint or file number is available, a lawyer can review the procedural position to the extent legally permitted and determine whether the matter remains with the police or has moved to the Public Prosecution.

The Abu Dhabi Judicial Department also provides a service for checking whether criminal cases exist using the Unified Number and another service for checking the status of a criminal case, subject to the information available.

Does a Summons Mean You Will Be Arrested?

No.

A summons and an arrest are separate procedures.

You may be summoned simply to provide a statement and leave once the procedure is completed. In other circumstances, an order or legal grounds may exist for arrest or detention.

This depends on:

• The nature of the offence being investigated.
• The available evidence.
• The procedural stage of the case.
• Whether an arrest warrant exists.
• Decisions made by the Public Prosecution.
• The circumstances of the person and the case.

The word 'summons' alone does not determine the outcome.

What Happens If You Are Arrested?

If the matter progresses from a summons to an arrest or detention, specific safeguards and procedures under the Criminal Procedure Law become relevant.

Under Article 48, an arrested accused person must be informed of the accusation and of the right to remain silent. The law also regulates transfer from the arresting authority to the Public Prosecution. Its provisions refer to referral to the competent Public Prosecution within 48 hours, followed by questioning by the Public Prosecution within 24 hours and a decision on detention or release according to the circumstances.

These time limits relate to arrest; they do not apply to every person summoned to provide a statement.

Do You Have the Right to Remain Silent?

The Criminal Procedure Law recognizes the right of an arrested accused person to remain silent and requires that the person be informed of that right and the offence alleged.

However, exercising this right does not mean that refusing to answer every question is necessarily the best strategy in every case.

In some cases, documents or clear facts may call for an early explanation. In others, inaccurate or improvised answers may cause greater harm.

The decision should therefore be based on the nature of the complaint and the evidence, rather than on a single rule applied to every case.

Should You Sign Your Statement?

Read any official record or statement carefully before signing and ensure that it accurately reflects what you said.

If information is inaccurately recorded, a statement is attributed to you that you did not make, or an important detail is missing, raise the issue before signing.

Do not sign a document whose contents you do not understand.

What If You Do Not Speak Arabic?

Clearly tell the investigating authority if you do not understand the language used during the investigation or in a document you are asked to sign.

The Criminal Procedure Law provides for the use of an interpreter where needed in criminal proceedings. Do not pretend to understand a question or document when you cannot understand it accurately.

Can You Have a Lawyer?

Yes. Seeking legal assistance early can be important in a criminal matter, particularly if you are accused or face a procedure affecting your liberty.

During an investigation before the Public Prosecution, the Criminal Procedure Law allows defence counsel to attend the questioning of the accused and review investigation papers, subject to circumstances in which the Public Prosecution may restrict access in the interests of the investigation.

The legislation regulating the legal profession and legal consultancy also recognizes a lawyer's right to attend investigation sessions with their client in accordance with the laws governing criminal procedure.

Why Is It Better to Consult a Lawyer Before Giving a Detailed Statement?

A criminal case depends not only on what actually happened, but also on how facts are proved and characterized in law.

A person may make a remark they consider unimportant, yet that remark may carry a different meaning when compared with documents or the other party's testimony.

Some disputes also begin in a commercial or personal relationship and later develop into allegations such as:

• Fraud.
• Breach of trust.
• Insult or defamation.
• Assault.
• Threats.
• Cybercrime.
• Forgery or use of a forged document.
• Misuse of funds or property.

Distinguishing a civil dispute from a criminal offence may depend on fine legal distinctions.

What Happens at the Police Station?

Upon attendance, police may verify your identity, take statements and collect documents or other evidence relevant to the incident.

They may also hear from the other party and witnesses and request additional information.

Once the necessary preliminary procedures are completed, the file is dealt with under the Criminal Procedure Law and referred to the Public Prosecution where appropriate. The law requires judicial police officers to prepare records of their actions and send them to the Public Prosecution together with relevant documents and seized items.

What Happens Before the Public Prosecution?

An investigation conducted by the Public Prosecution is a more significant procedural stage than preliminary evidence-gathering alone.

When an accused person appears for questioning for the first time, their identity is verified, they are informed of the allegation and then questioned about the facts.

The Public Prosecution may also:

• Hear witnesses.
• Confront the parties with one another's statements.
• Examine documents.
• Request technical or expert reports.
• Examine digital evidence.
• Issue decisions connected with the investigation.
• Decide on detention or release.
• Close the case or refer it to court.

Investigations and their outcomes are subject to the confidentiality rules prescribed by the Criminal Procedure Law.

Can an Accused Person Be Released on Bail?

Temporary release may be available depending on the circumstances of the case.

The Criminal Procedure Law governs provisional release during investigation and trial. Release may be granted on a personal guarantee, bail or subject to other measures, as determined by the competent authority.

During an investigation, the Public Prosecution has authority to consider provisional release in accordance with the law. After referral to court, that authority rests with the court within the relevant legal limits.

There is no universal rule that every accused person must be released or that every accused person must be detained. The decision depends on the nature and legal status of the case.

Can a Criminal Case Lead to a Travel Ban?

Yes. In certain circumstances, a criminal investigation may be associated with a travel-ban order.

The Criminal Procedure Law permits the Public Prosecution to take certain travel-related measures during an investigation, subject to the statutory requirements.

If you have upcoming travel plans or need to travel, do not assume that being out of detention necessarily means there are no travel restrictions.

What Happens When the Public Prosecution Completes Its Investigation?

Several outcomes may follow an investigation.

Closure of the Case

If the Public Prosecution finds insufficient grounds to proceed under the law, the matter may be closed, depending on the circumstances of the file.

Referral to Court

If the Public Prosecution considers that the evidence warrants a trial, it refers the case to the competent criminal court.

The law governs the referral of misdemeanour and felony cases to the appropriate courts after investigation and assessment of the evidence.

Hearings are then scheduled, the defence is heard and evidence is examined until the court delivers its judgment.

What Happens Before the Criminal Court in Abu Dhabi?

When a case is referred to court, the trial stage begins.

At this stage, the defence can review the case file and identify:

• The allegation made against the accused.
• The evidence relied upon by the Public Prosecution.
• Statements made by the parties and witnesses.
• Technical or expert reports.
• Documents.
• Legal arguments and defences.
• Applications or requests that may affect the outcome.

The court then delivers its judgment in light of the facts, the evidence and the law.

Referral to court does not mean a conviction is inevitable. Equally, merely denying the accusation does not automatically result in an acquittal; the outcome depends on the court's assessment of the evidence.

Can You Track a Criminal Case Online in Abu Dhabi?

The Abu Dhabi Judicial Department offers a range of digital services relating to the Public Prosecution and criminal courts.

These include:

• Checking for criminal cases using the Unified Number.
• Checking the status of criminal cases.
• Submitting a request in a Public Prosecution file or criminal case.
• Booking an appointment with a Public Prosecution member.
• Challenging certain decisions.
• Filing appeals in criminal cases.

These services appear in the Abu Dhabi Judicial Department's official service directory.

Should You Contact the Person Who Filed the Complaint?

That depends on the nature of the case.

Do not pressure, threaten or attempt to influence the complainant or witnesses, and avoid sending emotional messages that could become part of the evidence.

In some categories of cases, a settlement or withdrawal of a complaint may have legal consequences. In others, withdrawal does not necessarily terminate criminal proceedings.

If settlement is the objective, first establish its legal effect and the appropriate way to complete and document it.

What If the Complaint Is Malicious or the Allegations Are Untrue?

Simply saying that a complaint is malicious is not enough.

A defence must be built on evidence.

Start by preparing a timeline of events and gathering correspondence, documents, witnesses and any evidence showing that the allegation is untrue.

In some circumstances, there may be a legal basis for action in relation to a false complaint or allegation. This should be assessed only after reviewing what happened and the outcome of the original complaint.

Practical Example

Suppose someone receives a call from an Abu Dhabi police station asking them to attend in connection with a complaint about a financial transfer.

An organized response would be to:

1. Obtain the complaint details and identify the competent authority.
2. Establish whether you are required to attend as an accused person or in another capacity.
3. Review the transfers, correspondence, contract and reason for transferring the money.
4. Prepare a clear timeline of events.
5. Obtain a legal assessment before providing a detailed statement.
6. Attend at the scheduled time and respond calmly and accurately during the investigation.
7. Obtain the new file number if the complaint is referred to the Public Prosecution.
8. Follow up on subsequent appointments or decisions. Do not assume that leaving the police station means the case has ended.

Common Mistakes After Receiving a Criminal Summons

Mistakes that may affect your case include:

• Ignoring the summons.
• Attending without first finding out as much as possible about the complaint.
• Deleting messages or documents.
• Changing your account between police and Public Prosecution interviews.
• Signing an official record without reading it.
• Trying to influence witnesses or the complainant.
• Publishing case details on social media.
• Assuming the case is minor because the other party has promised to withdraw the complaint.
• Travelling without checking for any measures that may restrict travel.
• Waiting until the case reaches court before seeking legal advice.

What Should You Do in the First 24 Hours After Learning of the Complaint?

Your priority should be to preserve information, not to confront the other party.

Keep a copy of the summons or message, record the complaint number, competent authority and appointment, and gather all documents relevant to the incident.

If you are accused, it is preferable to have the facts legally assessed before giving a lengthy explanation or sending new messages to the other party.

In sensitive matters, or where arrest, detention or a travel ban may be possible, prompt review of the procedural position is especially important.

The Role of Bin Nakhira & Partners in Criminal Cases

Criminal cases differ significantly according to the alleged offence, the evidence and the stage the matter has reached. Addressing a case therefore usually begins with an understanding of its procedural status before deciding on a defence strategy.

Bin Nakhira & Partners Advocates and Legal Consultants provides criminal defence and representation in criminal proceedings, including the review of complaints, charges and evidence; follow-up of investigations before the Public Prosecution; preparation of legal defences and submissions; and representation before the competent courts in the United Arab Emirates.