The Right of the Accused to have a Lawyer Present in Investigation and Trial under UAE Law

The presence of a lawyer alongside the accused in criminal proceedings is not a mere formality; it is a fundamental safeguard guaranteed in UAE legislation to protect the right of defense and ensure justice is achieved. The law recognizes that having a competent lawyer from the earliest stage of proceedings may prove decisive in determining between conviction and acquittal. For this reason, the UAE legislator has established clear rules guaranteeing the strength, enforceability, and mandatory nature of this right. Given that criminal proceedings are often complex for non-specialists, awareness of this right is essential for anyone facing investigation or criminal charges.

Legal Framework for the Accused’s Right to Have a Lawyer Present

The right of the accused to have a present lawyer at every stage of criminal proceedings is one of the key guarantees of a fair trial under UAE law. Article 419 of Federal Decree Law No. 38 of 2022 Promulgating Criminal Procedure Law affirms that a lawyer has the right to meet with his client or attend alongside him during investigation or trial, including through remote communication when coordinated with the competent authority. Article 98 further provides that the accused’s lawyer must be allowed to attend investigations and review case documents, unless the Public Prosecution decides otherwise in the interest of the investigation. In serious cases, such as felonies punishable by death or life imprisonment, Article 4(1) of the Criminal Procedure Law makes it mandatory for every accused to have a lawyer during trial proceedings. Moreover, Article 4(2) extends this safeguard to felonies punishable by temporary imprisonment, granting the accused the right to request a lawyer if he is unable to represent himself effectively, thereby ensuring proper legal representation before the court.

The Importance of Legal Representation at Each Stage of the Case

Having a lawyer from the earliest stage of proceedings enables the accused to understand his rights fully and avoid procedural missteps that could harm his legal position. The UAE Federal Supreme Court, in Judgment No. 443 of 2017, ruled that the trial of an accused in a felony punishable by death or life imprisonment without a lawyer makes the judgment null and void as a matter of public order, which highlights the absolute necessity of this right. Likewise, the Abu Dhabi Court of Cassation, in Judgment No. 676 of 2019, confirmed that the absence of a lawyer in such cases constitutes a serious breach of a core rule in the litigation process.

Conflict of Interest and the Right of Independent Legal Representation

When multiple accused are involved in the same case, their interests may conflict. In such situations, each defendant must be represented by an independent lawyer. The Federal Supreme Court, in Judgment No. 130 of 2020, held that representing multiple accused with conflicting interests by the same lawyer constitutes a violation of the right of defense, particularly where one accused’s statements are used as evidence against another.

Protection of the Confidentiality of the Lawyer & Accused Relationship and Criminal Settlements

UAE law places special emphasis on preserving the confidentiality of communications between lawyer and accused., where Article 75 expressly prohibits the seizure of documents or correspondence delivered by the accused to his lawyer for the purpose of representation, as well as any exchanges between them. This ensures that legal consultations remain private, secure, and protected between them. In relation to the criminal settlements, Article 363 requires the Public Prosecution, when proposing a settlement, to inform the accused of his right to seek advice from a lawyer before giving consent. Furthermore, Article 371 reiterates this right in felony cases, while Article 376 makes it mandatory for a lawyer to attend settlement procedures in major cases and grants the lawyer access to the case file. Additionally, Article 373 mandates the court, when reviewing the validity of a settlement, to question the accused in the presence of his lawyer regarding any confession, ensuring that the accused fully understands the implications of this step.

The right to legal representation empowers the accused with full awareness of his legal position, strengthens his ability to defend himself effectively, and guarantees that proceedings are conducted fairly, transparently, and within a balanced legal framework. Engaging a lawyer from the very first summons or investigation is not simply a precautionary step but the first line of defense in protecting the accused’s rights, liberty, reputation, and future. It ensures that trials remain a true forum for justice, free from procedural irregularities or improper infringement of fundamental rights.

Copyright: Dr. Mohammed Hassan Al Raeesi Advocates & Legal Consultants retains all intellectual property rights to this content. No third party may use, copy, or modify any part of it without prior permission and without proper attribution to our firm.

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