Dubai Public Prosecution had revealed that some judgments in absentia rendered in misdemeanors and petty offences were challenged, by way of opposition. During 2020, the number of challenged judgments was 205oppositions, meanwhile it reached 197 oppositions until mid of September 2021.

Adviser/ Tareq Ahmed Al Balushi, Chief Prosecutor, indicated that the figures and statistics related to the classification of judgments show the quality of judgments and efficiency of the litigation system in Dubai. This ensures equality, neutrality and impartiality before the judiciary.

Additionally, those figures and statistics reveal also the accuracy and clarity of judgments and investigations in Dubai. This positively reflects on the customers’ satisfaction and their trust in the courts and prosecution in Dubai.
Adviser/ Al Balushi added that the convict or his legal representative may challenge, by way of opposition, the judgments in absentia rendered in misdemeanors and petty offences within seven days from the date of his notification of the judgment. Opposition is initiated by filing a report with the clerk of the criminal first instance court that rendered the judgment in absentia.

The opposition report shall include the hearing date and shall be considered as notification of that date even if the report was submitted by an attorney. The accused shall attend the first hearing of the opposition, or otherwise it will be dismissed. The results of the Opposition are the review of the case, as concerns the opposing party, before the court that rendered the judgment in absentia.

The judgment in absentia issued in the opposition shall be un-opposable, but subject to appeal. Opposing party may not file an opposition on the judgment rendered in his absence by criminal court, but the trial can be repeated if the accused appeared or arrested. Oppositions in misdemeanors and petty offences issued in presence is not permitted, but it will be appealable. The Principle “prohibition of reformation peius” shall apply, which means that the appellant shall not be put in a worse position than if they had not appealed. Furthermore, the opposition does not require payment of any deposits.