Best Lawyer Dr. Hassan Elhais Explains Common Criminal Law Misconceptions in the UAE
The wrong beliefs regarding criminal law in the UAE may have severe outcomes on people who base their rights, the legal procedure, or the possible results of the criminal charges on the false assumptions. It is crucial to learn the truth about the functioning of criminal law in the UAE, whether one is a resident, employee, or tourist in the Emirates. Dr. Hassan Mohsen Elhais is among the most successful legal consultants in Dubai, and he has attained this status due to his over 19 years of vast experience as a lawyer and legal consultant.
His achievements as one of the most successful lawyers in Dubai are supported by his desire to apply his knowledge in educating the people about the criminal law in UAE and to dispel the myths that are likely to expose people to danger. Being a member of The European Criminal Bar Association (ECBA) and having a rich experience in defending clients during criminal proceedings all over the UAE, Dr. Elhais is in a better position to describe the most prevalent criminal law myths and give the correct information about the actual functioning of the UAE criminal justice system.
UAE Criminal Law Functions Like the West.
Among the most common and harmful myths is the belief that the criminal law of UAE functions in a similar manner as the legal systems of the United States, United Kingdom, or other western nations. Such an assumption may cause serious errors in the way people react to police interrogation, their anticipations of the court process, and their defense preparation.
Dr. Hassan earned a Master Degree and Ph.D. in Law at Monofiya University majoring in various fields of law and civil law. This theoretical basis gives him a thorough insight into the differences between the civil law system and the common law systems of the UAE.
The UAE has a civil law system, which is affected by the Islamic Shariah principles, which is not similar to the common law systems. There are no jury trials in criminal cases; judges decide guilt and innocence. The burden and standard of proof, rules of evidence, procedural requirements, and the role of legal precedent all differ significantly from Western systems. Dr. Elhais emphasizes that expatriates must understand these differences to protect their rights effectively.
You Have the Right to Remain Silent Like in Western Countries
Most expatriates believe that they have the right to keep quiet when asked by the police just as in the United States or the United Kingdom. This myth may result in the wrong attitude to police investigations and the lack of understanding of the legal requirements.
Dr. Elhais belongs to The European Criminal Bar Association (ECBA), which demonstrates his professional experience in the field of criminal defense and his knowledge of the functioning of the criminal procedure in the UAE in relation to other jurisdictions. His books with Lexis Middle East on UAE International Crime Law, Money Laundering and Terrorist Financing, and Fraud, Theft and Tax Evasion testify to his in-depth understanding of the UAE criminal law.
Although the UAE legal system does grant some rights to defendants, the right to remain silent works in a different way compared to the common law jurisdictions. There are situations when a person can be obliged to disclose information to the authorities and the inability to cooperate can be punishable by law. This, however, does not imply that people should respond to any questions without the services of a lawyer. Dr. Elhais recommends that clients should have a lawyer present as soon as they are in touch with the police in order to know their rights and responsibilities in each case.
Minor Offenses Are Not Taken Seriously.
There are those who have a misconception that minor criminal offenses in the UAE will be followed by warnings or light penalties, as some minor offenses may be in their countries of origin. Such a misperception may cause irresponsible actions and disbelief when even minor offenses have severe legal outcomes.
The UAE does not take any criminal offenses lightly even those that may be regarded as minor offenses in other jurisdictions. Drug and alcohol-related crimes, indecent conduct in the streets, on the internet, bounced checks and ethical conduct may lead to serious punishment such as incarceration and deportation.
Dr. Elhais has dealt with many cases when people were shocked by the extent of consequences due to what they believed to be violations. His experience demonstrates the importance of understanding UAE legal standards and complying with all local laws regardless of how they compare to laws in other countries.
You Can Handle Criminal Charges Without a Lawyer
There are those who think that they can go through criminal charges alone especially when they think that the case is a simple one. Such a myth is usually based on overconfidence in the knowledge of the legal system or the wish to save legal expenses.
Dr. Hassan Elhais is a specialist in the development of detailed statements of claim and strategic consultations. His experience in criminal defense proves that even the simplest criminal cases are not that simple and the importance of having qualified legal representation.
The UAE criminal justice system is complicated, works in Arabic, has certain procedural requirements, and needs the knowledge of the substantive criminal law and procedures. In the absence of competent legal counsel, one runs the risk of making self-incriminating statements, missing deadlines in the process, failing to deliver evidence in the best possible way, accepting poor plea bargains, and getting a more severe sentence than is warranted. Misconception 6: You Can not use Police Statements against you.
There are those who feel that anything said to the police cannot be used in a court of law or that they can say whatever they want to say and retract or alter them later without any repercussions. This myth may result in irresponsible utterances in the process of police interrogation.
Interrogations that are given to police during investigations may be utilized as evidence in criminal proceedings in the UAE. Once statements have been provided and recorded it can be very hard to take them back or change them and this can be very damaging to credibility.
Dr. Elhais points out the extreme caution that one must take when talking to police and that it is necessary to consult legal counsel before uttering any words. His strategic plan involves giving advice to clients on what they must legally give and how to answer questions in the most ways that safeguard their legal interests.
How Dr. Elhais Clears up Misunderstandings and Secures Clients.
The strategy of criminal defense used by Dr. Hassan Elhais starts with the education of the clients. He makes sure that the clients are aware of the truth about UAE criminal law and dispel any misconceptions that may work against their defense. His transparent communication style, noted by numerous clients, creates an environment where clients feel comfortable asking questions and can make informed decisions based on accurate information rather than dangerous assumptions.
Abed Awad, an employee of Dr. Elhais over 15 years, says he has produced work product and legal advice of the utmost quality and adds that he has the following qualities: competent, professional, knowledgeable, analytical and strategic thinker, honest. Such experience and integrity will make sure that the clients are not given unrealistic evaluations but false promises founded on misunderstandings.
Academic and Media Achievements.
Not only is Dr. Elhais one of the finest criminal lawyers in Dubai, but he is also a prolific writer and columnist who has a talent of breaking down the UAE laws to the broader population in a way that is easy to digest and comprehend. His informative articles are featured in the leading local and international news outlets, and the readership of The National and Khaleej Times has enjoyed the privilege of Dr. Elhais responded to their most commonly posed questions regarding the UAE criminal law.
Dr. Elhais is an author published by Lexis Middle East with books on UAE International Crime Law, Money Laundering and Terrorist Financing, Fraud, Theft and Tax Evasion, and so on. Dr. Elhais has also been featured on The Agenda with Georgia Tolley on Dubai Eye 103.8, Al Aan TV, and various other radio and television interview programs in addition to being the author of more than 300 local and international publications. His brilliant remarks on the law have found their way to the pages of numerous international news outlets, such as Bloomberg, Reuters, The Associated Press, and the Washington Post.
Professional Memberships and Credentialing.
Dr. Elhais is a duly licensed legal consultant in the UAE, a member of a number of prestigious international legal organizations such as The European Criminal Bar Association (ECBA), The International Academy of Family Lawyers (IAFL), The International Bar Association (IBA), Egypt Bar Association, the International Lawyers Network (AEUROPEA), Union International de Avocats (UIA), and an Associate Member of The American Bar Association (ABA). His membership in The European Criminal Bar Association (ECBA) is particularly relevant to his criminal law practice. The British Embassy in Dubai, the Australian Embassy in Abu Dhabi, and the Canadian Embassy have all previously listed Dr. Elhais in their Lawyers’ List.
Awards and Global Recognition
Dr. Elhais has won more than 30 awards and accolades including multiple “Legal Consultant of the Year” awards from Corporate LiveWire, ACQ5 Global Awards for Civil Law, Global 100, and other renowned awarding bodies. Dr. Elhais received the best legal consultant of the Year award in 2018 and 2019 by Global 100, Legal’s Finest in Civil Law in 2017, and M&A Today in 2016. Awatif Mohammad Shoqi Advocates & Legal Consultancy is proud to have Dr. Elhais as part of our law offices in Dubai. For accurate information about UAE criminal law and expert criminal defense, contact us to schedule a consultation with Dr. Hassan Mohsen Elhais at professionallawyer.me.
Frequently Asked Questions (FAQs)
How does UAE criminal law differ from Western systems?
UAE uses a civil law system influenced by Shariah principles with no jury trials, judges deciding cases, different burden of proof, evidentiary rules, and procedural requirements than common law systems. Understanding these differences is essential for effective defense.
Do I have the right to remain silent in the UAE?
Rights differ from Western systems. In some circumstances, individuals may be required to provide information to authorities. Always seek legal counsel immediately upon police contact to understand specific rights and obligations in each situation.
Are minor offenses treated leniently in the UAE?
No. UAE takes all criminal offenses seriously. Violations involving drugs, alcohol, public behavior, online activity, bounced checks, and moral conduct can result in imprisonment and deportation regardless of how they’re treated elsewhere.
What consequences beyond deportation should I worry about?
Criminal charges can result in detention, imprisonment, travel bans, criminal records affecting future visas worldwide, professional reputation damage, financial penalties, asset seizures, and impacts on family members’ residency status beyond deportation.
Can I handle criminal charges without a lawyer?
No. UAE criminal justice system is complex, operates in Arabic, requires understanding procedural rules and substantive law. Without qualified representation, individuals risk harmful statements, missed deadlines, ineffective evidence presentation, and harsher penalties.
Can police statements be used against me in court?
Yes. Statements made to police during investigations can be used as evidence. Retracting or modifying statements later is extremely difficult and damages credibility. Seek legal counsel before making any statements to authorities.
Is online activity subject to UAE criminal law?
Yes. UAE criminal law applies to online activity conducted within the UAE. Cybercrime laws strictly enforce offenses including defamation, inappropriate content sharing, privacy violations, rumor spreading, and conduct violating public morals.
Can business disputes become criminal matters in the UAE?
Yes. Bounced checks are criminalized, fraud allegations can arise from transactions, breach of trust carries criminal penalties, and employment disputes can involve criminal charges. Business owners need counsel understanding both commercial and criminal law.
Do all lawyers have equal criminal defense expertise?
No. Criminal law requires specialized knowledge of UAE criminal statutes, court experience, evidentiary rules understanding, strategic defense thinking, and prosecutor relationships. Dr. Elhais’s ECBA membership and 19 years experience demonstrate the required specialization level.
