Law of Evidence at United Arab Emirates
The Law of Evidence in the United Arab Emirates (UAE) is primarily governed by Federal Law No. 10 of 1992 on the Civil Procedure Law and Federal Law No. 35 of 1992 on the Criminal Procedure Law. In addition to these, the UAE has specific regulations and codes governing evidence in both civil and criminal matters.
Key Points about Evidence Law in the UAE:
Types of Evidence:
Written Evidence: This includes contracts, letters, documents, and other written materials that can serve as evidence in legal proceedings.
Oral Evidence: Statements made by witnesses in court.
Material Evidence: Physical objects or things that are relevant to the case.
Expert Testimony: Experts may be called upon to provide opinions in areas where specialized knowledge is required.
The Admissibility of Evidence:
Evidence must be relevant, lawful, and obtained without violating the rights of individuals. For instance, evidence obtained through torture or illegal means is inadmissible.
Written evidence is preferred over oral testimony, especially when the law requires certain matters to be written (e.g., contracts, financial transactions).
Burden of Proof:
In civil cases, the party making a claim bears the burden of proving it.
In criminal cases, the prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt.
Witness Testimony:
Witnesses in the UAE can be questioned by both parties in a case, but the judge has the discretion to determine how and when witnesses will be heard.
Certain individuals, such as minors, may be restricted from giving testimony, and specific rules govern the credibility of witness statements.
Electronic Evidence:
Electronic data, including emails, text messages, social media posts, and other forms of digital communication, are increasingly being accepted as evidence in the UAE, especially with the growth of technology in legal proceedings.
However, electronic evidence must meet certain standards of authenticity and reliability to be admissible.
Documents in Foreign Languages:
Documents in foreign languages must be translated into Arabic to be considered valid evidence in a court of law.
Certified translations from an approved translator are generally required.
Testimony of Experts:
Experts may be appointed by the court in specific fields (e.g., medical experts, forensic experts) to assist in determining technical or specialized facts.
The opinion of an expert is not binding on the court but can be a significant factor in the judge’s decision-making.
Presumptions:
Under UAE law, certain facts may be presumed to be true unless proven otherwise (e.g., presumptions regarding the authenticity of official documents).
Rules of Evidence in Criminal Law:
The UAE criminal procedure law provides more specific guidelines on the use of evidence in criminal cases. Evidence must be obtained following legal protocols, and illegally obtained evidence (e.g., through coercion) is generally inadmissible.
Confessions are treated cautiously; they must be voluntary and not coerced.
Role of the Judge:
The judge plays an active role in managing the presentation and evaluation of evidence. In contrast to some legal systems where parties have more autonomy in presenting evidence, the judge in the UAE often has a more central role in investigating and considering evidence.
Key Laws Relevant to Evidence in the UAE:
Federal Law No. 10 of 1992 on Civil Procedure Law
Federal Law No. 35 of 1992 on Criminal Procedure Law
Federal Law No. 2 of 2019 on Combating Cybercrimes (relevant to digital and electronic evidence)
UAE Penal Code for matters related to the criminal aspects of evidence handling.
These laws and principles form the backbone of the evidence system in the UAE, ensuring that trials are fair, the rights of individuals are protected, and that justice is served efficiently and equitably.
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