Resolving Your Criminal Case in the UAE: When Is Conciliation an Option?

Before you consider the matter closed, a criminal lawyer in Dubai can explain how your settlement affects the complaint, criminal proceedings and any compensation claim.

The money has been returned. A settlement has been signed, and the complainant has agreed to withdraw the complaint. You might reasonably think there is nothing left to resolve. But an agreement between the parties does not necessarily bring a criminal case to an end.

In the UAE, the legal effect of a settlement depends on the offence involved. Some offences allow criminal conciliation or waiver, while others cannot be concluded simply because both sides have reached an agreement. The stage of the proceedings and how the settlement is formally recorded also matter.

Before treating the case as closed, you need to understand which proceedings or claims the settlement actually resolves and whether further steps are required. The relevant rules are set out in Federal Decree-Law No. 38 of 2022 on Criminal Procedures, as amended by Federal Decree-Law No. 45 of 2023.

Start With the Offence, Not the Settlement

Before discussing what the parties have agreed, the legal classification of the crime has to be checked.

Articles 348 and 349 of the law deal with criminal conciliation and the offences for which it may be available. Article 349 also extends to certain misdemeanours and infractions where another law permits the criminal action to end through conciliation or waiver.

That distinction can change the entire discussion.

A complainant saying, “I do not want to continue,” does not by itself answer what happens next. Nor does repayment automatically bring proceedings to an end.

The practical starting point is therefore the offence recorded in the case and the law attached to it. Only then does it make sense to discuss what a withdrawal, settlement or waiver can achieve.

What Was Signed Matters Too

There is also a difference between reaching an understanding privately and establishing criminal conciliation in the form recognised by law.

Article 350 allows conciliation to be established before the Public Prosecution or the competent court by those entitled to do so. The law also recognises a duly attested instrument where the statutory requirements are satisfied.

If the settlement is recorded through a conciliation report, the terms are documented, signed and approved through the Public Prosecution.

One detail deserves particular care. A request to establish conciliation under Article 350 cannot be conditional or limited to a particular period.

That rule should not be confused with criminal mediation. A mediation agreement under Article 356 may contain obligations that have to be performed within an agreed timeframe.

This is why lawyers need to look beyond the heading on a document. A paper described simply as a “settlement agreement” may deal with several different things at once, such as repayment, compensation, return of property and the criminal complaint itself.

Mediation Works Differently

Criminal mediation has its own procedure.

Under Article 352, the Public Prosecution may use mediation before an eligible case is referred to the Criminal Court. The offence must be one that can legally end through conciliation or waiver.

The process also requires the involvement and consent of the relevant parties. The Public Prosecution must consider mediation capable of compensating the victim or dealing with the effects of the offence.

If the parties agree, the terms are put into writing and submitted for approval. Those terms can require the defendant to do something within an agreed period. If the obligations are not performed, the Public Prosecution may bring the criminal action back into the normal prosecution process.

That is very different from two people simply agreeing between themselves that the matter is settled.

Compensation Can Survive the Criminal Settlement

This is where many settlement documents require particularly careful reading. Settling a criminal case does not always mean that related civil claims are resolved.

Article 358 preserves the civil rights of the victim or another injured party unless those rights have been waived or dealt with in the conciliation agreement.

So the criminal case and the compensation position need to be considered separately.

A defendant may believe everything has been resolved, only to face a later civil claim. A complainant may also lose important legal rights if the settlement agreement includes terms they did not intend to accept.

Anyone comparing the best legal companies for a criminal settlement should therefore look at how carefully the agreement separates criminal consequences from civil compensation.

Timing Makes a Difference

Conciliation is not limited to the early days of a case.

Article 350 allows it to be established at different stages of the proceedings, including after a judgment or criminal order has become final.

But the legal effect is not the same in every situation.

Article 357 deals with what follows from conciliation. Depending on when it takes place, the result may involve termination of the criminal action or a stay of execution of the judgment.

That makes the procedural stage important. A settlement discussed while the matter is still before the Public Prosecution is not necessarily going to have the same effect as conciliation reached after a final judgment.

Plea Bargaining Is Something Else Again

Plea bargaining is sometimes mentioned alongside settlement and conciliation, but it follows a different statutory route.

The Criminal Procedures Law gives plea bargaining its own rules. Certain misdemeanours may fall within that procedure, while separate provisions deal with qualifying felonies punishable by determinate imprisonment.

The Public Prosecution plays a central role, and the procedure has its own requirements, exclusions and consequences.

Conclusion

Conciliation, mediation and plea bargaining should therefore not be treated as three names for the same process. Which route is available depends on the offence, the evidence and where the case currently stands.

AY Advocates advises and represents individuals and businesses in criminal matters involving police complaints, Public Prosecution investigations, court proceedings, fraud, breach of trust, cybercrime, assault and financial or white-collar allegations.

Frequently Asked Questions