What is the difference between civil law and criminal code?
Civil law is the one that regulates the daily life of individuals and the transactions of institutions and companies. Therefore, BYJUSTICE advocate and legal consultancy is keen on allocate a department to deal with disputes, including compensation cases, debt collection, contract termination, etc.
Our legal services include various types of insurance disputes in various sectors.
Criminal Code: It is a federal law which part of its principles is derived from the provisions of Islamic law. Our office includes a team of licensed lawyers representing the client charged with federal crimes within the United Arab Emirates.
Over the past years, our office dealt with a very large number of criminal cases, such as murder, rape, drug traffic, drug abuse, theft, fraud, breach of trust or dishonored cheques, until closing the file, whether in the courts (first degree, appeal, supreme), It is one of our most important principles to ensure that our clients are represented fairly during all stages of litigation.
Our lawyers are trained to deal with criminal cases from the beginning of police questioning throughout the investigations of the public prosecution and the criminal courts. They apply for bail and submit pleadings, defense and defenses in respect of all criminal cases.
Therefore, we have ensured that our expertise includes all legal matters governing the relationship between employers and workers.
What is the difference between “costs” and “fees”?
Costs: charges payable to a public legal person for a particular service, as in the case of court, litigation and expert fees, issued by the competent authority.
Fees: fees paid to the lawyer in return for providing legal services.
How shall I be charged?
BYJUSTICE advocate and legal consultancy maintains an accurate record of the legal services in connection with your case. A monthly statement will be sent by mail to you to work on your case during the previous month. The monthly statement will include a list of all the above costs incurred by the office, such as fees for insulation, registration, etc., and any expenses incurred on your behalf such as postage and photocopy / fax.
In case of emergency charges, monthly invoices will be sent for all costs and expenses incurred. You must pay these costs and expenses upon receiving the invoice. Upon collection, you will be given the final calculation of the compensation ratio. After agreement with Mr. Rashid
Shall I keep up to date with my case?
We will send you a copy of all communications, documents, pleadings, related memorandums and other materials received or sent in connection with your case. All efforts will be made to keep you updated and up-to-date with your case on your account on our website
Shall my legal rights remain confidential?
Our staff members are fully confidential, due to their knowledge of the importance of maintaining complete confidentiality in the client’s legal affairs. Under law conditions. The lawyer may not disclose any information provided by the client.
Any information provided to us will be confidentially treated and will not be disclosed without your permission. If you wish, any confidential papers you provide us will be returned when your legal cases has ended.
What is limitations?
Limitations establish a time limit to the time length a lawsuit is brought, or legal action or proceedings are instituted due to unlawful conduct. Different statute of limitations are applied to different types of civil proceedings. A single event may involve several different time limits for a lawsuit or case. As the statute of limitations varies, you can contact our layers to discuss your case in more detail.
Who will be responsible for my legal affairs?
There will be one of our lawyers in charge of your case at all times. Our trained staff will help him under his direct supervision.
Will my case be settled or will a trial be necessary?
The primary task of a lawyer is to ensure that the client has the benefit of all his legal rights. The lawyer is committed to ensure that the client receives the best possible legal services. No settlement will be made in any case without the client’s permission. When the trial is required, you will be told in details what to expect and what will be prepared for these procedures.
How much is my case?
Each case is unique and different from the others. The same responsibility is not equal in both cases, even if they appear to be similar.
There is no specific value for each case. Each case varies according to the type of case. Many factors affect the value.
There are innumerable intangible factors, which vary from case to case. In accordance with our office policy, we never give the client or potential clients an assessment of their case until the office has the opportunity to all relevant factors. Usually, this means that the value can only be determined after the office becomes a party to the case and has the opportunity to gather the information necessary for an appropriate evaluation.
What is arbitration?
Arbitration is an agreement between the parties of the contract, either in the basic contract or in a subsequent agreement, to claim any dispute that may arise between them in the execution of a particular contract before one or more arbitrators. It is also permissible to agree on arbitration in a specific dispute and under special conditions
What is an appeal?
Appeal is one of the usual means of appeal against the verdicts, where the subject of the case is considered again, in accordance with the principle of litigation two degrees until the notice is cancelled and corrected by the judgments issued by the first degree court. Litigants submit new defense and defenses knowing that the case is transferred in its case on appeal by the Court of Appeal regarding the legal stage arising from decisions taken by the Court Judge. The appeal is not a new trial, and no evidence is provided. Instead, the Court of Appeal will consider whether the court improperly ruled the legal case accurately or not.
What should I get to come to see a lawyer?
You must provide the lawyer with all evidence to support your position of the case of any kind. The lawyers will then examine them using their legal methods to obtain any documentation and evidence necessary to support your claim. However, the more useful documents and guides, especially the papers that are in your possession, in any way, which will support your position and case, the easier it is for the lawyer to work on your case. These may include hospital bills, medical reports, police reports, eyewitness information, scene photos, injuries, damage to property, and anything else you believe may be relevant. Essentially, the more useful and supportive information is available to your case, the easier it will be for the lawyer to determine whether the case will be brought up or require further action.
What are my responsibilities as a client?
Our mission is to help you with your case. Your job is to help us do this. The client will expect cooperation by providing the information and papers we request in a timely manner, attending the appointment and dismissal, and attending the court if necessary.
The full range of your responsibilities and responsibilities in your case will be set out in our fee agreement.
Disclaimer: All contents of this position, including frequently asked questions, are purely informative. The content may change in one way or another because of the changes that may occur. We hope that you seek direct advice from the legal advisor only on legal matters.
If you have any question or legal inquiry not mentioned above, please complete the form or contact our legal team on the numbers shown to our office in Dubai.
What are the limits of your defense for yourself?
When you are attacked, it is normal for you to resort to any means you deem necessary to stop the attack, but does the law permit you to do so? Are you allowed to use force to stop the attack on you?
Your defense for yourself or your money, if attacked, is a natural reaction of what is happening to you. It is not logical that the law prevents you from defending yourself by standing in front of the aggressor, but giving you this license to prevent harm from you or to prevent it from continuing. However, this right is limited by non-infringement or encroachment leading to the wrongful harm of the other. Therefore, the law sets conditions for which legitimate defense can only be achieved:
1 – If the victim cannot resort to public authorities to stop the assault on him.
The original provision for the victim is to resort to the public authorities if he is harmed, but if he is unable to do so, he resorts to legitimate defense to defend himself.
2 – There is no other way to stop the assault on him.
The defense is not considered legitimate if the aggressor has a defense, such as running away or settlement, for example.
- The defense shall be proportionate to the assault.
If a person uses a sharp machine to stop the victim from hitting him, he will cause a wound; thereby he exceeds the limits of the defense, since his defense is not commensurate with the assault.
- The danger is immediate – real – and continuous.
If the person defended after the offender had stopped to harm him, it is considered an attack rather than a defense, since the defense could only be achieved if the attack continued.
It should be noted that the law not only limited the right to defend yourself but also extended to allow you to defend others, too, if they were subjected to various kinds of assault, such as self or money harm.
The defender is also allowed to use any means he deems necessary to stop the assault on him or others, but within the limits of the law. If he exceeds these limits he is liable to the extent he exceeds, and the legitimate defense is not achieved if he is used to resist the security forces.
It is necessary to mention that the legitimate defense is a license granted by law for paying the danger, so do not make your defense turns into aggression, and then turns into a crime!
When the perpetrator reports his crime, is he exempted from punishment?!
The purpose of imposing punishment on those who violate the law is punishment in itself. The wisdom that emerges from this is much greater. It is in the interest of both the society and the perpetrator. By punishing the criminal, justice is achieved in society first and to stop the perpetrator to make him fell both of psychological and physical pain. the care and rehabilitation he received within the penal and correctional institutions create a good and peaceful person from him, then he goes out to the community to rid himself of his criminal danger, and does not constitute – at that time – any danger to those around him.
The original knowledge of all, that he commits conduct that violates the existing law and regulations which brings inevitable punishment. Are there cases that may exempt the perpetrator from punishment?
Yes, there are exceptional cases, in which the legislator considers that the exemption of the offender from criminal punishment is a greater benefit to the community than to the punishment.
What should be highlighted is that the legislator narrowed these exceptions, citing them in very specific and specific cases, that is, the judge has no power to exempt anyone from punishment except in the provision of law.
The cases in the Federal Penal Code are as follows:
- If the perpetrator informs the competent authorities of the offenses relating to the security of the State, either internal or external, prior to it and prior to their investigation.
- If the perpetrator informs the competent authorities of the place of the abducted person and the persons involved in the crime, the rescue of the abductor results.
- If the bribe or mediator informs the competent authorities of the crime of bribery, or admits it before it reaches the court.
If we think a little bit of the past, we will see that there is a wisdom foreseen by the legislator behind this exemption, which is the great benefit that will return to society, by offering temptations to the criminal to amend the crime, to avoid the damage that will be inflicted on the community if it continues doing it.
In fact, those who contemplate this will find that the benefit is not only for the community but also for the perpetrator and for the greater benefit for him, as he rescued himself from the circle of punishment once he report about the crime and helps the competent authorities reach the rest of the perpetrators.
If this is an opportunity for anyone who has started to commit one of these crimes prior to their completion or arrival for the investigation, he may have two choices, either to escape punishment to protect his society from harm before it is too late. And then he is arrested by the competent authorities, to get his fair punishment.
