When Does an In Absentia Judgment Become Final? UAE Law Explained

A judgment may be issued in absentia when a party fails to appear in the cases specified by the Criminal Procedure Law, but a judgment issued in absentia does not mean it became final the moment it was issued. The answer to the question of when does an in absentia judgment become final in the UAE? varies according to the type of offense, the method of announcing the judgment, and whether the legally prescribed methods of challenge were used.

For this reason, a distinction must be made between an in absentia judgment issued in misdemeanors and violations, where the deadlines for opposition and appeal stand out, and an in absentia judgment in felonies, which is subject to different rules when the convicted person appears or is arrested.

When Is a Judgment Considered In Absentia in the First Place?

Before determining when an in absentia judgment becomes final, you must first confirm that the judgment is legally considered to be in absentia.

In misdemeanors and violations, if the party who was summoned to appear in accordance with the law does not attend and does not send a representative in the cases where this is permitted, the court may rule on the case in absentia.

However, the mere fact that the accused did not attend all the hearings of the case does not always mean that the judgment will be in absentia; a person who appears when the case is called and then leaves the session, or who fails to attend a later session, may have the judgment issued against them treated as rendered in their presence, according to the cases prescribed by law.

This distinction matters because describing a judgment as in absentia or as rendered in presence directly affects the route of challenge the convicted person starts from and the deadline that applies to them.

As for an in absentia judgment becoming final, this does not mean that all matters related to its enforcement are subject to a single rule; enforcement procedures and their effects differ according to the type of judgment, the stage of the case, and the procedures taken after it was issued. For the details of this stage, you can refer to the explanation of Enforcing in absentia criminal judgments in the UAE and the conditions and procedures for enforcing them.

When Does an In Absentia Judgment Become Final and Acquire Res Judicata Force?

The answer to the question “when does an in absentia judgment become final in the UAE?” requires distinguishing between in absentia judgments issued in felonies and in absentia judgments issued in misdemeanors and violations, in accordance with the provisions of the UAE Criminal Procedure Law.

An in absentia judgment issued in a felony does not become final; rather, that judgment is set aside by operation of law if the convicted person is arrested or surrenders, in which case the person is retried anew.

If the convicted person does not surrender or is not arrested, that judgment lapses by prescription under the prescription provisions of the UAE Criminal Procedure Law, 30 years after the judgment was issued, except for judgments imposing the death penalty or life imprisonment in qisas and diya crimes.

As for an in absentia judgment issued in a misdemeanor, the penalty prescribed for it lapses after seven years, whereas for an in absentia judgment in a violation, the prescribed penalty lapses after two years, counted from the date the judgment became final.

If the in absentia judgment was issued in a felony, it is dealt with differently from an in absentia judgment issued in misdemeanors and violations. If the person convicted in absentia appears or is arrested, the case is heard again before the court in accordance with the provisions of the Criminal Procedure Law.

Accordingly, the time rule for opposition in misdemeanor and violation judgments cannot be applied in the same way to an in absentia judgment issued in a felony.

As for the lapse of the penalty by the passage of time, the prescription periods, when they start to run, and the reasons for their interruption or suspension, this is a matter separate from the question “when does an in absentia judgment become final?” and you can refer to the article “When Does an In Absentia Judgment Lapse in the UAE, and Does It Lapse by Prescription?”

If the convicted person submits a request to object to the in absentia judgment and does not attend the court’s first session after the retrial, they will not be entitled to submit a request to object to the in absentia judgment issued in the opposition.

Here, if the convicted person does not move to file an appeal against that judgment within 15 days from the date of the judgment issued in the opposition, the judgment will become final.

As for judgments that the law allows to be challenged by way of opposition, the deadline for opposition, how it is submitted, and its resulting effects must be observed, because using this route may lead to the case being heard again before the court that issued the judgment. You can find a more detailed explanation of the procedures and conditions of objecting to an in absentia judgment in a criminal case in the UAE.

Frequently Asked Questions Related to In Absentia Judgments

In summary, the answer to the question “when does an in absentia judgment become final in the UAE?” is that it is not counted from the date of the judgment alone. In misdemeanors and violations, a judgment becoming final is tied to its notification to the convicted person, the opposition deadline and the ruling issued in the opposition, and then the appeal deadlines according to the status of the case. An in absentia judgment issued in felonies, by contrast, follows a different path, as the case is heard again if the convicted person appears or is arrested.

It is also necessary not to confuse the finality of a judgment with the lapse of the penalty by prescription; each has its own rules, effects, and legal deadlines.

We also stress that anyone who has an in absentia judgment and wishes to address it should appoint one of the specialized criminal lawyers at the Criminal Lawyer in the UAE platform.

You may be interested in reading when an in absentia judgment lapses in the UAE and whether it lapses by prescription.

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الدكتور المحامي محمد الرملاوي