The phrase when does an in absentia judgment lapse in the UAE is commonly used both as a question and to refer to more than one legal situation, so it is not enough to say that every in absentia judgment lapses after a fixed period.
The intended meaning may be a re-hearing of the case because the convicted person appeared or was arrested, or it may be the lapse of the sentence imposed by the passage of the prescription period.
To find out when an in absentia judgment lapses in the UAE, you must first determine the type of offense, whether we are talking about a felony, a misdemeanor, or a violation, and also distinguish between the re-hearing of the judgment and the lapse of the penalty by prescription.
Is an in absentia judgment pursuing you, and are you waiting for it to lapse by prescription so you can move freely inside or outside the UAE? Don’t leave your future to the passage of time alone.
Or keep reading to learn the legal prescription periods in detail
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When Does an In Absentia Judgment Lapse in the UAE?
To answer precisely the question “when does an in absentia judgment lapse in the UAE?”, a distinction must be made between the effect of absence and the methods of objecting to the judgment on one hand, and the lapse of the penalty by the passage of time on the other; they are not a single legal situation.
What Happens to an In Absentia Judgment in Felonies When the Convicted Person Is Arrested?
If a judgment was issued in absentia in a felony and the convicted person then appeared or was arrested, the Criminal Procedure Law provides that the case is heard again before the court.
Therefore, it is more legally accurate not to say that the judgment “lapses by prescription as soon as the person is arrested,” but rather that the convicted person’s appearance or arrest leads to the case being heard again under the procedures prescribed by law.
As for the convicted person remaining absent and not being arrested, this raises another issue: the period for the lapse of the sentence by prescription, which differs according to the type of offense and the penalty.
What Happens to an In Absentia Judgment in Misdemeanors and Violations?
In absentia judgments issued in misdemeanors and violations may be challenged by way of opposition in the cases and within the deadlines prescribed by law, and the opposition results in the case being heard again with respect to the opposing party before the court that issued the in absentia judgment.
Filing an opposition should not be described as “the judgment lapsing by prescription,” because prescription relates to the passage of a legal period on the penalty, whereas opposition is a method of challenging the judgment.
For the details of the deadline conditions, how to file an opposition, and its effects, you can refer to the guide to objecting to an in absentia judgment in a criminal case in the UAE.
Does an In Absentia Judgment Lapse by Prescription in the UAE?
Yes, the sentence imposed may lapse by the passage of time in the cases and within the periods set by the UAE Criminal Procedure Law.
Researchers commonly use the phrase “lapse of the in absentia judgment by prescription,” but the more legally precise expression is the lapse of the sentence imposed by the passage of time.
The period differs depending on whether the sentence was issued in a felony, a misdemeanor, or a violation, and the date from which it starts to run also differs in some cases.
When Does an In Absentia Judgment Lapse in Felonies?
Except for the cases excluded by law, the sentence imposed in other felony matters lapses after thirty Gregorian years.
If the sentence was imposed in absentia by the felony court in a felony, the lapse period starts from the day the judgment was issued.
This explains why the position of an in absentia judgment in a felony differs from a judgment issued in misdemeanors and violations in terms of when the lapse period of the sentence starts to be counted.
When Does an In Absentia Judgment Lapse in Misdemeanors?
The sentence imposed in a misdemeanor lapses after seven years, and the period starts from the date the judgment became final.
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From here, a distinction must be made between two different questions:
- When does an in absentia judgment become final?
- And how long does the lapse period of the sentence last after that?
The first relates to the methods of challenge and their deadlines, while the second is the subject of prescription, which we address here.
To explain the first case in detail, you can refer to the article When Does an In Absentia Judgment Become Final in the UAE.
When Does an In Absentia Judgment Lapse in Violations?
The sentence imposed in a violation lapses after two years, and the period starts from the date the judgment became final.
It is therefore necessary to know the date on which the judgment became final before calculating the lapse period of the sentence, instead of automatically counting the two years from the date the judgment was issued.
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Is the Passage of the Prescription Period Enough for the Sentence to Lapse?
Not always; calculating the lapse period of the sentence does not depend only on knowing the number of years, but you must also verify whether, during this period, a cause occurred that interrupts it or suspends its running.
When Is the Lapse Period of the Sentence Interrupted?
The lapse period of the sentence is interrupted in the cases specified by law, including the arrest of the convicted person under a custodial sentence, as well as taking an enforcement procedure against them or such a procedure coming to their knowledge.
The period may also be interrupted if the convicted person commits, during it, a crime of the same type as the one for which they were convicted or a similar crime, and this applies other than in violations.
The importance of interruption lies in the fact that merely counting the years from the date of the judgment may not be enough to determine whether the sentence has actually lapsed.
Can the Lapse Period of the Sentence Be Suspended?
Yes. The running of the lapse period of the sentence is suspended by any legal or material obstacle that prevents enforcement from proceeding.
For this reason, determining the date on which a sentence lapses in a particular case requires examining the procedures taken since the judgment was issued, not merely comparing the date of the judgment with today’s date.
To learn the rules relating to the enforcement stage itself, you can read the explanation of enforcing in absentia criminal judgments in the UAE.
Frequently Asked Questions
The most prominent questions about “when does an in absentia judgment lapse in the UAE”:
What is the period for the lapse of a criminal case in the UAE?
A criminal case lapses in the UAE after 20 years in felonies, five years in misdemeanors, and one year in violations, and the period is counted from the day the offense was committed.
What is the difference between the lapse of the case and the lapse of the penalty by prescription?
The expiry of a criminal case by the passage of time relates to the passing of the period set by law on the offense before the case ends with a final judgment, taking into account the procedures that interrupt the expiry period.
The lapse of a penalty by the passage of time, on the other hand, presupposes a penalty that has been imposed, followed by the passing of the legal period set for its lapse, taking into account the causes of interruption and suspension.
Distinguishing between the two situations is necessary, because the period for the expiry of the case is not the same as the period for the lapse of the penalty, and the date from which the calculation starts also differs between them.
What is meant by an in absentia judgment under UAE law?
An in absentia judgment under UAE law is a judgment issued against the convicted person when they do not attend the court sessions, including the sentencing session. As for someone who appears when the case is called and then leaves the session before it ends or fails to attend the remaining sessions, the judgment is considered to have been issued in their presence.
Does an in absentia judgment lapse after three years?
There is no general rule in UAE law stating that every in absentia judgment lapses after three years.
The period differs according to the type of offense; the lapse period of a penalty in felonies differs from that in misdemeanors and violations, and it must also be verified when the period started and whether a cause occurred that interrupted or suspended it.
Therefore, the lapse of an in absentia judgment cannot be determined merely by saying that three years have passed since it was issued, without knowing the type of offense, the status of the judgment, and the procedures taken regarding its enforcement.
With this we reach the end of our article, in which we answered the question “when does an in absentia judgment lapse in the UAE?” and clarified the difference between an in absentia judgment in felonies and an in absentia judgment in misdemeanors and violations.
We also stress the importance of seeking the best lawyers specialized in criminal cases at the Criminal Lawyer platform to obtain legal support in addressing in absentia judgments.
You may be interested in knowing the best lawyer for in absentia judgment cases in the UAE.
هل أنت في هذا الموقف فعلاً؟
اشرح قضيتك لفريق خدمة العملاء، ويتم توجيهك إلى محامٍ جنائي مرخّص في الإمارات يناسب نوع قضيتك وإمارتك واللغة التي تفضّلها.
اشرح قضيتك الآن عبر واتسابأو تعرّف على كيفية سير الاستشارة · المحتوى مراجَع قانونيًا من الدكتور المحامي محمد الرملاوي — قيد رقم 120635