Courts

Lawyers emphasized the right of the accused to appoint someone to defend him from the beginning of the case

It is a legal right to have a lawyer present during the preliminary investigation

Lawyers objected to the police’s refusal to have the lawyer present with the accused during his initial investigation at the police station, under the pretext that the role of the lawyer in defending the accused is limited to the trial stage only.

Lawyer Ali Musabah Dhahi said that some policemen refuse the lawyer to be present with his client while taking his statement at the police, and they consider that the lawyer’s role is only in court, and not since the case arose, considering that this procedure is “illegal.” He continued, “The right of the accused to appoint someone who has the ability to defend him is an inherent right guaranteed by the Constitution and the law, as the legislator required the presence of a lawyer with the accused in criminal matters. If the accused is unable to appoint a lawyer, the court appoints a lawyer to defend him, based on Article 100 of the Code of Criminal Procedure, which stipulates that “the accused’s lawyer must be able to attend the investigation and review the investigation papers, unless the Public Prosecution member deems otherwise for the benefit of the investigation.”

He added, “It is known in jurisprudence and jurisprudence that guarantees for achieving justice require that the accused be able to present to the judicial police officer what exonerates him upon his arrest, and this is what was made clear by Article (47) of the Code of Criminal Procedure, which stipulates that the judicial police officer must hear the statements of The accused immediately after his arrest, or being seized and brought. If he does not come up with what exonerates him, he will be sent within 48 hours to the competent public prosecution.” He continued that this confirms his right to appoint a lawyer since the accusation arose, whether that is before the police, investigation, or judiciary. Therefore, the presence of the lawyer chosen and accepted by the accused is a constitutional guarantee established for him by the Constitution and the law, and he may not be deprived of it. It is also in the interest of the investigator himself, as it is a testimony or evidence of the validity and integrity of the investigation. Pointing out that the role of the lawyer is no less important than the role of the judiciary in achieving the message of justice, affirming the rule of law, and ensuring the right to defend rights and freedoms.

Dhahi stressed that teaching materials in police institutes must include information about the role of the lawyer, as it is an integral part of the subjects taught in them.

Lawyer Kawthar Ibrahim said, “Lawyers suffer from not being allowed to attend with their clients at police stations, as we are asked to attend with them only in the prosecution.” She added, “It is permissible to prevent a lawyer if his presence will negatively affect the investigations, but we do not talk, but only listen during the preliminary investigation, so what prevents us from attending?” Ibrahim considered that “allowing lawyers to be present with their clients at police stations is in the interest of the police itself, given that the accused will not later claim that he was subjected to coercion and the like, because his signature on the arrest report will be in the presence of his lawyer, which will give greater credibility regarding the procedures.” . This opinion was supported by another lawyer, who refused to reveal his name, by saying that some police officers do not allow the presence of the lawyer, which greatly affects their follow-up of the investigations from the beginning. Dubai – Emirates Today

True, but..

The Attorney General of the Emirate of Dubai, Counselor Issam Issa Al-Humaidan, stated that the Dubai Prosecution launched an electronic legal magazine on iPad devices for free, in Arabic and English, with the aim of spreading legal awareness among members of society, in addition to developing a supportive technical, cognitive and financial environment.

correct…

The Public Prosecution attaches special importance to providing several electronic services, through the website, mobile phone programs, SMS, and self-service devices spread throughout the emirate.

But…

Why doesn’t the prosecution focus more on providing electronic services to customers from both sides of the case, the accused and the victim, to speed up procedures, as it provided the electronic payment service?

There is no doubt that awareness is necessary, and it helps in combating crime, thus reducing the pressure in investigations, but the services provided to clients are no less important than that.

Legal advice

* I contracted with a consultant and contractor to build a residential villa, and after completing the project, I was surprised by the contractor asking me for additional sums of money for work he had completed in the villa in agreement with the consultant, without consulting me, such as sewage extensions and marble. This is what was agreed upon at the beginning of the contract with specifications and prices. Is the additional amounts requested legally valid?

** If the contracting contract is concluded on the basis of an agreed-upon design in exchange for a total wage, the contractor has no right to demand any increase in the wage. If there is a modification or addition to the design with the consent of the employer, the agreement with the contractor shall take into account the equivalent fee, along with the value of the materials he provided that were required for the work. However, if the contract is concluded on the basis of comparison, the contractor may request a fee for excess work on the basis of the agreed upon unit. If the contract is “in lump sum”, then the wage in it is determined by a total amount known in advance, which neither increases nor decreases. However, if the contracting is based on an agreed-upon design, that is, “by comparison,” then the wage will be based on the unit. The consulting engineer acts on behalf of the employer in supervising the implementation of the contracting works, and in this capacity he has the right to request the implementation of additional works from the contractor. This does not go beyond contracting with the contractor to carry out contracting works that differ in specifications and prices from the contracting contract. In the event of such an agreement between the contractor and the consultant, the employer-owner is not bound by the effects of this agreement, unless he expressly or implicitly authorizes it.

Issa bin Haider.

Judiciary today

Medical liability

The rapid progress in medical sciences is often accompanied by the emergence of many health and psychological challenges and risks, thus highlighting medical responsibility as one of the basic controls for regulating the practice of the medical profession, in line with ethical and humanitarian principles. Medical liability laws are not limited to general rules, but also include special rules, as is the case in the Emirates, which issued Law No. (10) of 2008 regarding medical liability, which includes a set of rules, controls and provisions related to practitioners of medical professions, in terms of duties, and the mechanism Investigation, medical liability insurance, and specific penalties for medical errors. The UAE law defines a medical error as an error that is due to ignorance of technical matters that those practicing the profession are supposed to be familiar with, or resulting from negligence and failure to exercise the necessary care, or divulging medical secrets or personal information about patients. Therefore, medical error is considered a negligence or breach that is punishable. The objective standard remains flexible, leaving the judge wide scope to assess error. Therefore, the law specifies a permanent medical technical committee called the “Supreme Committee for Medical Liability,” which is responsible for studying complaints related to medical practices, and preparing reports on the presence or absence of a medical error, explaining its cause, and the damages resulting from it. In light of these laws and legislation, the UAE has taken important steps in regulating medical liability and promoting the development of the health care sector, whose value is expected to reach 43.7 billion dirhams by 2015, which was reflected in a decline in the number of complaints submitted, which amounted to 61 complaints, in the period Between January and May of this year. These results come in line with government efforts aimed at spreading awareness of patients’ rights and the duties of medical practitioners, and broadly introducing the medical liability law in the Emirates to continue developing the health care services sector, and ensuring the safety of citizens, expatriates, and visitors alike.

Dr. Jamal Al Sumaiti: Director General of the Dubai Judicial Institute.