Getting a Kafala or Bail in UAE criminal matters

What is “Bail” or “Kafala” in UAE?

Bail is a legal procedure that permits an accused individual to be released during the trial period or investigation.

When someone is taken into custody due to a criminal case or civil execution enforcement, usually the next concern for their relatives is whether a request or approval can be made for their release.  

The authority to issue bail, or in other words, kafala, lies with the police, public prosecution, or court, depending on the stage of the investigation procedure.

Smart Bail or Travel Ban

In 2018, the UAE introduced a new bail method that stores people’s data electronically without the need to hold their passports after issuing a travel ban. This kind of bail is usually granted by the police in financial cases involving smaller amounts. Depending on the severity of the case, bail will be granted.

Once the smart bail is granted, the accused is then strictly restricted from leaving the country during the entire duration of the investigation or trial. 

Other Types of Bail:

According to Article 109 of the UAE Criminal Procedure Code, there are-

1. Travel Ban - Where the person is released after imposing a travel ban on him. The police / public prosecution or the court have the authority to grant this type of bail. There are a few conditions that should be met by the sponsor in order for this bail to be accepted.

2. Guarantor (Passport bail) - The accused is released after keeping the passport of a third party or guarantor. The public prosecution and the court only have the authority to grant this type of bail, which is a very common form of getting the bail. Some conditions should be met by the sponsor in order for this bail to be accepted

3. Financial Bail - The public prosecutor or the judge, depending on the stage of the procedures, has the right to determine the amount of the bail, which is allocated as a sufficient penalty for the accused's failure to appear in any investigative or legal proceedings, or non-execution of the judgment, and for fulfilling all other obligations imposed on him.

4. Articles from the law regarding bail that are worth noting:

   Article (103):

   The Prosecutor may, after questioning the Accused, order the pretrial detention of the accused only if there is sufficient evidence against him or the crime is a felony or misdemeanor punishable by jail (not only a fine).

    Article (108):

   1. The person held in custody for a crime punishable by the death penalty or a life-time sentence can only be released after the approval of the Attorney General.

   2. The Public Prosecution decides on the grant of bail until the case is referred to the court. After that referral, the jurisdiction to grant bail moves to the court.

   Article (114):

   The victim has no right to submit any motion regarding detention of the Accused, and the authorities shall not hear any arguments or objections from the victim in this regard. This decision rests purely between the state authorities and the accused.

   Contact our criminal lawyer without delay if you find yourself in such a situation.

   Disclaimer: The information above is meant to spread awareness. For advice about your specific situation, please consult a qualified lawyer.