| المستخلص: |
This study analyses the role of the public prosecutor in the pre-trial stage in the United Arab Emirates (UAE). The study examines whether public prosecutors should have both investigation and prosecution powers, or whether these powers should be separated between different authorities. The thesis argues that in practice the powers and decisions of public prosecutors and judicial police officers are not effectively controlled and that considera-tion should be given to establishing the judge d’instruction. Chapter One provides an overview of the UAE Legal System and the main features of the Criminal Procedure. Chapters Two and Three of this study examine and discuss the Federal and Dubai Public Prosecution Ser¬vice in the UAE. The essential characteristics of the public prosecution ser¬vice and its role in the criminal justice system in the UAE are examined. One of the major concerns is with the independence of this agency, particu¬larly its independence from the executive. These chapters also consider the discretion of the UAE public prosecutors and the control of their work. Chapter Fur examines the public prosecution in France. The role and func-tion of the public prosecutor in France and of the judge destruction are ex-amined. This chapter also examines the recent reforms in France extending the role of the defense lawyer in the early inquiries. Chapter Five examines the public prosecution service in Egypt. This coun-try was chosen because it has a significant influence on criminal procedure in the UAE, including the role of the public prosecution. Egypt has also had an extensive debate in relation to whether prosecution and investigation should be in the hands of one authority or separated between different au-thorities, and the chapter reviews this debate. Chapter Six sets out and discusses the recommendations for reform that should be considered in the UAE, especially in relation to judicial supervi-sion of the judicial police officers. The chapter considers whether the UAE is a suitable environment for the application of the judge d’instruction and the recent French reforms. This chapter also makes recommendations to in-crease the independence of public prosecutors judges.
|
