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Criminal Cassation in the UAE: The Court of Cassation Explained

What cassation is, the grounds on which a final appeal judgment can be challenged and the deadline and formalities.

Last updated 9 October 2026. Statutes checked against the official text.

Dr Fadil Ali Alzarooni
Speak to a lawyerDr Fadil Ali AlzarooniCriminal defence, AK Criminal Lawyers

What is cassation?

It is a challenge on points of law to the final judgment of the Court of Appeal, not a re-hearing of the facts. Article 244 of the Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law) lets the Public Prosecution, the convict, the party liable for civil damages, the plaintiff and the insurer appeal in cassation on any felony or misdemeanour judgment.

The grounds are violation, misapplication or misinterpretation of the law, an invalidity affecting the judgment, a civil award exceeding what was claimed, insufficient or vague reasons, and two contradictory judgments on one incident.

What is the deadline and how is it filed?

By filing a petition containing the grounds with the court's Case Management Office within 30 days following the date of the judgment, or from service if the judgment is treated as given in presence (Article 245(1)).

A party other than the Public Prosecution needs the grounds signed by an attorney admitted before the court of cassation (Article 245(2)). The respondent is served within eight days and has eight days to reply (Article 245(3)).

Can new grounds be added later?

No. No grounds may be submitted other than those in the statement of appeal filed with the clerk's office (Article 246(1)).

The court may, on its own motion, overturn a judgment in favour of the defendant for a legal error relating to public order, a violation of the law, a wrongly formed court, lack of jurisdiction, or a new more favourable law (Article 246(2)).

What does the court do?

It dismisses an appeal that does not meet the requirements (Article 249(1)). Otherwise it adjudicates or overturns the judgment in whole or in part and remands the case to a tribunal of different judges or to the trial court (Article 249(2)).

Only the aspects on which the appeal is based are overturned, unless the aspects are inseparable (Article 251). A death sentence is deemed appealed in cassation and its execution is stayed until it is decided (Article 253).

What should I do first?

  1. Diary 30 days from the judgment

    Cassation deadline.

  2. List every ground in the petition

    No grounds can be added.

  3. Instruct an attorney admitted before the cassation court

    Required for non-prosecution petitions.

  4. Check whether the Public Prosecution also appeals

    It can change the risk.

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Frequently asked questions

What is the deadline for cassation?

30 days following the judgment, or from service where treated as given in presence (Article 245).

Is cassation a new trial?

No. It is limited to the grounds in Article 244, mainly errors of law and procedure.

Can I add grounds later?

No (Article 246(1)).

Does cassation stop a death sentence?

A death sentence is deemed appealed in cassation and execution is stayed (Article 253).

Related guides

Sources

Source: Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 28 September 2023. The Arabic text prevails over translations.

This page is general information, not legal advice.

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