Objection to Judgments in Absentia in Misdemeanors and Violations

Amanah Al-Shami

Legal Researcher at Zayed Al-Shamsi Law Firm and Legal Consultations 

Aristotle once said: “Justice is giving each person their due.” Granting the right to object is a form of giving a person their right to defend themselves before the door of justice is closed in their face. Justice cannot be built on one side alone.

Based on the belief of the UAE legislator that truth is not the absolute property of the judge or the prosecution, but rather the result of a comprehensive dialogue between all parties — and that the absence of one party may obscure part of the picture — justice, like light, must illuminate all aspects for the full image to appear. Accordingly, the legislator has organized the rules for objecting to judgments in absentia as a manifestation of procedural leniency and as an opportunity to correct the course.

Therefore, stemming from the legislator’s desire to uphold truth and justice, both the convicted person and the party responsible for civil rights are granted the right to object to judgments in absentia issued in misdemeanors and violations. This must be done within seven (7) days from the date of being notified of the judgment, by filing a report with the criminal clerk’s office at the Public Prosecution within the jurisdiction of the court that issued the judgment. The report must specify the date of the session set for hearing the objection, and this is considered a valid notification — even if the report is filed by an attorney.

One of the effects of the objection is that the judgment in absentia is considered null and void, and the case is returned to the court that issued the original judgment. It is also emphasized that the objector must not be harmed by their objection.

However, if the objector fails to attend the first session set to hear the objection, the objection is deemed null, and they are no longer allowed to file another objection against the judgment issued in their absence.

Thus, it becomes clear that the objection to judgments is, at its core, an outstretched hand to the convicted person — not to flee from justice but to seek it, to clarify their position, and to defend themselves.

As Allah Almighty says in His Noble Book:
﴾إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالإِحْسَانِ﴿ [An-Nahl: 90]
True justice is that which grants every person the right to be heard before judgment is passed. For the law is not a whip, but rather a balance.