Can Someone Withdraw a Criminal Complaint in the UAE?

Can you withdraw a criminal complaint after filing it in the UAE? In some cases, yes, but withdrawal is not available for every type of criminal complaint.

Once a criminal complaint is filed in the UAE, the matter does not always remain entirely within the complainant's control. Criminal proceedings may involve the police, Public Prosecution, and, depending on the case, the criminal court. A complainant may submit a withdrawal, waiver, reconciliation, or settlement request, but whether the case is actually closed depends on the type of offence, the stage of the proceedings, and the decision of the competent authority.

This guide explains when a criminal complaint can be withdrawn in the UAE, when withdrawal may not stop the case from proceeding, and what practical steps should be followed at the police, Public Prosecution, and court stages.

What Does "Withdrawing a Criminal Complaint" Mean?

Withdrawing a criminal complaint generally means that the complainant no longer wishes to pursue the complaint against the accused. However, withdrawing a complaint does not always mean that the criminal proceedings will automatically end.

Depending on the circumstances, you may come across terms such as:

• Withdrawal of a criminal complaint
• Waiver of the complaint
• Settlement or reconciliation
• Dropping a complaint or case
• Waiver of personal rights

These terms are not always legally identical. A private settlement between the parties does not necessarily mean that the official criminal file has been closed. Any withdrawal, waiver, or settlement should be properly documented and submitted to the competent authority handling the case, such as the police, Public Prosecution, or criminal court, depending on the stage of the proceedings.

Can a Criminal Complaint Be Withdrawn in the UAE?

Yes, a criminal complaint may be withdrawn in certain circumstances under UAE law. A victim or complainant may submit a waiver where the applicable law permits it. However, withdrawal does not automatically end every criminal case. Its legal effect depends on the type of offence, the stage of the proceedings, and the applicable legal provisions.

Before submitting a waiver, the complainant should confirm the correct procedure with the authority handling the case and understand the possible legal consequences.

What Does UAE Law Say About Withdrawing a Criminal Complaint?

Under UAE criminal procedure law, the effect of withdrawing a criminal complaint depends on whether the offence is one for which a complaint or waiver can have a legal effect. The applicable provisions and the stage of the proceedings should therefore be considered before assuming that a withdrawal will end the case.

Article 17 provides that the person who filed a complaint for an offence covered by Article 11 may waive the complaint before a final judgment is rendered. Where the legal requirements are satisfied, the waiver has the legal effect provided by the Criminal Procedures Law.

See the UAE Criminal Procedures Law for the relevant legal provisions.

Not every criminal offence falls within the complaint-based category covered by Article 11. Where a criminal action is not dependent on a victim's complaint, a private withdrawal or settlement does not necessarily bring the criminal proceedings to an end. The legal effect depends on the offence and the applicable provisions of UAE law.

Complaint-Based Offences vs. Public Interest Cases

The effect of withdrawing a criminal complaint can differ depending on whether the offence is based on a complaint by the victim or is prosecuted in the public interest. Understanding this distinction helps explain why a complainant's waiver may affect some criminal proceedings but may not automatically end others.

In complaint-based offences, the victim's complaint can be an important part of initiating the criminal action. Where the law permits a waiver, a properly submitted withdrawal may affect or bring the criminal proceedings to an end. However, the legal effect depends on the offence and the applicable UAE legal provisions, so the complainant should understand the consequences before submitting a waiver.

If you are dealing with a family-related matter, it may also be worth reviewing the services of Dubai's top family law firms, who routinely handle reconciliation proceedings alongside criminal matters.

Cases Where Withdrawal May Not Stop the Criminal Case

A complainant's withdrawal does not necessarily end every criminal proceeding. Where the offence is prosecuted in the public interest or the applicable law does not allow the complaint to be waived, the case may continue even after the complainant has withdrawn or settled the matter.

At What Stage Can a Criminal Complaint Be Withdrawn?

A withdrawal may be submitted at different stages of the UAE criminal process. The procedure differs at each stage, as explained below.

1. How to Withdraw a Criminal Complaint at the Police Stage

If the complaint is still being handled by the police, the complainant may be able to withdraw the complaint at the relevant police station or through an approved electronic channel, depending on the case and applicable procedure. The complainant may be required to submit a waiver or settlement, after which the police will typically record the withdrawal and refer the file to the Public Prosecution for review.

Even at this early stage, the police do not simply "delete" the complaint. If an offence appears to have been committed, the file may still be forwarded to the Public Prosecution — particularly where the nature of the alleged offence warrants further review.

2. During the Public Prosecution Stage

Once the file has reached the Public Prosecution, the complainant must submit the waiver directly to the prosecution or through the approved electronic system where available. The prosecution will review the offence, the waiver, the evidence, and the applicable law.

If the case is legally waivable, the prosecution may close the file or take the necessary steps to record the legal effect of the waiver. If it is not waivable, the prosecution may continue proceedings regardless.

3. How to Withdraw a Criminal Complaint During the Court Stage

If the case has already been referred to the criminal court, the complainant may submit the waiver before the judge. The court will consider whether the offence is one where a waiver carries legal effect.

• In waivable offences, the court may terminate the criminal action upon the complainant's waiver.
• In non-waivable offences, the court may still consider the waiver when assessing the penalty, but the trial may continue to its conclusion.

4. Can a Criminal Complaint Be Withdrawn After Judgment?

Article 17 of the UAE Criminal Procedures Law also addresses a waiver made after a judgment has become final for an offence covered by Article 11. In that situation, the law provides for the Public Prosecution to order a stay of execution of the penalty and the release of the convicted person.

The legal effect of a waiver depends on whether the offence falls within the complaint-based offences covered by Article 11 and whether the statutory requirements have been satisfied. The applicable procedure should therefore be confirmed with the competent authority.

Who Can Withdraw the Complaint?

The complainant who originally filed the criminal complaint may generally request its withdrawal, or a legal representative may act on the complainant's behalf under a valid power of attorney. However, a complainant's request to withdraw a criminal case does not automatically end the proceedings; the legal effect depends on the type of offence and the stage of the case.

• If the complainant is a company, the waiver should be signed by the authorised manager, legal representative, or attorney — supported by the relevant company documents.
• If the victim is a minor or legally incapacitated, the guardian or legally authorised person must act on their behalf.
• If there are multiple complainants, a waiver by only one of them may not be sufficient. In most cases, all individuals who filed the complaint must sign the waiver for it to have full legal effect.

Documents Required to Withdraw a Criminal Complaint

The specific documents required will vary depending on the emirate, authority, and case stage. However, the following are commonly required:

• Emirates ID or passport copy of the complainant
• Case number or police report number
• Written waiver or settlement statement
• Proof of settlement payment, if applicable
• Power of attorney, if a lawyer is acting on behalf of the complainant
• Company trade licence and authorisation letter, if the complainant is a corporate entity
• Supporting documents confirming that compensation has been paid or obligations fulfilled
• Court or prosecution reference number, if the case has already been transferred

The waiver statement should be clear, voluntary, and unconditional — unless the settlement itself specifically includes conditions agreed to by both parties.

Should You Withdraw Before Receiving Compensation?

In most cases, no. If compensation forms part of the settlement, the complainant should exercise caution before signing a final waiver.

A safer approach is to properly document the settlement terms, confirm the agreed payment method, receive the full agreed amount, and only then submit the waiver. If payment is to be made in instalments, the settlement agreement should clearly specify:

• The total amount agreed
• Payment deadlines for each instalment
• Consequences of default
• Whether the waiver will be submitted immediately or only after full payment is received

Does Withdrawal Remove the Criminal Record?

Withdrawing a complaint does not automatically erase all official records. The effect depends on the stage at which the case is closed:

• If the case is closed before conviction, the accused may avoid a criminal conviction on their record. However, police, prosecution, or court records may still show that a complaint was filed and subsequently withdrawn.
• If a judgment has already been issued, the effect of withdrawal on the conviction or penalty depends on the type of case, the stage of proceedings, and whether the enforcement of the sentence remains legally valid.

Anyone with concerns about a criminal record, travel ban, deportation risk, or good conduct certificate should seek proper legal advice before proceeding. Consulting one of the top criminal law firms in Dubai is strongly recommended in such situations.

Can the Complainant Reopen the Case After Withdrawal?

Generally, once a valid waiver is submitted and formally accepted by the competent authority, the complainant will face significant difficulty reopening the same complaint on the same facts. A waiver is a serious legal step and should never be signed under emotional pressure, duress, or without fully understanding its legal consequences.

If the accused subsequently fails to honour a settlement agreement after the waiver has been recorded, the complainant may need to consider pursuing a separate civil claim or exploring another legal route — depending on the precise wording of the settlement agreement and the facts of the case.

Common Mistakes When Withdrawing a Criminal Complaint

1. Signing the Waiver Before Receiving Payment

Many complainants sign the waiver first and then wait for the agreed payment. This carries significant risk. If money forms part of the settlement, the payment should be secured before — or simultaneously with — the signing of the waiver.

2. Using Vague Settlement Language

A short informal message stating "I forgive him" is unlikely to be sufficient as a legal waiver. The waiver document should clearly identify the case reference, the parties involved, the complaint number, the settlement terms, and whether the complainant is waiving criminal rights, civil rights, or both.

3. Assuming Withdrawal Always Ends the Case

This is one of the most common and serious misconceptions. As explained above, serious offences may continue regardless of the complainant's waiver. Always verify the legal classification of the offence before assuming the case will close upon withdrawal.

4. Overlooking Civil Compensation Rights

A criminal withdrawal may affect a complainant's strategy for claiming civil compensation. If you wish to preserve your right to pursue a civil claim separately, the wording of the waiver must be carefully drafted to exclude civil rights from the scope of the withdrawal.

5. Not Checking Travel Ban or Arrest Status

For accused persons, withdrawal of the criminal complaint does not automatically and immediately lift a travel ban, arrest circular, or pending prosecution action. The status of any such measures should be officially verified after the waiver is submitted and confirmed as accepted.

Practical Checklist Before Withdrawing a Criminal Complaint

Before submitting a withdrawal of a criminal complaint in the UAE, consider the following questions:

Conclusion

Yes — someone can withdraw a criminal complaint in the UAE, but not all cases can be fully resolved through withdrawal alone. In complaint-based and legally waivable offences, a properly submitted waiver may terminate the criminal action. In serious or public-interest offences, however, the complainant's withdrawal may not prevent the Public Prosecution from continuing the case.

The safest course of action is to identify the nature of the offence, document any settlement comprehensively, submit the waiver through the correct authority, and confirm the official case status afterward. A criminal complaint should never be filed or withdrawn casually — both steps carry serious legal consequences that may be difficult or impossible to reverse.

Frequently Asked Questions