Can Someone Withdraw a Criminal Complaint in the UAE?

One of the most frequently asked questions in UAE criminal law is: "Can I withdraw a criminal complaint after filing it?" The short answer is — yes, in some cases, but not in every case.

Once a criminal complaint is filed in the UAE, the matter does not always remain entirely within the complainant's control. Criminal proceedings involve the public interest, the police, the Public Prosecution, and in many instances 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 the case has reached, 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This guide explains when a criminal complaint can be withdrawn in the UAE, when withdrawal may not stop the case from proceeding, and what practical steps should be followed.

What Does "Withdrawing a Criminal Complaint" Mean?

Withdrawing a criminal complaint generally means that the complainant no longer wishes to pursue the case against the accused. In practice, this action may be referred to using different terms:

• Withdrawal of complaint
• Waiver of complaint
• Settlement or reconciliation
• Dropping the case
• Waiver of personal rights
• No-objection to closing the complaint

These terms are not always legally identical. A private settlement between the parties is not the same as an official waiver recorded before the police, Public Prosecution, notary, or court. For a withdrawal to carry legal weight, it must be properly documented and submitted to the correct authority in the manner required by UAE law.

Can a Criminal Complaint Be Withdrawn in the UAE?

Yes — a criminal complaint can be withdrawn in the UAE if the offence is legally capable of being waived or settled. This commonly applies to complaint-based offences and certain minor or private disputes where the law allows the victim's waiver to affect the criminal proceedings.

For serious crimes, offences involving public order, state security, drugs, serious violence, major financial crimes, or offences where the Public Prosecution considers the public interest to be at stake, the case may continue even after the complainant has forgiven the accused.

Complaint-Based Offences vs. Public Interest Cases

UAE criminal law draws a fundamental distinction between two categories of offences:

In complaint-based offences, the victim's complaint is the legal foundation for initiating the criminal action. If the complainant validly waives the complaint in the legally required manner, the criminal action may come to an end. This is why legal advice is essential before filing — or withdrawing — a complaint, because a waiver can have serious consequences and may be difficult to reverse.

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

Even if the victim forgives the accused, certain offences are prosecuted in the public interest and may continue regardless. These typically include:

• Drug offences
• Serious assault or violent crimes
• Crimes involving weapons
• Serious cybercrime offences (see: top cybercrime law firms in Dubai)
• Public security and state security offences
• Serious fraud or organised criminal activity (see: fraud defence lawyers in Dubai)
• Money laundering and financial crime (see: AML compliance lawyers in Dubai)
• Human trafficking
• Offences involving government authorities
• Cases where the applicable law does not permit waiver or settlement

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. During the Police Stage

If the complaint is still being handled by the police, the complainant may attend the relevant police station or use the approved electronic channel to submit a waiver or settlement. 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. 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. After Judgment

In some complaint-based offences, a waiver submitted after judgment may affect the enforcement of the penalty, depending on the applicable law and the stage of proceedings. This must be handled carefully through the Public Prosecution or court procedures, and professional legal advice is essential at this stage.

Who Can Withdraw the Complaint?

The complaint should generally be withdrawn by the person who originally filed it, or by that person's legal representative acting under a valid power of attorney. Key points to note:

• 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
• Court or prosecution reference number, if the case has already been transferred
• Supporting documents confirming that compensation has been paid or obligations fulfilled

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