Al Tamimi & Company

Judgment: the res judicata effect of a criminal judgment on a civil case

In an appeal from a Court of Appeal judgment, the courts emphasised the principle regarding the res judicata effect of a criminal judgment on a civil case.

The courts held that the civil court is bound by a judgment issued in a criminal case but only in relation to the matters decided in the criminal judgment that are common to both the criminal and civil proceedings, the legal description of the act and it can be attributed to the perpetrator. The Court referenced Article 269 of the Law of Criminal Procedures and Article 50 of the Law of Proof regarding the res judicata effect of a criminal judgment.

If the criminal court has made a conclusive determination of these matters, then the civil court must be bound by it in civil actions relating to it, and must not reopen those issues, as that would be contrary to the principle of res judicata in respect of the previous criminal judgment. The res judicata force applies to everybody, notwithstanding that they were not parties to the criminal case…

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Overview

Al Sila Tower
Level 26
Al Sowwah Square
Al Maryah Island
Abu Dhabi
PO Box 440
United Arab Emirates

Total lawyers: 230