How Do I Claim Compensation As A Victim Of A Crime In Dubai?
A person who files a criminal case against another person or party is seeking justice in terms of the crime having been committed. This will not, however lead to a payment of compensation being made to them without further action. Even in the event the accused is found guilty and made to pay a fine, that fine is paid to the court and not to the person who made the complaint (in essence, the person was found guilty of committing a crime against the law of the UAE). To make a claim for compensation, a case must be filed in the civil court.
With the case filed in civil court, it is possible for the judge in the criminal case to make the award of compensation at the time of judgement in the criminal matter, provided there is not an onerous burden placed on the criminal court in terms of determining the weight or validity of the damages claimed. If this is the case, the criminal judge will insist the claim for compensation is pursued in the civil court.
Even if the defendant is found not guilty of the criminal proceedings, the case for compensation may still have merit if there are elements such as breach of contract to consider (which are not covered by the criminal proceedings).
If during the crime, damage was done with financial consequence to an insurer, the insurer can make a claim for compensation at any time during the criminal proceedings.