Abu Dhabi Court of Cassation (General Assembly), Request No. 2 of 2025 (Civil), decision of 13 March 2025
Only judgments of the criminal courts have binding effect on civil courts, and only as to what they necessarily decided about the occurrence of the act forming the common basis of the two actions, its legal characterisation and its attribution to the accused. A Public Prosecution order that there are no grounds to bring criminal proceedings (أمر بألا وجه) decides only whether the case is fit to be referred to court, not guilt or innocence, so it has no binding effect before the civil courts, which may examine the facts afresh and reach a different conclusion on civil liability.
The First Commercial Chamber referred two conflicting lines of authority on whether a Public Prosecution order that there are no grounds to bring a criminal case binds the civil courts. The first line held that binding effect attaches only to judgments of the criminal courts, not to orders of the investigating authorities, because such orders do not decide the criminal case on its merits but only whether the conditions exist for referring it to court. The second line held that such an order, whether based on legal or factual grounds, acquires binding effect as soon as it is issued and remains in force unless set aside by the Attorney General or the competent court of appeal; it relied on Article 118 of the Criminal Procedure Law and the fact that, while the order stands, neither the prosecution nor a civil claimant may bring the criminal case, and concluded that a civil court may not re-examine evidence the prosecution had found insufficient where the order necessarily decided a matter common to both actions.
The General Assembly adopted the first approach. The binding effect of a criminal judgment is limited to what it necessarily decided regarding the occurrence of the act that is the common basis of the civil and criminal actions, its legal characterisation and its attribution to the perpetrator. That effect belongs only to judgments of the criminal courts. A no-grounds order means only that the conditions for prosecuting the accused are not met; it does not mean that he is innocent or that he is not civilly liable. Because the Public Prosecution, in declining to refer the case, did not examine the merits or necessarily decide a matter common to both actions, the order does not bind the civil court, which may re-examine the matter and rely on evidence contrary to the order's conclusion.
Businesses that are victims of fraud, breach of trust or similar conduct often first file a criminal complaint. This decision confirms that if the Public Prosecution closes the file without prosecuting, the company can still pursue a civil claim for the same facts, and the civil court will assess liability independently. Conversely, a defendant cannot rely on a no-grounds order as proof of non-liability.
| Article 118 of the Criminal Procedure Law (as relied on by the second line of authority) |
| Article 9 of Abu Dhabi Law No. 6 of 2024 on the Abu Dhabi Judicial Department |
“الحجية لا تثبت إلا للأحكام الصادرة من المحاكم الجزائية دون غيرها من الأوامر الصادرة من سلطات التحقيق”Short quotation from the judgment as published by the court. The full judgment is on the court’s official service.
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