Home > Extradition from Dubai (UAE) to PolandExtradition from Dubai (UAE) to Poland
In recent years, the United Arab Emirates, and particularly Dubai, have become a centre of attraction for many Polish citizens — from entrepreneurs to digital nomads. This growth of the Polish community has coincided with a fundamental change in the legal relations between the two countries. With the new legal assistance treaty coming into force, the myth of the UAE as a “safe haven” where one can hide from Polish justice has been definitively dispelled. Ukrainian citizens face the same reality — extradition between UAE and Ukraine has been governed by a formal bilateral treaty since 2013. The extradition procedure has become a reality. This new reality makes the topic of extradition from Dubai to Poland especially pressing and relevant. Anyone with unresolved legal issues in their homeland can no longer feel secure. In this article, we will provide a comprehensive analysis of the procedure, explain its legal basis, risks, and methods of defence.
The legal basis for extradition from the UAE to Poland
Extradition is not an involuntary process but a procedure strictly regulated by international and national laws. The decision to hand over a person to another state is made not at the discretion of the police but based on clear legal norms. Interaction between the UAE and Poland in this area relies on two key levels of legislation.
The first level is the internal law of the UAE, Federal Law No. 39 of 2006 “On International Judicial Cooperation in Criminal Matters”. This document serves as the general legislative framework for all extradition procedures initiated in the Emirates. It establishes general rules, defines the jurisdiction of courts and ministries.
The second, higher level is a bilateral agreement with Poland, which specifies and supplements the provisions of the federal law. When such an agreement exists between countries, its norms take precedence. Germany, Poland’s neighbour, does not yet have such a bilateral agreement with the UAE — extradition there operates on a different basis.
The most important element of this legal construct is the Principle of Specialty. Its essence is simple but extremely important for the protection of human rights. An extradited person can be convicted in Poland only for those crimes that were explicitly specified in the extradition request approved by the UAE court. The Polish side does not have the right, after extradition, to suddenly bring new, more serious charges unrelated to the original request. This is a guarantee that the procedure will not be used for unlawful prosecution.
Bilateral extradition treaty between UAE and Poland 2022
The key document that currently regulates the issues of issuance is the “Agreement between the Republic of Poland and the United Arab Emirates on Legal Cooperation in Criminal Matters”. Ratified in 2022, it became a turning point in the relations between the two countries. This treaty takes precedence over the general federal legislation of the UAE and details the obligations and procedures for both countries.
The agreement clearly defines which crimes can serve as grounds for extradition, establishes requirements for the preparation of requests and accompanying documents, and also lists the grounds for refusal of extradition. It is precisely the provisions of this document that UAE courts primarily refer to when considering requests from Warsaw. It has eliminated the legal uncertainty that previously existed and created an effective mechanism for international prosecution. Therefore, any legal defence strategy must be based on a thorough analysis of the provisions of this particular agreement.
What crimes are subject to extradition from Dubai to Poland?
Extradition is not possible for any offence, but only for those that meet certain criteria of seriousness and mutual recognition. A request for extradition will not be granted due to unpaid parking fines or a minor administrative offence. The procedure is based on two fundamental principles.
The first is the threshold of punishment. The crime must be punishable by imprisonment for a term of at least one year under the laws of both Poland and the UAE. The second is the principle of dual criminality. The act for which extradition is requested must be recognised as a crime in both countries. It does not matter what it is called in different codes; its criminal essence is what matters.
Taking these principles into account, the focus of law enforcement agencies is on the following categories of crimes:
- Financial and economic crimes. This is the most common reason for extradition requests. These include large-scale fraud, tax evasion (if it is of a criminal nature), money laundering, creation of financial pyramids, and embezzlement of assets.
- Cybercrimes and online fraud. This category includes hacker attacks, theft of personal data, online fraud, distribution of malicious software, and other crimes committed using digital technologies.
- Crimes against the individual and public order. These include serious violent crimes (murders, causing grievous bodily harm), human trafficking, illegal drug trafficking, as well as participation in organised criminal groups.
Step-by-step procedure for extradition from Dubai to Poland
The extradition process is a multi-stage legal procedure involving the law enforcement agencies, courts, and ministries of both countries. Each step is strictly regulated.
- Initiation of the process
Everything begins in Poland. The Polish prosecutor’s office or the court handling the case prepares an official extradition request. This package of documents includes an arrest warrant, a description of the crime, texts of the relevant articles of the criminal code, and evidence confirming the identity of the wanted person. Simultaneously, Polish authorities may request Interpol to issue a Red Notice. It is important to understand that a Red Notice is not an international arrest warrant but a request to law enforcement agencies in other countries to locate and detain a person until an official request is received. - Arrest in the UAE
After receiving a Red Notice or directly from Polish colleagues, the UAE police detain the specified individual. The case is immediately transferred to the prosecution, and then to the Court of Appeal at the place of detention (for example, in Dubai). The court conducts an initial review of the legality of the request and decides on the measure of restraint during the consideration of the case — this may be detention or release on bail with a travel ban from the country. - What does the UAE court examine: limits of judicial control
At this stage, the most important thing happens. The court in Dubai does not examine the case on its merits and does not decide on the guilt or innocence of the person. Its task is a formal-legal review. - Appeal in the Cassation Court: the second stage of review
If the Court of Appeal delivers a decision in favour of extradition, the defence has 30 days to appeal it. The case is referred to the highest judicial authority — the Cassation (Supreme) Court of the UAE in Abu Dhabi. This court does not review the facts but verifies whether the lower court correctly applied the law and treaty provisions. The decision of the Cassation Court is final from a judicial perspective. - Final decision of the Minister of Justice of the UAE
Even after a positive verdict from all courts, the process is not complete. The final political and legal decision on the extradition of a person is made by the Minister of Justice of the UAE through their decree. They can either approve the court’s decision and sign the extradition decree or refuse it if they believe that the extradition contradicts the sovereignty, security, or public order of the UAE. This is the final barrier where the process can be halted.
In what cases can the UAE refuse extradition to Poland?
The legislation of the UAE and the bilateral treaty with Poland provide a number of substantial grounds on which extradition may be refused. These legal guarantees are a key tool in the work of a lawyer. Refusal is possible if:
- The crime is of a political nature. Extradition for political beliefs is prohibited.
- The requested individual is a citizen of the UAE. Although the law allows exceptions, as a rule, the country does not extradite its citizens.
- The statute of limitations for criminal prosecution under UAE laws has expired.
- The person has already been convicted or acquitted for the same crime in the UAE.
- There are serious grounds to believe that in Poland a person may be subjected to torture or inhuman treatment.
- The request concerns a crime committed exclusively against military duty.
Faced with the extradition procedure between the UAE and Poland? Get advice from our lawyers
If you or your loved ones are facing the risk of extradition from Dubai to Poland, time is your main enemy. Delay is unacceptable, and every mistake can be fatal. From the moment of detention, a legal mechanism is set in motion, which cannot be opposed alone.
It is necessary to immediately contact lawyers specialising in UAE international law and extradition cases. Our team has the necessary experience and resources to protect your rights at all stages of the process. We will analyse your case, assess the risks, verify the legality of the request from Poland, and develop a strategy to prevent extradition. Contact us today to receive an urgent consultation and start taking action.
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