Converting a Criminal Report to a Civil Dispute: When Does the Prosecution Archive the Report?

19 September 2026

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Converting a Criminal Report to a Civil Dispute: When Does the Prosecution Archive the Report?

Converting a Criminal Report to a Civil Dispute: When Does the Prosecution Archive the Report?

Closing a criminal complaint (filing it without action) by the Public Prosecution simply means the prosecution has found that the matter before it is not fit for criminal proceedings: either what happened is not a crime at all but a breach of contract or a dispute over a debt, or the evidence is not sufficient to refer the accused to court. In that case the criminal complaint turns into a civil dispute: the criminal file is closed, and the financial right remains, to be claimed before the civil court. The difference between a criminal complaint and a civil dispute is not a formality; a complaint opens the door to investigation, detention and travel bans, whereas a civil claim ends only in a judgment for compensation or repayment. That is why people in Dubai look for a criminal lawyer in Dubai before filing a complaint or as soon as they receive the closure decision, because the correct legal characterisation of the facts from the outset is what decides whether the road is criminal or civil.

In this article we explain when the Public Prosecution closes a complaint, the difference between closing the case and the order that there are no grounds for prosecution, the situations in which a complaint becomes a civil dispute, what the complainant and the person complained against should do after closure, and the deadlines that cannot be recovered once missed.

What does closing a complaint by the Public Prosecution mean?

The Criminal Procedure Law distinguishes between two decisions that many people confuse. The first is the order to close the case, issued in misdemeanours and contraventions after the police evidence-gathering stage, when the prosecution finds there is no reason to proceed. The second is the order that there are no grounds for bringing the criminal action, issued after the prosecution has actually investigated the facts; in felonies it takes effect only after the Attorney General's ratification. In both cases the practical result is the same: the criminal track ends, the accused is released if detained, and the fate of any seized items is decided.

The order that there are no grounds for prosecution must be reasoned and must be served on the victim and on the civil claimant, and it is that service that starts the appeal period. This is where consulting a law firm in Dubai matters: a lawyer reads the reasons for closure and decides whether an appeal is worthwhile or whether the better route is to go straight to a civil claim.

When does the prosecution close a complaint and treat it as a civil dispute?

From daily practice before the prosecutions in Dubai and the UAE, complaints are closed and the facts characterised as a civil dispute in the following situations:

The facts are a breach of contract, not a crime

Someone bought goods and did not pay, borrowed money and did not repay it, or a contractor delivered late. These are matters governed by the Civil Transactions Law; non-performance gives rise to contractual liability and compensation, not punishment. The rule the prosecution applies is that mere failure to pay a debt is neither fraud nor breach of trust unless fraudulent means or a fiduciary capacity are proven.

The elements of the crime are missing

Fraud under the Crimes and Penalties Law requires the use of fraudulent means, a false name or a false capacity capable of deceiving the victim and inducing him to hand over the money. If the victim handed over the money willingly in a clear commercial deal and then lost it, the loss alone does not constitute the material element of the crime, as we explained in our article on fraud in gold trading.

Insufficient evidence

The facts may be a crime in theory, but the evidence is not enough for referral: no documents, no witnesses, and contradictory statements. The prosecution then issues an order that there are no grounds for prosecution for insufficient evidence, and the door stays open to reopen the investigation if new evidence appears.

The facts are not punishable by law

The clearest example is a cheque returned for insufficient funds, which is no longer a crime and has become an executive instrument enforced directly. Anyone who files a criminal complaint about it finds the complaint closed and is directed to civil enforcement, as we explained in when does a bounced cheque become a criminal complaint.

The complaint period has expired or the complaint was withdrawn

In complaint-based offences such as insult and defamation, and in theft, fraud and breach of trust between spouses, ascendants and descendants, the complaint is not accepted after three months from the day the victim learned of the crime and its perpetrator. Withdrawal of the complaint or a criminal settlement also ends the criminal action, leaving only the civil right.

Breach of trust, fraud and civil dispute: the difference

The question that decides most financial complaints is: in what capacity did the accused receive the money? Breach of trust under the Crimes and Penalties Law occurs only when the money was handed over by way of deposit, lease, pledge, loan for use or agency, and the accused then embezzled, used or dissipated it to the detriment of the owner. If the money was handed over under a sale, a loan, a partnership or a profit-sharing arrangement, ownership passes to the recipient, and failure to return it is a civil debt, not embezzlement.

That is why many complaints filed by partners against each other over company funds, by lenders against borrowers, or by buyers against sellers who delivered late are closed and characterised as civil or commercial disputes. Conversely, complaints are accepted when it is proven that the accused received the money as an agent or trustee and disposed of it for himself, as in cases of misuse of a power of attorney, or when deception is proven from the start, as in fraud on trading platforms and fraud in cryptocurrencies and forex.

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The most frequent mistake we see is filing a criminal complaint over a plain contractual dispute; the complaint is closed months later, and in the meantime the debtor has disposed of his assets. The right approach for a creditor is to start with a precautionary attachment and a civil claim, and to leave the criminal track for facts in which the elements of a crime are actually present.

Lawyer Awadh Almheiri

What should you do after closure if you are the complainant?

Closing the complaint does not mean your right is lost, but it does mean you have two tracks with fixed deadlines, and you must choose quickly:

Appeal

Appealing the order that there are no grounds for prosecution

The victim and the civil claimant may appeal the order that there are no grounds for prosecution when it is based on the absence of the charge, on the facts not being punishable, or on insufficient evidence. The appeal is filed by a declaration at the criminal registry within ten days of being served with the order; the Court of Appeal hears it in chambers, may order supplementary investigations, and its decision is final. The Attorney General may also revoke the order in misdemeanours within three months of its issue.

Evidence

Requesting the investigation to be reopened on new evidence

The order that there are no grounds for prosecution bars any return to the investigation unless new evidence appears: witness testimony, documents or electronic evidence not previously presented to the prosecution and capable of strengthening evidence found insufficient. This is where the lawyer's role in gathering what was not submitted comes in, because WhatsApp messages, bank transfers and correspondence are valid evidence once properly documented.

Claim

Civil claim for the amount

If your debt is established in writing, fixed in amount and due, the fastest route is a payment order under the Civil Procedure Law: you serve the debtor with a demand to pay within at least five days, then file a petition on which the judge issues the order within three working days. If the debt is not established in writing, you file an ordinary civil action; it is possible to prove a debt without a written instrument through presumptions, testimony and correspondence.

Security

Precautionary attachment before judgment

A creditor may apply for a precautionary attachment over the debtor's assets if the debtor has no stable residence in the UAE, if the creditor fears he will flee or hide his assets on serious indications, or if the creditor holds an official or private instrument for a debt that is due. This measure replaces the pressure a criminal complaint used to provide and protects your right until judgment and enforcement.

An important note: if you had already claimed civil rights before the prosecution or the criminal court and the criminal action then lapsed, your civil claim is referred to the civil court and does not fall away. If the debtor is abroad, see our article on filing a lawsuit against a person outside the UAE. In Dubai you may also have to go through mandatory conciliation before certain lawsuits.

And if you are the person complained against?

Closure of the complaint or an order that there are no grounds for prosecution is the best possible outcome on the criminal track: you are released if detained, precautionary measures over your assets end, and any travel ban or bank account freeze resulting from the complaint is lifted. But note three points:

The civil right remains

Closure decides that the facts are not a crime or that the evidence is insufficient; it does not decide that you owe nothing. Expect a civil action or a payment order, and prepare for it with the same documents you used before the prosecution.

The order may be revoked or appealed

The order that there are no grounds for prosecution is not final the moment it is issued; the victim may appeal it within ten days of service, the Attorney General may revoke it in misdemeanours within three months, and the investigation may be reopened on new evidence. Keep everything that proves your position.

Compensation for a malicious complaint

If it is proven that the complaint was filed maliciously, you may ask the court for compensation for the harm caused by the malicious accusation, and the criminal court may award compensation against anyone it convicts of the crime of false reporting. We explained your detailed rights in a complaint filed against me at Dubai Police and accused of a crime in the UAE.

Legal deadlines you must know

10 days

to appeal the order that there are no grounds for prosecution, from the date you are served with it

3 months

to file the complaint in complaint-based offences, from the day the victim learns of the crime and its perpetrator

3 months

during which the Attorney General may revoke the order that there are no grounds for prosecution in misdemeanours

5 days

minimum period of the demand to pay served on the debtor before applying for a payment order

15 days

to object to a payment order, from the date the debtor is served with it

Practical tips before filing a complaint and after closure

Before filing a complaint, ask yourself: did I hand over the money as a deposit or under an agency, or under a sale or a loan? The answer decides whether the route is criminal or civil, and saves you months.

Do not rely on a criminal complaint as a tool of pressure to collect a debt; if it is closed you may face a claim for compensation for malicious accusation, and you will have lost the time for a precautionary attachment.

Keep a copy of the closure decision and the date you were served with it, because the appeal period is only ten days and runs from service, not from issue.

Gather the new evidence before asking for the investigation to be reopened: account statements, authenticated messages and witness testimony, because the prosecution will not reconsider the same evidence.

If you are the person complained against, ask your lawyer to attend the investigation with you from the start, because the statements recorded in the first report are what the reasons for closure or referral are built on.

In disputes between partners, start by reviewing the partnership agreement before any complaint; the court and the prosecution read the facts through the contract, not through the complaint.

Legal references

Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedure Law
Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law, as amended by Federal Decree-Law No. 13 of 2025
Federal Decree-Law No. 42 of 2022 promulgating the Civil Procedure Law
Federal Decree-Law No. 25 of 2025 on Civil Transactions

Has your complaint been closed, or has a complaint been filed against you? AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS determines the right route for you: appeal, reopening the investigation, or a civil claim

We review the prosecution's decision and its reasons within the legal deadline, and prepare the appeal against the order that there are no grounds for prosecution or the application for a payment order and precautionary attachment, in Dubai and across all the Emirates.

AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS

Frequently asked questions about closing a complaint and converting it into a civil dispute

QWhat is the difference between closing the complaint and the order that there are no grounds for prosecution?

The closure order is issued in misdemeanours and contraventions on the basis of the evidence gathered by the police, without a prosecution investigation. The order that there are no grounds for prosecution is issued after an investigation by the prosecution, must be reasoned and served on the victim, and it is the one appealed before the Court of Appeal within ten days.

QDoes closing the complaint mean the accused is acquitted?

No. Closure is a prosecution decision not to proceed with the criminal action, not a court judgment of acquittal. Its practical effect is to end the criminal track, but it does not prevent a civil claim for the same right, and it may be reversed on new evidence.

QCan I file a civil case after the criminal complaint is closed?

Yes; that is the natural route after closure. You file a civil action, or apply for a payment order if the debt is established in writing, with the possibility of a precautionary attachment over the debtor's assets to protect the right until judgment.

QHow do I challenge the closure of a complaint at the prosecution?

By a declaration at the criminal registry within ten days of being served with the order, setting out your objections to the reason for closure. The Court of Appeal hears the challenge in chambers, and if it overturns the order it returns the file to the prosecution with a reasoned decision for referral to the criminal court.

QWhen is non-payment of a debt fraud and when is it a civil dispute?

It is fraud when fraudulent means, a false name or a false capacity were used to deceive the victim and induce him to hand over the money. If the money was handed over willingly under a valid contract and the other party then refused to pay, the matter is a civil dispute in which compensation and repayment are claimed.

QIs a bounced cheque a criminal complaint or a civil dispute?

A cheque returned for insufficient funds has become an executive instrument enforced directly before the enforcement judge without a complaint; the criminal track remains only in specific cases such as bad faith, deliberately issuing a cheque without funds, or forgery. See our article a cheque in my name bounced in the UAE.

QCan the prosecution reopen a complaint after closing it?

Yes, if new evidence appears that was not previously presented to it and is capable of strengthening evidence it found insufficient, such as witness testimony, reports or electronic evidence. The Attorney General may also revoke the order in misdemeanours within three months of its issue.

QAm I entitled to compensation if a malicious complaint was filed against me and then closed?

Yes. The accused may ask the court for compensation for the harm caused by a malicious accusation, and the criminal court may award compensation against anyone it convicts of false reporting, in addition to a civil compensation claim for material and moral harm.

QIs a travel ban lifted automatically after the complaint is closed?

Precautionary measures linked to the criminal action end when the order that there are no grounds for prosecution is issued, but actually lifting the ban requires follow-up with the authority that imposed it, and a separate civil travel ban may remain if it was issued in a civil case or in enforcement.

QDo I need a criminal lawyer in Dubai for a complaint that was closed?

Yes, if the amount is large, if the reasons for closure can be challenged, or if you have a civil route ahead that needs a precautionary attachment. The lawyer is the one who reads the reasons for closure and decides whether it is better to appeal the order, ask for the investigation to be reopened, or go directly to the civil court.

Legal Disclaimer

This content is provided for legal culture and community awareness only. It is not legal advice and does not replace consulting a licensed lawyer to examine the facts of each case, as the outcome differs with the documents, circumstances and legislative amendments.
In the event of any discrepancy between this translation and the Arabic text, the Arabic text shall prevail.

Dubai

AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS in Dubai: a criminal lawyer in Dubai to follow up complaints before the Public Prosecution, challenge the closure of a complaint, appeal the order that there are no grounds for prosecution, and convert the dispute into a civil claim, payment order and precautionary attachment before the Dubai courts.

Other Emirates

We provide the services of a criminal lawyer and a civil litigation lawyer in Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah: filing and following up complaints, challenging closure decisions, compensation claims for malicious complaints, and civil and commercial claims after a criminal complaint is converted into a civil dispute.