KH, Doha
Answer: The judicial confession is the acknowledgment by the litigant or his representative before court. Properly obtained judicial confessions are evidence against the confessor, and the confessor may not retract such a confession. Law defines “confession” as the admission by a person of [committing] a legal fact, to another person, with the purpose of proving his commission of that fact by such person and such admission may be judicial or non-judicial. A judicial confession is conclusive and absolute evidence against the confessor, confined to him, and binding to a court.
Non-judicial confession is the confession that does not take place before a court or that takes place before the court in other than the action brought upon the confessed fact. Non-judicial confession shall be subject to the estimation of the judge and shall be verified by virtue of the general rules related to proof.
Under Article 303 of the Commercial & Civil Procedure Code, confession shall be taken as a whole. The confession may not be divisible, unless it has been made in respect of a number of events, and the existence of one of these events does not necessarily mean, or prove, the existence of the others. The confession shall not be divisible upon the confessor in a way to exclude what is favourable for him and keep the unfavourable. Nevertheless, the confession may be divisible if it was focused on multiple independent facts.
A dishonoured cheques case
Q: The cheques issued to my clients got dishonoured and a cheating case was filed against me. Recently, I have cleared all the debts and received judgment from the criminal court discharging all liabilities. But now I cannot lift my travel ban as there are some clerical errors in the judgment. Do I need to file a new case to get it cleared? Please advise.
TU, Doha
A:If a material mistake occurs in a judgment or a decision, the court which issued the judgment or decision shall undertake the correction of such a mistake automatically or upon the request of one of the litigants, after being summoned. Such mistakes do not imply the invalidity of the judgment. Correction is made without a pleading after hearing the litigants. The issued correction shall be indicated in the margin of the judgment or decision (Article 242 of Criminal Procedure Code).
Compensation from employees
Q: The company is claiming compensation from the storekeepers for the defect of products due to their negligence. How can the employees appeal such a decision of the employer if they disagree? If the amount claimed is more than monthly salary, can the company deduct their full salary against compensation? Please advise.
TY, Doha
A: According to Article 71, the employee is under obligation to compensate the employer for damage, loss or destruction to machinery, products or equipment of the employer as a result of his fault provided that the obligation of the worker for the compensation shall be preceded by an enquiry. The employer may deduct the value of the compensation from the wage provided that the value of the compensation does not exceed the wage due to the worker for seven days in one month. The worker may appeal against the decision of the employer on the valuation of the compensation to the department of labour within seven days from the date of his being notified thereof. If the department cancels the decision of the employer or reduce compensation due from the worker, the employer shall return to the worker the amount deducted in excess without a right thereto within not more than seven days.
Compensation for defective goods
Q: Can a purchaser claim compensation for the defect or damage of goods which we delivered two months ago? As per the contract law, what is the liability of the seller in such case? If the damage occurred after date of delivery, are we liable for the defect? Please advise.
HJ, Doha
A: Article 458 of the civil law stipulates that when the purchaser has taken delivery of the thing sold, he shall ascertain its condition as soon as he is able to do so in accordance with common usage. If the purchaser discovers a defect for which the seller is answerable, he must give a reasonable notice thereof to the seller failing which he will be deemed to have accepted the thing sold. If the defects are such that it cannot be discovered by means of normal inspection, the purchaser shall, upon the discovery of the defect at once give notice thereof to the seller failing which he will forfeit his right to the warranty. If the goods are destroyed or damaged by an act of the purchaser, purchaser shall remain liable for payment of the full price thereof.
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LEGAL SYSTEM IN QATAR
As per Article 152, any public officer who infringes by means of trickery or by any other illegal means, the liberty or security of State bids or auctions, or any of the authorities shall be punished with imprisonment for a term not exceeding ten years.
Any public officer entrusted to protect the interests of the institution in which he works, in respect to a transaction or issue, and who intentionally harms such interests, to obtain a benefit for himself or for another party, shall be punished with imprisonment for a term not exceeding ten years.
Any public officer involved in collecting fines, fees, taxes or the like, who requests for or takes non-due amounts or amounts exceeding the due payments shall be punished with imprisonment for a term not exceeding ten years.
As per Article 159, whoever being a public servant, uses torture, force or threat, by himself or by another, against an accused, a witness or an expert, causing him to confess to a crime or to make statements or give information in respect thereof, or to suppress any such matters, shall be punished with imprisonment for a term not exceeding five years. If the act of the officer results in permanent disability, the perpetrator shall be punished with imprisonment for a period not exceeding ten years. The penalty shall be capital punishment or life imprisonment if the act lead to death of the victim.
Any public officer who uses the power vested in him by virtue of his office to damage any individual, or to bring an illegal benefit for himself or to third parties shall be punished with imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both.
According to Article 161, any public servant who uses harshness with any person during or as part of his office duties or compels him to any act except in those cases where the law authorises such acts shall be punished with imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both.
Any public officer who, under pretext of the powers of his office, enters the house of a person or any of its attachments, without the consent of the concerned person or causes someone else to enter therein except in those cases authorised by law, shall be punished with imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both. The same penalty shall apply to any public officer who searches a person, a house or a store without the consent of the concerned person, or causes someone else to do the same except in those cases authorised by law.
As per Article 164, imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both shall apply to any public officer who infringes the provisions of the law with the intention to achieve one of the following purposes: (1) To protect a person from serving or executing his due sentence, by reducing the imposed penalty or delaying its execution; (2) To protect any asset from confiscation, seizure, or any restriction set by the law on the said asset, or to delay its confiscation or seizure, or to impose or execute any restriction on it.