Execution of judgment getting delayed

Question: I have filed a criminal case against a person and the judgment was issued in my favour. The person was sentenced to four months’ imprisonment. But the execution of the judgment is getting delayed. Can he influence the court to avoid the imprisonment other than through an appeal? It seems he has contacts with people in court. Can anybody help him? BN, Doha Answer: According to Article 164 of the penal laws, any public officer, who infringes upon the provisions of the law with the intention to protect a person from serving or executing due sentence by reducing the imposed penalty or delaying its execution or 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 shall be punished with an imprisonment for a term not exceeding three years and a fine not exceeding QR10,000 or both. Damage to machineryQ: The newly-purchased machinery of our company got damaged and the supplier refuses to grant warranty coverage as the damage was due to a fault in the operation. The company had given proper training to the employees in connection with the installation of the new machines. The company conducted an inquiry and found the operators were liable for the act. What action will be taken against employees? Please advise.DO, DohaA: Articles 71 and 72 of the labour law obligates the worker to compensate the employer for the damage resulting from damage or destruction to machinery, products or equipment of the establishment as a result of his fault provided that the obligation of the worker for the compensation shall be preceded by an inquiry. The employer may deduct the value of the compensation from the wage due to the worker provided that the value of the compensation does not exceed the wage due to the worker for seven days in one month. However, the worker may appeal against the decision of the employer on the valuation of the compensation to the Labour Department within seven days from the date of any such notification. If the department cancels the decision of the employer or evaluates a lesser compensation, the employer shall return to the worker the amount deducted in excess in seven days’ time. Claims for loan repaymentQ: I have a bank loan against my salary. Due to manpower reduction I lost my employment. I am trying to get another job but yet to be confirmed. Job offers are there. By mistake I have informed the bank and expressed my inability to pay the loan instalments till I confirm my new employment. Please advise the legal procedure that will be followed in such circumstances.FT, DohaA: Claims for loan repayment shall subsist irrespective of whether the borrower is employed or not. In general, prior to disbursement of loans, all banks enter into specific loan agreements with the borrowers which usually set out specific terms and conditions, signed cheques, etc; for repayment of loan or recovery in the event the borrower loses his employment or any other source of income based on which the bank had disbursed the loan or otherwise. Banks may try to invoke all the conditions for securing repayment of the loan set forth in the loan agreement in the event of a default which may include encashment of the cheque issued by the borrower in favour of the bank against the loan along with any other securities provided by the borrower. Negotiate with bank for a review of the repayment terms or offer further guarantees till such time the borrower has a new source of income or employment.Compensation for loss of earningsQ: Is there a provision under Qatar contracts law for the court granting compensation for loss of earnings? In a pending payment issue, we received a case filed by the other claiming loss of earnings. Please advise.GY, DohaA: With regard to compensation for lost earnings and loss incurred as a result of not being able to utilise the amount, Article 268 of the Civil Law stipulates that when the object of an obligation is the payment of a sum of money and the debtor fails to pay after he was formally summoned while he is able to do so, the court may order the debtor to pay a compensation as required by the law if the creditor proves that the loss is caused to him due to such a failure. Accordingly, if the subject matter of the obligation is an amount of money, and the defendant fails to pay such an amount upon being notified to do so and provided the creditor can prove that it incurred damage due to such nonpayment, the court may order the defendant to pay damages. The compensation includes two elements, loss incurred and the earnings lost at the assessment and discretion of the judge based on the available facts.♦ Please send your questions by e-mail to: leges@qatar.net.qa (Mobile:55813105)LEGAL SYSTEM IN QATARNo setoff shall be made after the issue of the judgment order between the rights and obligations of the bankrupt unless there is a connection between them. In particular, correlation exists where the said rights and obligations have the same cause or are comprised in a current account.As per Article 633, after the issuance of judgment, legal action may not be brought by the bankrupt, or against him, except for the following legal actions: (1) Actions relating to property and disposals that are not subject to the prohibition on the bankrupt, (2) actions related to the business of the bankruptcy that the law permits to be performed and (3) criminal actions. The court may permit the inclusion of the bankrupt in cases related to the bankruptcy, and it may also permit the inclusion of the creditor in those legal actions if he has a personal interest therein.If, after being declared bankrupt, compensation is awarded against the bankrupt for damage he has caused to a third party, the victim may claim such a compensation from the bankruptcy, unless his collusion with the bankrupt is proved.As per Article 635, the following transactions shall not be invoked against the body of creditors, if the debtor has performed them after the date of cessation of payment but prior to the adjudication of bankruptcy: (1) All donations, except for customary small gifts; (2) Payment of debts prior to maturity, irrespective of the method of payment used. Arranging provision for a negotiable instrument not yet matured shall be deemed as payment before maturity; (3) Payment of debts which are due and other obligations other than that agreed upon. Payment by way of negotiable instrument or bank transfer shall be deemed as payment in cash; or (4) any mortgage or other contractual security.If a bankrupt pays the value of a negotiable instrument after the date of cessation of payment and before the adjudication of bankruptcy, the amount paid is not recoverable from the bearer. However, the drawer or the person in whose account the negotiable instrument was drawn shall refund the value paid to the bankruptcy if, at the time of making the negotiable instrument, he was aware of the cessation of payment by the bankrupt.As per Article 638, where a judgment is entered for the non-validity of a disposal against the body of creditors, the recipient of the disposal shall be bound to refund to the bankruptcy what he obtained from the bankrupt by virtue of this disposal at the time of receipt. The recipient of the disposal shall have the right to recover the consideration that he provided to the bankrupt if such consideration itself existed in the bankruptcy. If it did not exist, the recipient of the disposal shall have the right to claim against the body of creditors for the benefit they received from the disposal and to participate in the bankruptcy as an ordinary creditor for any amount in excess.According to Article 641, the judge for the bankruptcy, after hearing the statements of the receiver, may award a maintenance payment to the bankrupt and his dependents from the assets of the bankruptcy pursuant to application by bankrupt or dependents. At any time, on a request by the receiver or the beneficiary, the judge for the bankruptcy may amend the amount of the maintenance payment or order its revocation. Payment of the maintenance shall cease when an order ratifying the scheme of composition becomes final.