The role of public prosecution

QUESTION: I would like to have some clarification on criminal procedures, mainly the role of pubic prosecution in Qatar. If a person is arrested as a suspect in a crime, does public prosecution have the powers to discharge or acquit him from the charge? If so, can it be challenged before the court? What are the possibilities of re-opening an investigation? SD, Doha ANSWER: As per Article 146 of the Criminal Procedure Code, after the investigation, if public prosecution is of the conclusion that there is insufficient evidence to proceed with the criminal action, it shall issue an order mentioning the grounds for such a decision and to release the suspect in custody or to terminate any measure. The victim and the civil claimant or their heirs may appeal against the public prosecution order that there is insufficient evidence to proceed within 15 days from the issue of the order, and the public prosecutor’s decision may be appealed before the criminal court having jurisdiction within 15 days from the date of the order. The public prosecutor may cancel the order within three months of its issuance. As per Article 148, public prosecution shall prevent the reinvestigation unless new evidence emerges before the expiration of the case. The new evidence shall include the testimony of witnesses and written minutes and other papers not exhibited to public prosecution that may serve as sufficient evidence to proceed with the criminal case to clarify and determine the truth.Termination of the contractQ: We are the sub-contractor in a project in Lusail. As per the contract’s terms, the employer will hand over the site after completing excavation. But due to some issues with the main contractor, no one is attending the site and there has been no response to correspondence. Being a sub-contractor we don’t feel its viable to continue with this project. Is this issue a valid reason to terminate and to claim compensation for the losses? Which provision of law is applicable in this regard? WQ, DohaA: Article 692 of the Civil laws provides for termination of a contract for employer default. If the execution of the work requires a specific action within a specific time period by the employer but he fails to act within such time period, the contractor may demand the employer to act within such reasonable time as determined by the contractor. If the employer fails to perform a specified obligation within the time period, the contractor may apply to termination of the contract without prejudice to its rights of compensation.Amicable settlementQ:  I had destroyed the personal belonging of my colleague in a moment of anger. The colleague filed a complaint with the police, rejecting compensation. Other colleagues urged him to settle the issue but he is not ready. Is it possible to amicably settle the issue through the police? If not, what will be punishment as per the prevailing laws?SI, DohaA: Amicable settlement is possible only when the complainant or victim withdraws his complaint. Police will seek for the chances of settlement in minor offences, but the consent of the complainant is mandatory. According to Article 389 of the Qatar penal law, any person who intentionally destroys, damages or spoils, another person’s movable or immovable properties, or makes them unusable, invaluable, useless or invalid, shall be punished with imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both. Validity of the judgmentQ: Being the partner of a company engaged in construction business, we filed a case against one of our suppliers. The judgment was in our favour. When we proceeded for execution of the case, the court official pointed out some errors in the judgment and refused to file the execution case. In these circumstances, what is the procedure to rectify the mistakes? Do we need to make the case again? CX, DohaA: Mere clerical or accounting errors shall not affect the validity of the judgment issued. Judgment debtor is not required to file a new case for the errors in the judgement. As per Article 138 of Civil and commercial procedure law, the errors shall not affect the validity of judgment and court shall undertake to rectify such errors in the judgement by a decision issued by the court in its own motion or at the request of one of the litigants without pleadings. The registry of the court shall make the corrections in the original judgment copy and sign the same together with the presiding judge. The rejected request for correction may not be challenged except with the objection to the judgement itself. But, decision issued for correction may be appealed separately by the applicable procedure for appealing the correction of a judgment, if the court exceeds its authority. *Please send your questions by e-mail to: leges@qatar.net.qa (Mobile:55813105)LEGAL SYSTEM IN QATARAccording to Article 102, every company shall annually submit to the department a detailed list approved by the chairman including names, capacities, and their nationalities of the chairman and members of the board. The chairman of the board of directors is the head of the company who represents the company before third parties and the courts. He shall enforce the resolutions of the board and comply with its recommendations. The chairman of the board of directors have the right to delegate some of his powers to another member of the board. As per Article 104, the board of directors shall meet upon invitation from its chairman, subject to the conditions stipulated in the articles of association, and the chairman shall call for a meeting upon the request of at least two of the members. The meeting shall not be valid unless it is attended by at least half of the members and the number of those present shall not be less than three, unless the articles of association stipulates for a higher percentage. The board of directors should convene at least six times during the financial year unless the articles of association provide a higher number of meetings.The absent board member may be represented by another board member at meetings by authorisation in writing. Such member shall have full authority to represent him, to vote and to act on his behalf in all matters discussed during such meeting. No single member shall represent more than one member. The board resolution will be issued by a majority of the vote of attending members and the representatives, and where the votes are equal, the chairman shall have a casting vote. The member who disagree with the decision of the board has right to include his objection in minutes of the meeting.According to Article 105, if any member failing to attend the meetings of the board for three consecutive regular meetings or four non-consecutive meetings, unless excused by the board for reasons satisfactory to the board, shall be deemed as resigned. The minutes of the board meetings shall be recorded in a special register, where those minutes are to be signed by the chairman, the delegated member if any, and the member or employee who carries out the function of board secretariat. The minutes shall be recorded regularly in the register after every meeting on consecutive pages. Without prejudice to the powers vested in the general assembly by this law and the article of association of the company, the board of directors enjoys the utmost powers necessary to carry out the works required to attain the objective of the company. The board may empower any of its members to perform a specific act or acts or to supervise any of the company activities.According to Article 108, the chairman or any member of the board of directors shall not participate in any act which may compete with company or trade for his account or for the account of others in any of the company activities. The company may otherwise demand indemnity therefrom or consider businesses carried out for their account as for the company account. The chairman or any member of the board or any of the directors shall not engage in any business similar to activity of the company or have a direct or indirect interest in the contracts, projects, or commitments done to the account of the company.