Question: Due to some misunderstanding with my neighbour, we are not in good terms. Recently, I found that someone has put garbage in my water tank. I strongly believe that my neighbour is involved in it. If I lodge a complaint with the nearby police station what will be the punishment for such an act? I don’t want to trouble him, at the same time I need to take some action on this. Please advise.
HHJ, Doha

Answer: You can file a complaint in police station stating all the facts related to the incident. According to Article 254 of the Penal law, any person who purposely pollutes or spoils a well, public water supply, or any other water resource, or makes the water unusable in anyway shall be punished with imprisonment for a term not exceeding ten years and a fine not exceeding twenty thousand Qatar Riyals. If the act was by mistake or out of negligence, the imprisonment shall not exceed six months or a fine not exceeding two thousand Qatar Riyals or both.

Expiry of a litigation
Q: There was a case against me in the civil court filed almost two years back. The party who filed the case passed away and the case was stopped for almost one year. But still the system shows case against me. How could I clear the matter legally? Please advise.
KH, Doha

A: According to Article 88 of the Civil and Commercial code of procedure, any concerned party to the litigation, in the event of non-proceeding of lawsuit due to the plaintiff’s act or forbearance, may apply for a judgment declaring the litigation as expired upon expiry of one year from the last proper proceeding. The period of expiry of the litigation in cases of discontinuance shall not commence until the day on which the party applying for the expiry of the litigation, notified the legal heirs of his deceased opponent that a lawsuit existed between him and the original party to the lawsuit. The period prescribed for the expiry of the litigation shall apply against all persons even if they have no capacity. 
Application for the expiry of the litigation shall be submitted to the court where the lawsuit is filed, in accordance with the normal procedure for filing such lawsuits. The expiry of the litigation may be pleaded as a defence if the plaintiff applies to resume the proceedings after the expiry of one year. The application or the defence shall be against all plaintiffs or appellants, otherwise it shall not be acceptable.

Right to attend company meetings
Q: I hold a small percentage of shares in an MEP Company in Doha. Most of our partners are employed in other firms and they are not active in company management. Being the shareholder with small percentage, the management does not inform me of any of the annual meetings. Do I have the right to participate in the meetings and decision makings? Please advise.
TY, Doha

A: Every partner has the right to attend the assembly regardless of the number of shares he owns, and by virtue of a particular authorisation, he may be represented in the assembly by another partner other than the directors. Every partner shall have a number of votes equivalent to the number of shares he owns or represents. (Article 252 of the Companies Law – 11 of 2015)

Cancellation of lost cheque
Q: Our company lost a signed cheque while shifting our office last month. We came to know about this last week. What is the procedure to be followed if anyone loses a bearer cheque? What does the law stipulate? 
HY, Doha

A: A complaint has to be lodged with the nearest police station and court proceedings are to be initiated to get the cheque cancelled. According to Article 588 of the Commercial Law, if a cheque is lost or destroyed, the owner shall be entitled to submit an objection to payment of its value to the drawer. Such objection should include the cheque number, amount, name of its drawer and every other particular which may assist in identifying the cheque and the circumstances surrounding its loss or destruction. When the bank receives the objection, it shall refrain from payment of the value of the cheque to the possessor of the cheque and should set aside the value of the cheque pending decision on the matter. The bank shall, if requested by the objecting party and at his expense, publish the number of the lost or destroyed cheque, its amount, name of drawer, name of the objecting party and his address in a daily newspaper. Any disposal of the cheque subsequent to the date of such publication shall be null and void. 

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LEGAL SYSTEM IN QATAR
According to Article 54, nothing is an offence which is done by a person who, at the time of doing it, is, by reason of unsoundness of mind or intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
If the insanity, mental illness, medicines, drugs, alcoholic and intoxicating materials or any other reason that causes only deficiency or weakness in consciousness or in capacity when the offence is committed, it shall be considered an extenuating excuse. 
In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.
As per Article 56, nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
Principal penalties are death sentence, life imprisonment, temporary imprisonment, fines and community service. Death sentence passed by Court shall not be executed unless after ratification by HH the Emir. Death sentence shall be executed by hanging or by gun fire to death.
Imprisonment is to detain a convict in one of the penitentiaries legally designated for such a purpose, for life, if the sentence is life imprisonment, or for a specified term if it is temporary imprisonment. The court may link imprisonment with hard labour, if the term of imprisonment is six years or more, and the offence or its circumstances justify this. Whoever sentenced to imprisonment shall be charged to do work provided for in the Penitentiary establishments subject to any limitations due to their state of health. Fine penalty obliges the convicted person to pay the imposed amount to the State.
As per Article 64, the sub-penalties are either dependent or complementary. The penalty is dependent if the law finds it an absolute consequence of the principal penalty. The penalty is complementary if imposing it is based on the verdict, whether mandatory or permitted by law. The dependent and complementary penalties are deprivation of some rights and privileges, prevention from practicing a profession, dismissal from public positions, exclusion from the place or the public establishment, placing under police surveillance, confiscation and deportation of a foreigner from the country.
Any judgment bearing a criminal penalty shall require automatically and by force of the law the deprivation of the convicted person from all the following rights and privileges: (1) to be in charge of a public office or work as a contractor for the State; (2) to be a member of the legislative, consultative and municipal councils, boards of directors committees, public establishments, joint-stock companies, associations, private establishments and associations, or be in charge of the administration of any of them or participating in the election of their members; (3) to be a guardian, custodian or proxy; (4) to bear national or foreign medals; and (5) to bear arms. 
The period of deprivation shall not exceed three years from the date of the execution of the penalty or its earlier termination.