Public prosecution’s summoning procedure

Question: What’s the summoning procedure of public prosecution under the penal laws of Qatar? I am advised by my company that there is a call from the public prosecution that I must report. However, so far I haven’t receive any call or notification. I suspect they have filed a wrong absconding complaint and want to trap me. Please advise.HA, Doha Answer: According to Article 104 of the criminal procedure code, the public prosecution may issue an order for the suspect to be present at a specified time, or to be arrested and summoned. Each order shall include the details of the suspect, the attributed charge, the date of the order, the name of the public prosecution member and his signature, and the official stamp of the public prosecution’s office. Orders shall be notified to the suspect by the public authority officers, with a copy thereof to be handed to the suspect. The arrest warrant and summons shall also include the instruction to public authority officers to arrest the suspect and bring him before the public prosecution by force if he refuses to come voluntarily.Liquidation of a companyQ: Due to some personal issues, we have decided to close our company legally. We have engaged an auditor to liquidate the company. After all verification, how will the investors get their investments? How the assets in the company will be shared? During this period, we have raised some variations in the accounts prepared and we have intimated it to the working partner and the liquidator. But they denied the same without any proper reason. In case of liquidation, does the partners have right to raise their objection against the accounts? Please advise.YU, Doha A: As per Article 317 of the Companies Law, after the payment of debts, the liquidator of the company has to pay the partners the cash value of their shares in the capital and distribute among them the surplus as per their share in the profit. The assets of the company shall be shared in the ratio of profit sharing unless the memorandum of association provides otherwise. If the net assets of the company are insufficient to settle all shares of the partners, the loss shall be distributed among them in the ratio of distribution of losses. On completion of liquidation, the liquidator has to submit a final account statement to the shareholders for approval by the General Assembly and unless approved by the partners or the General Assembly, the liquidation process shall not be deemed completed. Delay in vacating the premisesQ: Our company had leased a property in Doha and there was delay in vacating the premises after the expiry of contract. There was no new contract signed. We handed the key after six months. Recently, we came to know that there is judgment against our company asking us to pay the landlord six months’ rent and we have made an appeal against the order. Is it legal to claim the rent for such period? Another issue we face is that our authorised signatory has travel ban in this case. How is this possible? Still the case is pending before the court. Please advise. JK, DohaA: As per the rental laws, if the tenant continues to utilise the premises after the end of the term, while the landlord is aware of such utilisation and expresses no objection, the contract shall be deemed to be renewed for a similar term under the same terms and conditions. In such case, the tenant is legally bound to the terms of the old contract in the absence of new written agreements on such extended use. Pursuant to Article 405 of the civil procedural laws, a judgment creditor may move for the execution judge to order stop travel of the authorised signatory of the judgment debtor company and the court may issue orders banning travel. In such cases, there won’t be any hearing or opportunity to defend. The court may issue such orders upon the petition by a creditor that the creditor fears of the escape of the debtor from litigation or smuggling his assets.Working hours and overtimeQ: All the employment contracts of our company define the working hours as 10 hours a day and all the employees have signed the contract. In such case, can the employees claim for the overtime benefits? Please advise.GH, DohaA: It is illegal for a company to ask a worker to put in extra hours without paying additional remuneration. The employer shall pay to the worker for the additional working hours and employees have the right to claim remuneration for overtime. As per the Labour Law, the maximum working hours shall be eight hours per day and worker shall not be asked to work for more than two hours a day after the normal hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the said loss or accident. *Please send your questions by e-mail to: leges@qatar.net.qaWhoever escapes after being arrested, detained or placed under protective custody in accordance with the law shall be punished with imprisonment for a term not exceeding six months and/or a fine not exceeding QR3,000. Whoever, being entrusted to guard a prisoner or a person in custody, transporting or escorting an arrested person, voluntarily allows or negligently suffers such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for a term not exceeding three years.According to Article 197, imprisonment for a term not exceeding one year or a fine not exceeding QR5,000 or both, shall apply to any person who is entrusted to guard a prisoner or a person in custody, transporting or escorting an arrested person and due to his negligence, the said person escapes. Whoever helps a person in custody or a prisoner to escape in cases other than those mentioned in the preceding Articles shall be punished with imprisonment for a term not exceeding two years or a fine not exceeding QR10,000 or both. The penalty imposed shall be imprisonment for a term of not less than five years and no more than ten years if the escapee has been sentenced to death. If the escapee has been sentenced to life imprisonment or to no more than three years imprisonment, or accused of committing a crime the penalty of which is death sentence, or the crime has been committed by more than one person under duress or by force or by using a weapon, shall be punished with imprisonment for a term not exceeding five years. Any person who knowingly aids or assists, by himself or through any representative, any escapee, convict or a person who should be in custody, or helps the offender in any way to escape from justice, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine not exceeding QR10,000, or with both. If the person, who has been hidden, screened or provided with aid to abscond from justice was sentenced to death sentence, the punishment shall be imprisonment for a period not exceeding five years. As per Article 200, whoever, being aware of the commission of a crime, knowingly assists the offender to escape from justice by lodging him or concealing relevant evidence shall be punished with imprisonment for a term not exceeding one year or a fine not exceeding QR5,000 or both. If the escapee from justice has been convicted of a crime with a death sentence, the helper shall be liable to imprisonment for a term not exceeding five years. This penalty shall not apply to the spouse of the offender, his ascendants or descendants.According to Article 201, any person who publicly disrespects or contempt a judge or any members of the prosecution in respect of any case shall be punished with imprisonment for a term not exceeding two years or with a fine not exceeding QR10,000 or with both. Anyone who induces a judicial employee, by order, request, threat or recommendation, to modify normal legal procedures or to abstain from applying appropriate legal procedures, shall be punished with imprisonment for a term not exceeding three years or with a fine not exceeding QR10,000 or with both.