DR, Doha
Answer: According to Article 146 of the penal law, any employee who solicits or accepts for himself or another party, money or benefit, or any promise thereof in return without the knowledge and consent of his employer to undertake any of the duties assigned to him or abstain from so doing, shall be considered as receiver of bribery and a penalty of imprisonment for a term not exceeding three years or a fine not exceeding QR15,000 or both shall be imposed.
Forgery of documents
Q: Is it possible to challenge the decision where the judgment debtor has received evidence on the forgery of some documents submitted before the court related to the disputed issue? I filed a case in 2016 and the claim was rejected based on a documentary evidence and now I have proof to establish the forgery. Please explain the procedure to challenge the decision. Further, if the party to the case challenges the veracity of the document, what action will the court initiate in such situation? Please advise.
HO, Doha
A: According to Article 165 of the procedural law, if a judgment is issued based on fraud made by a party or a counterfeit document or perjury or due to non-production of a conclusive document in the proceedings being kept by the party, the time for appeal shall only start from the day that the fraud was disclosed or from the day on which the person who committed perjury has admitted his guilt or whose guilt has been proven upon a judgment or from on the day the person is adjudged to have committed perjury, or from the day the paper that was kept has been produced.
As per Article 234 of civil procedure, if the validity of the exhibit is subject to doubt in the opinion of the court, it may immediately call the official who issued the exhibit or the person who executed the same, to clarify the truth of the matter. The court shall assess the consequences that arise from scraping, erasing, inserting and other material defects in the exhibit such as the loss of, or detraction from, its value as evidence. The court may refer the document for forensic verification by appropriate authorities and if forgery is proved penal action will follow.
Defects in project design execution
Q: If there is a defect in the execution of the project design, will the design company’s responsibility be extended to such defects in execution or not? As per the law, who is responsible for the defects in execution? Will the designer have liability if the designs are free from defects? Please advise.
JB, Doha
A: According to Article 712 of the civil laws, if the work of the engineer is limited to the design of the building or structure in whole or in part, the contractor shall be liable for such defects that may arise from the design but not for defects due to the method of construction and execution. Where the employer assigns the engineer to supervise the execution in whole or in part, such engineer shall also be liable for such defects that may arise from the method of execution supervised. Thus, the engineer shall not be liable for the defects in the execution if the scope is limited to design.
Terminating without any valid reason
Q: Is it legal to terminate from the employment without any valid reason? I received a termination letter, in which it is mentioned that the termination is due to existence of a police case against me. The case was filed by my neighbour on some personal vengeance. We had some issues related to our parking space and he had filed a baseless compliant against me in the police station. The case hearing is next month. What’s the provision as per law?
OS, Doha
A: According to Article 62(2) of the Labour Law, the company has no right to take disciplinary measure against an employee for any act committed outside the workplace unless such an act is related to the employment and falls within the employee’s duties. Also, the employer should not penalise an employee on mere accusations. Seek the assistance of the Labour Department for challenging the termination.
* Please send your questions by e-mail to: [email protected]
LEGAL SYSTEM IN QATAR
Any person who commits theft shall be liable for life imprisonment, if it satisfies the following conditions: (1) if it is committed at night, (2) if it is committed by two or more persons, (3) if any of the culprits is armed with a weapon, (4) if committed at residential premises, or at premises intended for residential purposes or annexes thereof where entry is gained by trespass, break-in or use of duplicate keys against the will of their owner, or by wearing the uniform of a policeman or by assuming a false identity claiming it to be issued by competent authorities or by alleging to be a public servant, or colluding with one of the inhabitants or by any other illegal means, (5) if it is committed under coercion or threat of using a weapon.
According to Article 336, whoever commits a crime of theft in a public thoroughfare or in any land, sea or air conveyance, shall be punished for a term not exceeding 10 years in any of the following cases: (1) if the theft is committed by two or more persons and one of them is armed with a weapon, (2) if the theft is committed by two or more persons with the use of force, and (3) if the theft is committed by an armed person at night by coercion or by threat of using a weapon.
According to Article 337, anyone who committed theft in any of the following cases shall be punished by imprisonment for a term not exceeding seven years: (1) If the theft is committed by an armed person by coercion or by threat; (2) if the theft is committed at night, by two persons or more, armed with a weapon; (3) if the theft is committed at night, at residential premises, and by one armed person.
Whoever steals arms or ammunition of the Armed Forces or Police shall be liable to imprisonment for a term not exceeding ten years, and if one of the aggravated circumstances stipulated in Article 336 exists, the imprisonment may be extended to a term not exceeding fifteen years.
As per Article 340, whoever commits a theft in either of the following two cases shall be punished with imprisonment for a term not exceeding five years: (1) if it is committed at night; or (2) if it is committed by an armed person.
Whoever steals, embezzles, or purloins money from his employer shall be liable to imprisonment for a term not exceeding seven years. Whoever steals, embezzles, or purloins during war or in times of public disasters shall be liable to imprisonment for a term not exceeding seven years.
According to Article 343, whoever steals, embezzles, or purloins in any one of the following cases, shall be punished with imprisonment for a term not exceeding three years: (1) in a place of worship; (2) in residential premises, or at premises intended for residential purposes or annexes thereof; (3) in any means of transport, at a terminal, seaport or airport; (4) by trespass, break-in, or with the use of original or duplicate keys against the will of their owner; (5) by a person who assumes a public or false personation or claims to be performing or entrusted with a public service; (6) by two or more persons; (7) by transportation workers when, in the line of their duty, delivering the things being transported; (8) against injured persons during wartime even if they are enemies.