Question: Though a complaint was lodged at the police station and later referred to the Public Prosecution, it was not accepted, probably due to lack of evidence. Now, I have managed to arrange witnesses and documentary evidence. Can I reopen the matter?
TU, Doha

Answer: As per Article 148 of the criminal procedure, the order of insufficient evidence to proceed with the criminal action issued by the Public Prosecution shall not preclude the reinvestigation whenever there is new evidence strengthening the charge. Such new evidence includes testimony of witnesses as well as records and other documentation that had not been previously presented to the Public Prosecution and strengthens the evidence that was found insufficient or may serve to clarify and determine the truth.

Creditors’ claims in liquidating firm
Q: Last February, our company had supplied materials to an MEP company in Doha and as per the terms it was agreed to settle the dues within six months. But now we came to know that the MEP company is in loss and they have initiated liquidation procedures. What will be the procedure followed by the appointed liquidator to identify the creditors to settle the claims? Please explain.
ISK, Doha

A: As per Article 312 of the Commercial Companies Law, due dates in respect of all the company debts shall expire upon the dissolution of company. The liquidator shall, by registered letter, notify all creditors on the commencement of liquidation, and shall invite them to submit their claims against the company. The notice shall be published in two local newspapers, of which one shall be in the Arabic language, and also on the website of the company, if any, if the creditors or their places of residence are not known. In all cases, the notice to creditors for the submission of their claims shall include a period of not less than 75 days from the date of such notice, provided that publication of notice shall be repeated during such period after the expiry of one month thereof. If some creditors fail to submit their claims, their debts shall be deposited with the court custodian, until the claims are received from their owners or the claims are time barred by extinctive limitation.

Registration of lease contract
Q: We are engaged into real estate business and we require some clarification on registration of lease contract. Is it mandatory to register the lease contracts as per law? What will be the effect of non-registration? According to law, who is responsible to register the lease contract?
NX, Doha

A: As per Rental Law, all lease contracts must be registered by the landlord at the Registration Office at the Municipality. In order for the landlord to be able to bring a claim in respect of the lease contract before the Rental Dispute Settlement Committee, the lease must be registered. The landlord has to pay an annual fee of 1% of the annual rent for such registration. There will be a penalty imposed on landlords who fail to register lease agreements.

Failing to disclose facts in testimony
Q: A case was filed against our company manager for misbehaving with one of the employees. Now the manager has threatened everyone who witnessed the incident. Out of fear, those employees may not disclose the facts before the investigation officer. As per law, is there any chance of legal action against witness who fails to disclose the information relating to the offence? Please advise.
DS, Doha

A: According to Article 172 of Qatar penal laws, any person, being a witness who, after taking the oath before a judicial or investigative authorities, gives false testimonies or withholds all or some of the information of which he is aware regarding the facts of the case concerning which his testimony is being made, shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding QR10,000. The same provisions shall apply to any person instructed by judicial or investigative authorities to work as an expert or translator and deliberately commits an act of misrepresentation.

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LEGAL SYSTEM IN QATAR
According to Article 60 of the Civil and Commercial Procedure Law, the presiding judge shall be responsible for control and direction of the hearing and if anyone disturbs the order of the hearing, he may order to leave the court room. If such person failed to obey the order, the presiding judge may detain him for twenty-four hours or impose a fine against him of a maximum of QR500. Such rulings shall be final and are not be subject to appeal. If the contravention is caused by one of those working in court, the court may initiate, during the hearing, disciplinary action against the person which the head of the department may enforce.
The court may, even at its own instance, order the deletion of any abusive words which are contrary to public policy or morals from any submission or pleading.
As per Article 64, the Presiding judge shall order a record to be prepared of any crime committed during the course of the hearing and to refer the papers to the Police to take necessary action. If the crime committed is felony or misdemeanour, court may, if the circumstances so require, issue an arrest warrant against the person who has committed the crime.
The court may take legal action against whoever commits misdemeanor against the court panel, or any of its members, or any of the court employees during hearing and shall deliver an immediate judgment against such person. The court may also initiate action against a person who commits perjury and shall be punished with the prescribed punishment for perjury. The court’s judgment in these cases shall be effective even if it is appealed.
According to Article 66, the litigants may, at any stage of the case, request the court to record any compromise terms agreed to be signed by themselves or their authorised representatives. If they have already written such agreement, the court shall attach such agreement to the minutes of the hearing and its content shall be recorded therein.
The court shall order any of its employees or the parties that fail to file the documents or to take any of the litigation proceedings within the time limit specified by the court to pay a fine of not more than QR500 pursuant to an order noted in the minutes of the hearing. The court order that imposes a fine shall have the force of executive decree and shall not be subject to appeal. The court may exempt the party, against whom the order of fine is imposed, from paying the whole fine or part thereof, if there is an acceptable reason.
The court may, in lieu of imposing fine, decide to suspend the case for a period not exceeding six months, provided that this defendant shall not object. If the suspension period expires, the office of the Registry of the court shall bring forward the hearing of the lawsuit at a request by one of the parties, to the next possible hearing. The parties shall be summoned accordingly. If it is proved that the plaintiff has not complied with the court’s orders, the court may declare the lawsuit void.
Arabic shall be the language of the court. The court may hear the testimonies of litigants or witnesses who are ignorant of Arabic through an interpreter who shall take an oath to interpret with honesty and integrity. The judgments are issued and executed in the name of His Highness the Emir of the State of Qatar.