AS, Doha
Answer: As per Article 110 of criminal procedure law, after the interrogation of the suspect, if sufficient evidence is found attributing the crime or the chances of leaving the country and the incident is a felony or a misdemeanour punishable by imprisonment for a period exceeding six months, the Public Prosecution may issue an order for preventive detention of the suspect.
In some cases, the Public Prosecution may, instead of the preventive detention and in other misdemeanours punishable by imprisonment, issue an order prohibiting the suspect from leaving residence or the country; or putting the suspect under the surveillance of the police; or demand the suspect appear before the police headquarters at specific times; or prohibiting the suspect from attending certain places or prohibiting the suspect from practising specified activities.
In all cases, the suspect’s imprisonment may be precautionary if he has no permanent and known place of residence in the State of Qatar and the crime was a misdemeanour punishable by imprisonment.
Recovering loss from sub-contractor
Q: We have engaged a sub-contractor for execution of certain works in a project and as per the terms we have provided the materials. Later on, we found the materials are defective because of negligence of the contractor. We wrote to the contractor and there is no proper response from their side. What is legal provision applicable in this situation to recover the loss from the sub-contractor? Please advice.
KD, Doha
A: Article 685 of the civil law stipulates duty of care obligation on the part of the contractor. If the work materials are provided by the employer, the contractor shall use all reasonable care to protect such materials, comply with the technical practices for the proper use of such materials, account for the materials to the employer, and return to the employer any remaining part of such materials. Where such materials are not fit for use, either in whole or in part, due to the negligence or technical inefficiency of the contractor, he shall pay the value of such materials to the employer, together with indemnity, as applicable.
A month’s notice for resignation
Q: I joined the company in March 2016 and my contract will expire by March this year. I wish to resign the job and for that how many days’ notice is required? What are my benefits? If company ask me to stay for few months after expiry of contract, what will be the status of my contract? Please advice.
BX, Doha
A: As per Article 49, a notification of one month is required for resignation. The employee will be entitled for a minimum of three weeks basic wages per year and prorate as end of service benefits and proportionate payment against leave dues at three weeks per year. In addition, the return travel arrangements are to be made by the employer. If the contract signed for two years is over, it becomes open ended or unlimited.
Certification of cheques
Q: As per the contractual terms, the cheque payment is agreed in different instalments. In order to avoid further complications, we received suggestion that it is safe to do certification of cheques. Please advice on the legal validity of certification.
NM, Doha
A: As per Article 566 of the Trade regulation law, the drawer has right to get the certification of cheque. Such certification shall confirm the availability of sufficient funds with the drawee to pay on the date of certification and the signature by the drawee on the face of the cheque shall be considered as certification. The funds for payment of a certified cheque shall remain blocked with the drawee for payment upon presentation of the cheque. The funds against payment of the certified cheque shall remain frozen with the drawee and under his responsibility in favour of its bearer, until the end of the period set for presenting the cheque for payment.
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LEGAL SYSTEM IN QATAR
According to Article 93 of Civil and Commercial Procedure law, the plaintiff may abandon the litigation through a notice to the defendant or by express statement in a memorandum signed by plaintiff or legal representative, informing the defendant on the abandonment, or by indicating that verbally in the court hearing and noting it in the minutes.
Abandonment shall be followed by cancellation of all litigation proceedings, including the filing of the lawsuit, and the abandoning party shall bear the cost. However, the original right for which the lawsuit is filed shall not be affected.
If the party, during the litigation, waives any measure or any of the submission documents expressly or impliedly, the said measure or document shall be deemed void. Waiver of the judgment shall be followed by waiver of the right established thereby.
According to Article 98, the judge shall have no jurisdiction to consider the case and shall not be allowed to hear the same, even if the other party has not refused, in the following circumstances: (1) If the judge is a relative or in-law of one of the parties up to the fourth degree; (2) If he or his spouse has outstanding litigation with one of the parties or with his spouse; (3) If he is an agent, guardian, trustee or presumptive heir of one of the parties, or is related by blood or kinship up to the fourth degree with that guardian of one of the parties, or custodian, or with a director, manager or partner of a litigant company and such director, manager and partner has a personal interest in the lawsuit; (5) If his spouse, relative, in-law, agent, guardian, or trustee has an interest in the lawsuit; (6) If he delivered a legal opinion, pleaded on behalf of one of the parties in the lawsuit, or wrote about it even before joining the judiciary or if he previously heard it as a judge or acted as an expert or arbitrator or gave evidence therein; (7) If a blood or kinship relationship up to the fourth degree exists between him and one of the judges sitting with him on the bench or with one of the parties’ representatives or attorneys. Any action or judgment by a judge in the aforementioned cases shall be void, even if the parties agreed to the same.
A judge may be recused for one of the following reasons: (1) If he or his spouse has a case similar to the case which he is hearing; (2) If he or his spouse filed litigation with one of the opponents after initiating the case pending before him, unless such litigation was filed for the purpose of recusing him from the case pending before him; (3) If his divorced spouse with whom he has a child, or one of the relatives by marriage or kinship has pending litigation with one of the parties to the case or with their spouse, unless this litigation was initiated after initiating the case pending before him; (4) If one of the parties used to work for him, or if he used to live with one of the parties in the same place, or if he received a gift from him before or after filing the case; (5) If there is enmity or intimacy of relationship between him and one of the parties which is likely to prevent him from judging impartially. The judge shall notify the Council Chamber the reason for the recusal. If the court comprises individual judge, the judge should inform the Courts of First Instance.