Stay of execution after court’s judgment
June 22 2019 01:11 AM
legal helpline
legal helpline

By Nizar Kochery /Doha

Question: I have filed a complaint against one of my colleagues and the police transferred the case to the public prosecution and then to the court. I have attended some hearings of the case when the police requested to give a statement. The court has pronounced the judgment and the colleague was punished for the offence. At the same time, the court has suspended the punishment against him. Now he is free from all punishments and was released from custody. What is this procedure? How the punishment gets stopped? Please explain the provision.  
SH, Doha

Answer: According to Article 79 of the penal laws, upon issuing a judgment of a fine or imprisonment for a period of no more than one year, a judge may order a stay of execution if considering the accused’s conduct, past circumstances of offence or age there is reason to believe that he shall not commit another offence. The judgment shall show the reason for the stay of execution. A judge shall make a stay of execution inclusive of any secondary punishment, except confiscation. The stay of execution shall be for a period of three years from the date on which the judgment becomes final. However, a judgment may be passed for revoking a stay of execution if the convicted person commits during the period of probation a deliberate offence, he shall be sentenced to a penalty involving deprivation of liberty for more than three months, whether the conviction judgment has been passed during this period or thereafter, provided that the action has been brought during such a period. 

Borrower fails to
repay money
Q: I lent money to a person and an agreement was made as a proof for the transaction. The borrower failed to repay the money as agreed. I have filed a case before the court for recovery of money. Now the borrower submitted a document to prove that he had repaid the full amount. The document submitted was a forged one. What action can I take in such a situation? Please advise. 
VP, Doha 

A: As per Article 236 of the Civil and Commercial code of procedure, the forgery may be claimed at any stage of the case by submitting a report to the office of the Registry of the court that specifies all parts of the exhibit in which the alleged forgery took place and all claimed acts of forgery, otherwise the claim shall be null and void. The party who makes the claim shall notify the other party within 10 days after preparing the report by a memorandum, explaining the evidence of forgery and investigation procedures that he requires for evidence, otherwise his claim may expire.

Termination without
any notice period

Q: My friend received termination letter two weeks ago and he accepted it. The company terminated him without any valid reason. When he requested to settle his dues and end-of-service benefits, the management refused to settle them stating that terminated staff is not eligible for the benefits. In what all situation, can the company refuse to pay benefits to the employee? Please advise.
SJ, Doha
A: An employee is entitled for end-of-service benefits under Article 54 of the Labour Law unless he or she is terminated under Article 61 of the Labour Law. According to Article 61, the employer has right to terminate the employment contract of an employee without any notice period or end-of-service benefits for reasons of gross misconduct such as false identity or nationality or submission of false certificates or documents, any act which causes gross financial loss to the employer, an assault on the person of the employer, disclosed confidential information, convicted for a crime involving immorality or dishonesty, drunk or under the influence of drugs during working hours or absent from work without legitimate cause for more than 7 consecutive days or 15 days in one year, etc.

Employer not
renewing visa

Q: I have been working in an LLC company in Doha for the past two years. My ID expired two months ago and the management is not renewing my visa even after many requests. How can I get the visa renewed to avoid troubles connected with expired ID? Please advise.
OW, Doha

A: The employee can approach the Labour Department if the employer is not renewing the visa/ID. All expatriates residing in the country for any purpose shall obtain a residency permit from the competent authority. According to Article 8 of Entry-Exit Law, the recruiter/employer shall comply with the permit procedures and its renewal thereof within a maximum of 90 days from the date of expiry. According to Article 40 of the said law, any person who violates the above mentioned provision shall be subject to a fine that shall not exceed QR10,000, without prejudice to any severer penalty stipulated in any other law.

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