When a witness fails to appear before court
Question: I have received a notice from the criminal court to appear in person as a witness. I have some issues in this matter: 1) the accused is known to me and if I act as a witness, he will be agitated; 2) I will not be able to attend on the date fixed as I have to leave country for other reasons. Please advise. SR, Doha
Answer: According to Article 200 of the criminal procedure code, if the witness fails to appear before the court, after summoning him in accordance with the law, the court may postpone the case to reissue the summon, or order to arrest and bring him before the court. If the witness fails to attend for the second time or to take the oath or testify without an admissible reason, the court may, after hearing the statements of the Public Prosecution, make him subject to the provision of Article 179 of the Penal Code.
As per Article 179, if the witness refused to appear, take oath or otherwise withholds testimony without any valid reason for such refusal shall be punished with imprisonment for a term not exceeding six months or a fine not exceeding QR3,000 or both. Such witness shall be exempted from punishment, if he/she appear prior to the issuance of judgment in subject matter.
A case of dishonoured cheque and jail order
Q: I am a partner holding 49% shares in a company while 51% is by a Qatari national. My partner had signed a cheque for procuring some materials. But due to some unforeseen circumstances, the company could not arrange the fund for honouring the cheque. Now the cheque got dishonoured and there is a judgment against the company. Based on the judgment, is it possible to obtain jail order for the signatory? Under which provision can the judgment creditor obtain such an order? Please advise. DK, Doha
A: The judgment creditor can apply for jail order if the judgment debtor failed to observe the court order. As per Article 514 of the Civil & Commercial Procedure Code, if the judgment debtor abstains from the execution of judgment issued against him, the judgment creditor may request the imprisonment of the judgment debtor. The court may order the imprisonment of the judgment debtor if it is established that judgment debtor is able to fulfil his obligation based on the issued order and that he was ordered by the judge to fulfil his obligation and failed to do so. Such imprisonment period shall not exceed three months. As the judgment debtor is a company, the directors responsible for the acts and omissions will be held liable.
Neighbour damages car and properties
Q: My neighbour has damaged my car and some other stuff which I kept near my parking slot. I have asked him to repair the damaged items but he has refused. I want to take legal action against him for damaging my properties. How can I proceed for that? What is the law in this regard? Please advise.
LS, Doha
A: According to Article 389 of Qatar Penal Law, any person who intentionally destroys, damages or spoils, another person’s movable or immovable properties, or makes them unusable, invaluable, useless or invalid, shall be punished with imprisonment for a term not exceeding three years or with a fine not exceeding QR10,000 or with both. The victim can file a complaint before the police station for such damages.
Issuance of service certificate to workers
Q: My company has terminated me but has provided support for changing my visa to a new employer. But when I requested the management for the experience certificate, the management refused to issue it. Can I legally ask for such a certificate? Please advise.
SK, Doha
A: According to the provisions of Labour Law, a company or management cannot refuse issuance of service certificate to employees. According to Article 53 of the law, the employer shall upon termination or expiry of the service contract issue free of charge a service certificate on worker’s demand. A service certificate is required to mention tenure of service, nature of work rendered and salary paid. In addition, the employer must return to the worker the certificates, documents, etc. which the worker deposited with the employer.