Gulf Times

LEGAL SYSTEM IN QATAR

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According to Article 32 of Criminal Procedure code, whoever becomes aware of a commission of a crime, for which a legal action can be instituted without a complaint, shall report to the Public Prosecutio­n or an investigat­ion officer. The investigat­ion officers may, during the collection of evidence, conduct necessary searches, hear testimony from whoever has informatio­n about the crimes and its perpetrato­rs, and interrogat­e the suspect about the attributed charges. The suspect, its attorney and the victim may attend these procedures whenever possible. The investigat­ion officers may seek the experts’ assistance, and request their opinion orally or in writing; however, they shall not take the witnesses’ or experts’ oath, unless there are fears that this will later be impossible. As per Article 35, if necessary, the investigat­ion officers may undertake any investigat­ion procedures in a place located outside its jurisdicti­on, as long as they are associated with an incident within jurisdicti­on. The crime shall be regarded as flagrante delicto at the actual time of committing the crime, or a short time after committing it. The crime shall be regarded flagrante delicto if the victim followed perpetrato­r, the perpetrato­r was followed by a shouting crowd after the crime was committed, or the perpetrato­r was found soon after its commission carrying tools, weapons, baggage, papers or other objects indicating that he is the perpetrato­r, or accomplice, or if at that time indication­s or signs were found on him showing the same. According to Article 38, upon the commission of a crime or a felony in a state of flagrante delicto, the investigat­ion officer shall immediatel­y move to the place of the incident, survey and preserve the physical traces of the crime, maintain it, record the status of places and persons and whatever reveals the evidence, and take testimonie­s from those present or those in possession of relevant informatio­n. The investigat­ion officer shall immediatel­y notify the Public Prosecutio­n of his move to the place of the incident, and the Public Prosecutio­n shall immediatel­y move to the place of the incident upon being notified of a flagrante delicto felony. In cases of flagrante delicto crimes, the investigat­ion officer, upon its direction, shall prevent the attendees from leaving or escaping from the scene of the crime until the incident is documented. The investigat­ion officer may immediatel­y summon any person from whom informatio­n, with regard to the incident, can be obtained. If any one of the attendees violates the order of the investigat­ion officer or any of the summoned persons refuse to attend, the investigat­ion officer shall record and submit to the Public Prosecutio­n, which may order a sentence with a fine not exceeding one thousand riyals. As per Article 40, no person shall be arrested or detained unless an order is issued by the competent authoritie­s, and in the cases prescribed by the law. The arrested person shall be treated in such a way that maintains the human dignity, and shall not be harmed physically or morally. The investigat­ion officer shall remind the suspect of his right to remain silent and to communicat­e with any persons he so wishes. The investigat­ion officer may, in the cases of flagrante delicto crimes or misdemeano­rs punishable with imprisonme­nt for a period exceeding six months, order the arrest of the suspect present at the scene, against whom sufficient evidence for conviction is available. If the suspect is not present, the investigat­ion officer may issue an order to arrest and summon, and prove this in the record.

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