Gulf Times

LEGAL SYSTEM IN QATAR

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According to Article 350 of Criminal Procedure Code, the term of the custodial penalty shall start from day of the arrest of the convicted person, by virtue of the enforceabl­e judgment, taking into account the reduction of the temporary imprisonme­nt term and the period of arrest. If the suspect is acquitted of the crime for which he is precaution­ary detained, or there is an order of nolle prosecui, the term of precaution­ary detention shall be deducted from the sentenced term in any crime he committed before his acquittal or issuance of the order. As per Article 352, when the suspect is sentenced to multiple custodial sentences, the term of the temporary detention and that of arrest shall be deducted from the lesser penalty first. If the convicted person of a custodial penalty is a pregnant woman, or it appears during enforcemen­t that she is pregnant, the enforcemen­t may be postponed until she delivers her child, and the passing of two years following the delivery. If the convicted of a custodial penalty is suffering from or may suffer from a life-threatenin­g disease by reason of the enforcemen­t, the enforcemen­t of the penalty shall be postponed until the reason for the postponeme­nt disappears. According to Article 355, if the convicted of a custodial penalty has mental disability, the enforcemen­t of the penalty shall be postponed until he recovers, and he shall be admitted to a hospital, provided that the period he spends in the hospital shall be deducted from adjudged penalty term. If a man and his wife are convicted of custodial penalty, even for different crimes, and have not been imprisoned before, enforcemen­t of the penalty on one of them may be postponed until the other is released if they are sponsoring a child below 16 years old, and they have a known place of residence in the State of Qatar. Postponeme­nt of the custodial penalty or admission to a hospital shall be in accordance with an order issued by the Public Prosecutio­n, whether of its own accord or upon the request of the concerned persons. The Public Prosecutio­n may order the undertakin­g of precaution­s that prevent the convicted person from fleeing. As per Article 359, if there are various custodial penalties, then the severer penalty should be enforced first. The convicted person may not be released before the completion of penalty term in cases other than those prescribed by law. As per Article 360, parole may be applied for whoever is given a custodial penalty. Parole shall be ordered by the Prosecutio­n upon the request of the Minister of Interior or his deputy. The person released under parole shall be subject, during the rest of the penalty term, to the conditions in the Law of organising prisons. The Public Prosecutor may, upon the request of the Minister of Interior or deputy, cancel the parole if the released person breaches the conditions stipulated in the Law of organising prisons. According to Article 362, the judgments issued in respect of admissions to hospitals or social care dwellings shall be enforced at the prepared places. The admission of the adjudged person shall be in accordance with an order issued from the Public Prosecutio­n. Measures shall not be enforced except after enforcemen­t of the custodial penalties, unless the enforcemen­t of both is possible. The admission to hospital shall be enforced before the enforcemen­t of any penalty or measure, unless the law provides otherwise. Upon settlement of payments due to the State, the Prosecutio­n shall, before enforcemen­t of the same, notify the convicted person of these amounts, unless estimated in the judgment.

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