(MENAFN- Gulf Times) Question: My friend who was carrying medicine for his personal use was caught at the airport and got released a few months back. Now he received a message that there is case against him in the court as he violated Article 3 of Law No 19 of 1993. Please explain.
DR, Doha
Answer: Article 3 of Law No 19 of 1993 regarding the regulation of the dealing with psychoactive substances prohibit the import, export, production, manufacturing, owning, possessing, acquiring, trading, buying, selling, transporting, receiving, delivering psychoactive substances or serving as an intermediary in any of the above or dealing with it except after getting permit for that from the Department of Pharmacy and Drug Control at the Ministry of Public Health on the conditions stipulated by law. The offence is punishable with imprisonment for three years and QR10,000 under Article 15.
Guarantor's casein loan default
Q: My friend requested me to be the guarantor for his bank loan to start some business. What will be the action initiated by the bank or other institution against the guarantor in case of defaults? Please advise.
TH, Doha
A: If the borrower defaults, the bank would first approach the borrower to take care of the dues. However, if the borrower is unable to do so, the bank will approach the guarantor to settle the dues. The guarantor can ask the bank to appropriate borrower's security to recover his dues and if liquidating his assets is not sufficient, the bank has the right to recover the money from the guarantor. If the guarantor repays the dues, all the borrower's security will get transferred to the guarantor and the guarantor can recover his money later from the borrower. Article 828 of Civil Law states that a creditor is bound to hand over all documents that are necessary to enable him to exercise his right of action to the guarantor at the time of discharge of the debt.
Exemption frompaying court fees
Q: My colleague has borrowed money from me and is not willing to repay it. Some people advised to go to the court for recovery with the evidence. I lost my job and I don't have money to pay court charges. As followed in other countries, is it possible to request for exemption of charges when the petitioner faces difficulty to pay the judicial fees? Is there any kind of exemption in civil cases like the labour case. Please advise.
BD, Doha
A: As per Article 551 of Civil and Commercial Procedure, if a party proves to be unable to pay the judicial fees, he shall be exempted wholly or partially from payment. Exemption shall include fees of judicial papers, execution fees, expenses of judicial notices and other expenses borne by the litigants. Exemption shall be conditioned on there being good prospects of success in the claim.
A request for exemption from payment of fees shall be submitted to the registry of the competent court. The court shall fix a session for hearing such request, the other litigants shall be served with notice of such hearing at least three days' notice. The court shall decide on the request after examination of the papers and documents submitted by the applicant and examination of the statements of litigants present and the representative of the Registry and others whose opinion is deemed appropriate in this respect.
Termination inleave period
Q: Our company management has decided to reduce the workforce due to loss in business. Some of our employees are on vacation. Is it possible to terminate them while they are not in Qatar? Is such termination valid or not? Please advise.
YU, Doha
A: According to Article 85, termination during the leave period is not in compliance with labour laws. The law prohibits the employer from terminating the employment contract or notifying the worker of the termination thereof during any of his periods of leave. Moreover, the employer may not notify the worker of the termination of the contract if the notice period expires during any of such periods of leave.
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LEGAL SYSTEM IN QATAR
According to Article 357 of the Penal Laws, anyone who maliciously commits the following acts: (1) writing a cheque, without sufficient funds to cover its face value; (2) withdrawing all or some of the funds from an account after issuing cheque in a way that leaves insufficient funds to cover the amount of the cheque; (3) ordering the recipient of the cheque not to exchange or deposit it; (4) intending to write or sign the cheque in a way that prevents its exchange; (5) delivering a due cheque knowing that it is uncovered or not exchangeable, shall be punished with imprisonment for a term of no less than three months and not exceeding three years and/or a fine of no less than QR3,000 and not exceeding QR10,000. In any event, the court shall decide upon the request of the concerned, to oblige the offender to pay the value of the cheque and the expenses incurred by the beneficiary.
For the offences stipulated in above article, the victim and the attorney have the right to request the prosecution or the court to settle the case with the offender. The reconciliation requires the closing of the case. The prosecution shall stop the execution of the penalty if reconciliation occurs during the execution of the penalty, even after the passing of the judgment.
Whoever, being in any manner entrusted with property, bonds or other movable properties, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust, rent, mortgage or a power of attorney, in a manner that is detrimental to the owners thereof, shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding QR10,000.
Whoever, knowingly possesses property received by mistake shall be liable to imprisonment for a term not exceeding two years or a fine not exceeding QR5,000 or both penalties.
As per Article 364, anyone who embezzles or attempts to embezzle a movable property that he had mortgaged as security for a debt owed by him or by another , shall be punished with imprisonment for a term not exceeding two years or with a fine not exceeding QR5,000 or with both. Whoever being an owner assigned as an official receiver, guardian or trustee of movable property that is seized judicially or administratively shall be liable to imprisonment for a term not exceeding three years and/or a fine not exceeding QR10,000.
According to Article 367, whoever knowingly possesses or conceals objects resulting from a crime, without being an accomplice, shall be liable for conviction of the crime of knowing that the objects are collected from a crime scene and shall receive the penalty prescribed for the offender. If the perpetrator does not know that the objects are collected from a crime scene but thinks they are obtained in an illegal way, he shall be punished with imprisonment for a term not exceeding six months or with a fine not exceeding QR3,000, or with both of the penalties.
The perpetrator shall be exempted from the penalty if he takes the initiative to inform the competent authorities of the crime from which the objects were collected and of persons who have committed the crime before detection thereof. If the offender informs the authorities after exposure of the crime, the court has the right to exempt the offender from the penalty whenever the information leads to the arrest of the offenders.
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