Qatar - Revision history

IBJadmin: /* Rights in Prison */

2025-02-13T15:45:52Z

Rights in Prison

← Older revision		Revision as of 17:45, 13 February 2025
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	According to the Juvenile Law and the Penal Code of the State of Qatar, children can be held criminally responsible from the age of seven. Any male or female who is older than seven but under 16 years of age comes within the definition of “juvenile” as per the law.		According to the Juvenile Law and the Penal Code of the State of Qatar, children can be held criminally responsible from the age of seven. Any male or female who is older than seven but under 16 years of age comes within the definition of “juvenile” as per the law.

	Under the Juvenile Act, 1994 children aged over 14 but under 16 who have committed a serious or major ~~offense~~ cannot be sentenced to death, imprisonment with hard labour or flogging.l However, certain ~~offenses~~ committed by and against Muslims are punishable under Sharia law and relevant penalties include flogging and amputation.		Under the Juvenile Act, 1994 children aged over 14 but under 16 who have committed a serious or major offence cannot be sentenced to death, imprisonment with hard labour or flogging. However, certain offences committed by and against Muslims are punishable under Sharia law and relevant penalties include flogging and amputation.

	In case of ~~offenses~~ punishable with death penalty or life imprisonment, the child must be sentenced to up to 10 years imprisonment.		In case of offences punishable with death penalty or life imprisonment, the child must be sentenced to up to 10 years imprisonment.

	Further, Article 20 of the Penal Code states that a death sentence may not be imposed on a juvenile who is under eighteen years of age at the time of committing the ~~offense~~. An exception to this, however, is retaliation ~~offenses~~ when the alleged offender is Muslim. In such situations when a Muslim commits a murder, it becomes a retaliation offense and the Penal Code will not be applicable, rather Sharia law will be applicable. Therefore, the death penalty will remain so under Sharia Law.		Further, <u>Article 20 of the Penal Code</u> states that a death sentence may not be imposed on a juvenile who is under eighteen years of age at the time of committing the offence. An exception to this, however, is retaliation offences when the alleged offender is Muslim. In such situations when a Muslim commits a murder, it becomes a retaliation offense and the Penal Code will not be applicable, rather Sharia law will be applicable. Therefore, the death penalty will remain so under Sharia Law.

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IBJadmin: /* Court Procedures */

2025-02-13T15:43:51Z

Court Procedures

← Older revision		Revision as of 17:43, 13 February 2025
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	<li>life imprisonment		<li>life imprisonment
	<li>imprisonment, or		<li>imprisonment, or
	<li>fine.</li>		<li>fine</li>

	The suspect must be acquitted by the court if no crime is proven against him or if it is not punishable by law.		The suspect must be acquitted by the court if no crime is proven against him or if it is not punishable by law.

IBJadmin: /* Pre-Trial Procedure */

2025-02-13T15:41:18Z

Pre-Trial Procedure

← Older revision		Revision as of 17:41, 13 February 2025
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	The investigating authority has the power, where the arrest is legally permitted, to conduct searches. The search could be of the suspect’s body, clothes, or personal belongings being carried in relation to the crime under investigation.		The investigating authority has the power, where the arrest is legally permitted, to conduct searches. The search could be of the suspect’s body, clothes, or personal belongings being carried in relation to the crime under investigation.
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	Female suspects may be searched only by a female officer. There is a general prohibition against entering and conducting searches in the dwelling place except under certain conditions i.e. necessity. The Code clarifies that entering a dwelling place to track a person against whom there is a warrant, will be considered to be a necessity.		Female suspects may be searched only by a female officer. There is a general prohibition against entering and conducting searches in the dwelling place except under certain conditions i.e. necessity. The Code clarifies that entering a dwelling place to track a person against whom there is a warrant, will be considered to be a necessity.
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	Further, there is another circumstance when the investigating authority may search a suspect’s dwelling place. This is in cases of certain categories of offenses such as those against the internal or external security of the State, terrorism, and first-degree murder, if the offense is flagrante delicto and there is an indication of objects being hidden in the dwelling place.		Further, there is another circumstance when the investigating authority may search a suspect’s dwelling place. This is in cases of certain categories of offenses such as those against the internal or external security of the State, terrorism, and first-degree murder, if the offense is flagrante delicto and there is an indication of objects being hidden in the dwelling place.
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	In all other cases, the consent of the suspect or the owner of the dwelling place needs to be obtained before the dwelling place is searched and such search may only be carried out during the day unless in certain circumstances.		In all other cases, the consent of the suspect or the owner of the dwelling place needs to be obtained before the dwelling place is searched and such search may only be carried out during the day unless in certain circumstances.

IBJadmin: /* Pre-Trial Procedure */

2025-02-13T15:30:53Z

Pre-Trial Procedure

← Older revision		Revision as of 17:30, 13 February 2025
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	<li>''Arrest, Search and Seizure Laws:''		<li>''Arrest, Search and Seizure Laws:''

	Investigation of crimes and collection of evidence is the duty of the Judicial Commissioners who ~~comprise~~ of members of Public Prosecution and the police force.		Investigation of crimes and collection of evidence is the duty of the Judicial Commissioners who is comprised of members of Public Prosecution and the police force.


	<ul><li>''Stops and Frisks:''		<ul><li>''Stops and Frisks:''

	~~Art.~~ 33 of the Criminal Procedure Code of Qatar allows the investigating authority to conduct necessary searches during the collection of evidence.		<u>Article 33 of the Criminal Procedure Code of Qatar </u> allows the investigating authority to conduct necessary searches during the collection of evidence.


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	According to the Criminal Procedure Code, a person can be arrested or detained only if an order is issued by the competent authority or as prescribed by law.		According to the Criminal Procedure Code, a person can be arrested or detained only if an order is issued by the competent authority or as prescribed by law.

	The arrested person~~/detenu~~ must be treated in a way that maintains human dignity and must not be physically or morally harmed.		The arrested person must be treated in a way that maintains human dignity and must not be physically or morally harmed.

	The ~~detenu~~ has the right to remain silent or to communicate to any person he wishes. There is a duty upon the Judicial Commissioner to inform the ~~detenu~~ of this right.		The detainee has the right to remain silent or to communicate to any person he wishes. There is a duty upon the Judicial Commissioner to inform the detainee of this right.

	Once arrested, the investigating authority must hear the statement of the suspect immediately and if there is sufficient evidence, within 24 hours, refer the suspect to the competent Public Prosecution.		Once arrested, the investigating authority must hear the statement of the suspect immediately and if there is sufficient evidence, within 24 hours, refer the suspect to the competent Public Prosecution.
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	==Court Procedures==		==Court Procedures==

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-02-13T15:03:49Z

Means of Protecting and Enforcing Rights

← Older revision		Revision as of 17:03, 13 February 2025
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	'''Nullity of Procedure'''		'''Nullity of Procedure'''

	Judgments which are obtained by a procedural defect shall be null and void if the law expressly provides for it. An exception to this is if the purpose of the procedure is fulfilled.~~xxi~~ Examples of such procedural defects are concerning the constitution of the court, the jurisdiction of the court to hear the case, and matters related to public order.		Judgments which are obtained by a procedural defect shall be null and void if the law expressly provides for it. An exception to this is if the purpose of the procedure is fulfilled. Examples of such procedural defects are concerning the constitution of the court, the jurisdiction of the court to hear the case, and matters related to public order.


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	==Pre-Trial Procedure==		==Pre-Trial Procedure==

IBJadmin: /* Rights of Counsel */

2025-02-13T15:01:53Z

Rights of Counsel

← Older revision		Revision as of 17:01, 13 February 2025
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	==Rights of Counsel==		==Rights of Counsel==

	<li>'''Right to ~~Provide~~ Representation'''		<li>'''Right to Legal Representation'''
			Defendants’ have the right to legal representation. If the defendant himself does not appoint a lawyer, the court shall then appoint a lawyer on their behalf.

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IBJadmin: /* Rights of Counsel */

2025-02-13T14:53:49Z

Rights of Counsel

← Older revision		Revision as of 16:53, 13 February 2025
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	<li>'''Right to Provide Representation'''		<li>'''Right to Provide Representation'''

	~~The right to appeal is available to both the prosecution as well as the convicted person.~~

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IBJadmin: /* Rights of the Accused */

2025-02-13T14:44:58Z

Rights of the Accused

IBJadmin: /* Legal Aid */

2025-02-13T14:38:28Z

Legal Aid

IBJadmin: /* The Legal system */

2025-02-13T14:21:20Z

The Legal system

← Older revision		Revision as of 16:21, 13 February 2025
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	==The Legal system==		==The Legal system==

	The legal system of Qatar is a mixture of civil law and sharia i.e. Islamic law.		The legal system of Qatar is a mixture of civil law and sharia (i.e. Islamic law).
	<br>Article 1 of the Constitution recognizes Shari’a law as the main source of legislation. British common law-inspired legislation is also applied by the institutions of the Qatar Financial Centre.		<br>Article 1 of the Constitution recognizes Shari’a law as the main source of legislation. British common law-inspired legislation is also applied by the institutions of the Qatar Financial Centre.
	There are three levels of criminal courts in Qatar:		There are three levels of criminal courts in Qatar:

← Older revision		Revision as of 16:44, 13 February 2025
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	<li> '''Right Against Unlawful Arrests, Searches and Seizures'''		<li> '''Right Against Unlawful Arrests, Searches and Seizures'''

	Article 36 of the Constitution of Qatar protects persons from unlawful arrests, searches and seizures. The Article reads:		<u>Article 36</u> of the Constitution of Qatar protects persons from unlawful arrests, searches and seizures. The Article reads:

	“Personal freedom shall be guaranteed, and no person may be arrested, detained, searched, neither may his freedom of residence and mobility be restricted save under the provisions of the law; and no person may be subjected to torture or any degrading treatment; and torture shall be considered a crime punishable by law.”		“Personal freedom shall be guaranteed, and no person may be arrested, detained, searched, neither may his freedom of residence and mobility be restricted save under the provisions of the law; and no person may be subjected to torture or any degrading treatment; and torture shall be considered a crime punishable by law.”
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	<li>'''Right Against Unlawful Detention'''		<li>'''Right Against Unlawful Detention'''
	Article 36 of the Constitution of the State of Qatar also protects persons from unlawful detention, except under the provisions of the law.		<u> Article 36</u> of the Constitution of the State of Qatar also protects persons from unlawful detention, except under the provisions of the law.
	It is a crime punishable under the Penal Code of Qatar to detain or arrest or deprive any person of their freedom. Imprisonment for ten years or more may be given depending on various circumstances.		It is a crime punishable under the Penal Code of Qatar to detain or arrest or deprive any person of their freedom. Imprisonment for ten years or more may be given depending on various circumstances.

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	<li>'''Right Not to be Tortured or Ill-Treated'''		<li>'''Right Not to be Tortured or Ill-Treated'''
	The right under Article 36 extends to protection from being subjected to torture or any other means of degrading treatment. There is a positive obligation upon the State to punish torture by making it a crime punishable by law.		The right under <u>Article 36</u> extends to protection from being subjected to torture or any other means of degrading treatment. There is a positive obligation upon the State to punish torture by making it a crime punishable by law.
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	<li>'''Right to Presumption of Innocence'''		<li>'''Right to Presumption of Innocence'''
	The Constitution of the State of Qatar in ~~Art.~~ 39 enshrines the principle of presumption of innocence in criminal cases.		The Constitution of the State of Qatar in <u>Article 39</u> enshrines the principle of presumption of innocence in criminal cases.
	An accused person is presumed innocent until his conviction is proved before a court of law wherein the necessary guarantees of the right of self‐defense are secured. All necessary legal assistance will be provided to the accused person, in order to practice the right of defense		An accused person is presumed innocent until his conviction is proved before a court of law wherein the necessary guarantees of the right of self‐defense are secured. All necessary legal assistance will be provided to the accused person, in order to practice the right of defense.

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	<li> '''Right Against Ex Post Facto Prosecution'''		<li> '''Right Against Ex Post Facto Prosecution'''

	~~Art.~~ 40 reads:		<u> Article 40</u> reads:
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	''No crime and no punishment save as prescribed by the law and no penalty save (except) on the acts committed subsequent to the enforcement of that law; and punishment is personal. The provisions of the laws (Criminal Code) shall have no effect save on the acts committed from the date of the enforcement of the said laws. These provisions shall have no effect on the acts which occurred prior to the enforcement of the said laws; however, it may be stipulated otherwise by a majority of two-thirds of Al‐Shoura Council in case of non‐criminal provisions.''		''No crime and no punishment save as prescribed by the law and no penalty save (except) on the acts committed subsequent to the enforcement of that law; and punishment is personal. The provisions of the laws (Criminal Code) shall have no effect save on the acts committed from the date of the enforcement of the said laws. These provisions shall have no effect on the acts which occurred prior to the enforcement of the said laws; however, it may be stipulated otherwise by a majority of two-thirds of Al‐Shoura Council in case of non‐criminal provisions.''
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	<li> '''Right to a Fair Trial'''		<li> '''Right to a Fair Trial'''

	The Constitution recognizes the principle of independence of the judiciary		The Constitution recognizes the principle of independence of the judiciary.

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	<li>'''Capital Punishment'''		<li>'''Capital Punishment'''

	Capital Punishment is a prescribed form of punishment under the laws of Qatar. The Penal Code states that a death sentence may be prescribed as a punishment for certain felonies. The Criminal Procedure Code provides that the judgment of the death penalty shall not be executed summarily. Further, there is a condition that the death sentence cannot be executed without the ratification by the Emir. Further, the mode of death punishment has been described as being by way of hanging or gunfire to death		Capital Punishment is a prescribed form of punishment under the laws of Qatar. The Penal Code states that a death sentence may be prescribed as a punishment for certain felonies. The Criminal Procedure Code provides that the judgment of the death penalty shall not be executed summarily. Further, there is a condition that the death sentence cannot be executed without the ratification by the Emir. Further, the mode of death punishment has been described as being by way of hanging or gunfire to death.

← Older revision		Revision as of 16:38, 13 February 2025
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	==Legal Aid==		==Legal Aid==

	Qatar Government offers free legal aid for the needy in criminal cases. The Criminal Procedure Code of Qatar stipulates that if a person suffering from damage from crime or a suspect against whom civil law case has been initiated lacks litigation capacity or has no legal representative, the court considering the criminal case shall suo moto or upon Public Prosecution’s request appoint an attorney for them to claim their civil rights.		<li>Qatar Government offers free legal aid for the needy in criminal cases. The Criminal Procedure Code of Qatar stipulates that if a person suffering from damage from crime or a suspect against whom civil law case has been initiated lacks litigation capacity or has no legal representative, the court considering the criminal case shall suo moto or upon Public Prosecution’s request appoint an attorney for them to claim their civil rights.

	Legal Aid Department of the Ministry of Justice offers lawyers for those who are unable to afford a lawyer for legal advice, representation in court, legal review etc. ~~are~~ offered subject to satisfying certain requirements set by the Ministry. Individuals who seek such services must meet with certain income/asset criteria.		<li>Legal Aid Department of the Ministry of Justice offers lawyers for those who are unable to afford a lawyer for legal advice, representation in court, legal review (etc...)
			<br>Legal aid is offered subject to satisfying certain requirements set by the Ministry. Individuals who seek such services must meet with certain income/asset criteria.

	The Qatar Foundation for Protection and Social Rehabilitation (A state-owned entity) provides similar free legal services to victims of abuse or violence.		<li>The Qatar Foundation for Protection and Social Rehabilitation (A state-owned entity) provides similar free legal services to victims of abuse or violence.

	It is also worth noting that many embassies in Doha have legal assistance programs for their citizens. These programs provide legal advice and representation for individuals facing legal issues in Qatar.		<li>It is also worth noting that many embassies in Doha have legal assistance programs for their citizens. These programs provide legal advice and representation for individuals facing legal issues in Qatar.

	The Qatar International Court and Dispute Resolution Centre (QICDRC) under the Qatar Financial Centre (QFC) offers Pro Bono legal services such as advice, assistance, and representation to deserving individuals at no cost, in cooperation with volunteer lawyers in civil and commercial disputes~~, regulatory appeals or other legal issues that fall within the jurisdiction of the Qatar International Court or QFC Regulatory Tribunal and upon such proof of ‘no means’~~		<li>The Qatar International Court and Dispute Resolution Centre (QICDRC) under the Qatar Financial Centre (QFC) offers Pro Bono legal services such as advice, assistance, and representation to deserving individuals at no cost, in cooperation with volunteer lawyers in civil and commercial disputes.</li>

	''Some NGOs also provide legal aid services'':		''Some NGOs also provide legal aid services'':

	Qatar Bar Association ~~also~~ offers such service coordinating with member lawyers who volunteer to handle legal matters related to, family, criminal, and labor law affairs. Private law firms also offer pro-bono legal services to individuals and organizations if needed. The scope of such services and the types of cases may vary according to their internal policies. Some embassies also extend such assistance to their nationalities in Qatar.		<li>The Qatar Bar Association offers such service coordinating with member lawyers who volunteer to handle legal matters related to, family, criminal, and labor law affairs.
			<li>Private law firms also offer pro-bono legal services to individuals and organizations if needed. The scope of such services and the types of cases may vary according to their internal policies. Some embassies also extend such assistance to their nationalities in Qatar.</li>

	''Number of lawyers (criminal/civil) if known:''		''Number of lawyers (criminal/civil) if known:''
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	Around one hundred and forty accredited lawyers are independently practicing legal profession in Qatar.		Around one hundred and forty accredited lawyers are independently practicing legal profession in Qatar.

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	==Source of Defendants Rights==		==Source of Defendants Rights==