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Legal Consultation Thursday, 15 July 2010 04:56
Question
How can legal proceedings against criminals living outside Qatar be filed?
Answer
Penal Code No. 11/2004, which regulates international judicial cooperation, says that national judicial agencies can cooperate with agencies in other countries in criminal matters in the light of the provisions of this law.
Courts and prosecutors general can request cooperation from the authorities concerned in other countries through the Foreign Ministry.
Judicial proceedings are considered viable when they meet the conditions specified in the laws of foreign countries.
Question
I continually receive emails from people who ask me for my bank account so that they can send me money. They promise me 50 percent of the money. Is this legal?
Answer
Please discard these emails because most of these transactions are suspicious, while the source of most of these funds is not known. This must be a form of money laundering, which also includes the following:
1. Conversion or transfer of funds by people who know that this money was brought about through criminal acts. They do this either in order to conceal the illicit origin of the money, or to escape the legal responsibility for these criminal acts if they are involved in them.
2. Hiding the true nature of these funds, their sources, locations, and movement by people who know that these funds are the proceeds of crimes.
3. Ownership, possession or use of funds by people who know or have suspicions that these funds are the proceeds of crime
Individuals or groups who commit money-laundering crimes will be jailed for up to seven years and fined up to QR2m. In case of a gang, the punishment will be doubled.
The law points to a regulatory agency that monitors financial institutions, businesses, and non-profit organisations to ensure their commitment to anti-money-laundering requirements.
Question
I was arrested and my car was confiscated by the traffic police because I exceeded the speed limit although I had compelling reasons to do so. I want to know what is the punishment in law for those who exceed speed limits. Is it legal for traffic police to seize cars like this?
Answer
Article No. 95 of Traffic Law No. 19/2007 says whoever exceeds speed limits has to be put in jail for up to a year and fined up to QR10,000 or face any of these two punishments.
Drivers of police vehicles, ambulances, and fire fighting engines are exempted from this law during their work hours. But these drivers have to use warning tools and alarm systems that invite the attention of motorists to the need to slow down at crossroads.
Traffic Department officials also have the right to confiscate vehicles in case of reckless driving that poses danger to the safety of drivers, passengers, pedestrians or other motorists. The confiscation can be up to nine days depending on the reports traffic officers write at the time of the accident.
The person who has asked this question has to head straight to the prosecutor and mention his/her compelling reasons for exceeding
the speed limit.
Question
I have been working in a company that has sponsored me for a year and eight months now. In 2009, I took annual leave. After returning to work urgent reasons forced me to go back to my country. Do I deserve an end of year reward if I resign next month, bearing in mind that my contract is limitless? How can I calculate this and what rights do I have in this case? Can I file a complaint if the company refuses to give me this reward?
Answer
Labour Law No. 14/2004, which regulates the end of service for workers, says that employers have to pay end-of-service rewards to their workers if they work for them for up to a year and die at the work place. Rewards are subject to agreement between employers
and employees.
Rewards cannot be less than the equivalent of a three-week payment. Workers deserve payment for parts of years of service.
Last basic salary is the basis on which end-of-service rewards are calculated.
Having given workers their end of service rewards, employers have to terminate the contracts of their workers within two weeks.
The person who asks this question has to head to the Labour Administration to file a complaint if his/her employer refuses to give him/her their rights.
Question
What are the rules producers, distributors, and sellers of goods and services must abide by?
Answer
The Consumer Protection Act No. 8/2008 says individuals, groups, and companies providing goods or services have to specify the type of the commodity, its components, and full data on its cover.
They are committed to writing the price of the commodity in a visible part on the cover. Buyers have the right to get an invoice with date, identifying the type of the commodity they buy, its price, and its weight or number.
Question
What is the punishment for the producers, distributors, and sellers who violate the above rules?
Answer
Consumer Protection Law No. 8/2008 says offenders are to be jailed for up to two years and fined up to QR50,000 or any of these.
Advertisers can be exempted from liability in case the information they put in ads cannot be verified.
Punishment is doubled in case of recidivism within five years. Suppliers of dangerous products who do not mention this can be asked to pay a fine of up to QR100,000.
Courts can order the confiscation or destruction of production equipment and the closure of the factory for up to three months as well.