Legal Consultation: by Abdelaal Al Khalil Thursday, 05 May 2011 03:49

Unfortunately, the person who offers to invest his money with others does not care much to prove his right except the high rates of profit. He was concerned about the profit and was not interested in getting a receipt for the capital and he has his wife only as a witness. This is unacceptable to prove the case as the Article 267 of the Code of Civil and Commercial Procedure No. 13/1990 indicates that the testimony of the parent in favour of his children and children’s testimony in favour of the parent as well as husband and wife’s testimony for each other even after the dissolution of marriage are not accepted.

So, it is possible that the owner of the money can file a complaint against the investor in the police station on the basis of the exchange of messages on the cell phone. He will be called to respond to the complaint and then the prosecution papers will be presented to make the right decision.

An official copy of this complaint can be obtained to make a civil case against the said before the competent court in which he will try to prove his claim and the debtor to prove his point, and if that does not work to prove the debt then in order to resolve the other opponent will be told to take a decisive oath and Allah is the grantor of success.

The personal freedom should not be restricted without a court order and an exception to the law that permits the Attorney General to issue a temporary order to detain the accused in remand as the Criminal Procedure Act No. 23/2004 with regard to pre-trial detention points out that if following the interrogation of the accused or in the case of his escape, it became apparent that the evidence is sufficient to prove the crime committed by him, and the incident was a felony or a misdemeanour punishable by imprisonment for a period exceeding six months. It is permissible for a member of the Public Prosecution to issue an arrest warrant against the defendant preventively and the duration of the order of the pre-trial detention by the public prosecutor will be four days that may be extended for other similar period of time ie. the period of eight days that also may be extended for a further similar period of time. The same is performed in the crimes of bribery in the public work and crimes of theft and damage to public property provided for in the Penal Code No. 11/2004 when it would harm the national economy.

The person who is going to be arrested or detained on remand must be notified promptly about the reasons for his arrest or detention and the charges against him and he will have the right to communicate with his counsel.

If the department of investigation required the continuation of the accused’s detention on remand after the expiry of the period referred to in the preceding paragraph, the prosecution will present the matter to a magistrate court of first instance which is competent to issue the order, after access to the papers and hearing the statements of the Public Prosecutor and the accused, to extend the detention for a period exceeding 30 days, renewable for a period or other similar periods or release him on bail or without bail.

In all cases, the term of remand will not exceed six months. If the charge against him is a felony then the period of pretrial detention will not exceed six months except by an order of the criminal court to extend the term of imprisonment not exceeding more than 45 days, renewable for a period or other similar periods  otherwise the accused must be released.

The accused on remand will be released if he spent in remand a period equal to half of the maximum penalty prescribed for the offense for which he was imprisoned on remand.