Qatar Penal Code (Law No. 11 of 2004)

المادة 1

The provisions of the Islamic Shari'a shall be applicable on the following offences when the defendant or the plaintiff is a Muslim: The Dogma/Qur'anic offences (hudûd offences) such as: Theft; Banditry; Adultery; Defamation; Drinking alcohol; and Apostasy. Offences of retribution (qisas) and blood money (diya). Save as otherwise specified above, the provisions of the present Law and other laws shall be applicable to determine the offences and penalties.

المادة 2

The provisions of Book 1 of the present Law shall be enforced to offences provided for in any other law, unless otherwise stipulated.

المادة 3

In the application of the provisions of the present Law, “public servants” means those entrusted with the public authority charges, the employees of the ministries, other governmental departments, and public organizations and institutions. The words “Public servant” denote a person falling under any of the following descriptions: Arbitrators, experts, receivers in bankruptcy, liquidators, and sequestrators. Chairmen and members of Boards of Directors, managers, all other employees in private associations and institutions, cooperative associations and companies; provided that one of the ministries or one of the other governmental departments/agencies or one of the public organizations or institutions has representation therein. Whoever carries out an activity connected with public service and commissioned by a public employee. Chairpersons and members of the legislative and municipal councils, and others who have public representative capacity whether elected or appointed. The employment, the work or the service can be permanent or temporary, with or without pay, voluntary or mandatory. Termination of the service or capacity shall not bar the application of the provisions of the present Law if the criminal offence is committed within the course of the service or the capacity.

المادة 4

In the application of the provisions of the present Law, “Public Property” means the property owned or subjected partially or totally to the control and administration of the following authorities: The Ministries and other governmental departments; The Public organizations and institutions; The Private associations and institutions and cooperative associations; The Companies if one of the ministries or one of the other governmental departments or one of the public organizations or institutions contributes thereto. Any other authority whose funds are considered, in accordance with the law, Public Funds.

المادة 5

In the application of the provisions of the present Law, “Public Place” means a place to which the public has access without distinction.

المادة 6

In the application of the provisions of the present Law, the following shall be considered means of publicity: Speaking or shouting if it is announced or repeated directly or by mechanical means, or if it is broadcasted by another means in a public gathering or a Public Place. Acts, signals, gestures, or movements if they take place at any of the aforesaid places, or can be or in a place that is open to the public and much frequented and exposed to the public view or if they occur so that they can be witnessed by any person in such place or if they are transmitted by some communication means Writings, drawings, pictures, photos, films, cassettes, symbols or other means of expression, if exposed or can be seen or heard by persons in the places stipulated under Sub-article 1 of, or distributed without due exception or distinction to people and users or sold or offered for sale.

المادة 7

Unless otherwise stipulated in the law, periods and dates in the present Law shall be computed according to the Gregorian calendar.

المادة 8

The provisions of the present Law shall not prejudice, in any way the rights of litigants or third parties in being reimbursed, obtain damages, recover expenses or any other rights Part 2 Territorial jurisdiction

المادة 9

The applicable law at the time when the offence is committed shall prevail. In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply. When a new law no longer criminalizes an act or omission, but a perpetrator has been convicted by the final judgment in accordance with the prior law, the enforcement of the criminal sanction shall not commence or, if it has commenced, shall cease. If the new law only extenuates the penalty, the court that issued the final judgment, upon the request of the Public Prosecution or the convicted, may quash the judged penalty according to the new law.

المادة 10

Notwithstanding the provisions of the preceding Article, if a law is issued to criminalize an act or omission or to enforce more severe punishment, and it is temporary or due to exceptional and urgent circumstances, the forfeiture of this temporary period or exceptional and urgent circumstances shall not under any circumstances prejudice the enforcement thereof upon any offence occurring during such period or any sentence previously served as long as the new law does not stipulate to the contrary.

المادة 11

The new law shall apply to the continuous, successive or habitual offences committed prior to its coming into force, if the offences continued to be committed during the effective period of this Law.

المادة 12

Where a new law is issued which amends the provisions of recidivism, or plurality of offences, the convicting provisions issued prior to its application shall apply.

المادة 13

The provisions of the present Law shall apply to any person who commits, within the jurisdiction of the State of Qatar, an offence stipulated therein. An offence shall be deemed to have been committed within Qatar jurisdiction, if one of the offence constituent acts or if the consequence of that act is realized or is intended to be realised thereof.

المادة 14

The provisions of the present Law shall be applicable to offences committed or omitted onboard ships and airplanes registered in, or owned, or bearing the flag of the State of Qatar, irrespective of wherever they are physically located.

المادة 15

Without prejudice to the agreements and conventions to which the State is a party, the provisions of this Law shall not apply to the offence committed onboard foreign ships and airplanes in or passing through the territory of the State unless the offence is against national security, or the defendant or plaintiff is of Qatari nationality, or if assistance is requested by the captain or the pilot, from the Qatari authorities.

المادة 16

The provisions of the present Law shall apply to: Whoever commits outside the State of Qatar an act which renders him a perpetrator or an accomplice in a criminal offence that has occurred entirely or partially inside the State. Whoever commits inside the State an offence that makes him a perpetrator or an accomplice in a criminal offence that has occurred entirely or partially outside the State and it is punishable by virtue of the present Law and the law of the country in which it was committed. Whoever commits outside the State or participates in an offence against the internal or external national security, or commits forgery and counterfeit of official documents, government seals, marks, or stamps, or the forgery and counterfeiting of any currency note or coins in the State, or possessing or distributing these counterfeited currencies.

المادة 17

The provisions of this Law shall apply to any person who resides in the State of Qatar after committing abroad, as perpetrator or accomplice, any of the criminal offences of trafficking in drugs or humans or acts of piracy or international terrorism.

المادة 18

Every citizen, whilst abroad, who commits an act that is considered a felony or a misdemeanor according to the provisions of this Law, shall be punished in pursuance of the provisions thereof, upon return to the State of Qatar, even though the act is punishable under the law of the country in which the offence was committed.

المادة 19

“Non bis in idem”: No criminal proceedings may commence against any person who has already been acquitted by foreign law courts on a criminal charge or has been finally convicted and punished or if the offence has been barred by time. Whoever, being a citizen or a permanent resident of Qatar, commits an act or omission outside Qatar that if committed in Qatar would constitute an offence under the law in force in Qatar, shall be deemed to have committed that act or omission in Qatar even if that person is acquitted of any offence stipulated under Sub-article 16-3 herein.

المادة 20

The provisions stipulated in the Law of Juveniles shall be applicable for juveniles who have reached seven years and under sixteen years of age. The death sentence may not be imposed on a juvenile who is under eighteen years of age at the time of committing the offence. Part 3 The Crime Chapter One Classification of Crimes

المادة 21

Offences are three types: Felonies; Misdemeanors; and Contraventions. The nature of the offence shall be determined according to the maximum limit of the penalty prescribed by the law.

المادة 22

Felonies are offences sanctioned by the death sentence, life imprisonment, or imprisonment for a term more than three year. Unless the provisions of the law stipulate otherwise, imprisonment for felonies shall not be less than three years.

المادة 23

(Amended By Law 23/2009) الجنح هي الجرائم المعاقب عليها بالحبس لمدة لا تزيد على ثلاث سنوات وبالغرامة التي تزيد على ألف ريال، أو بالتشغيل الاجتماعي، أو بإحدى هذه العقوبات، ما لم ينص القانون على خلاف ذلك.

المادة 24

Contraventions are offences punishable by a fine not exceeding one thousand Qatari Riyals (QR 1000).

المادة 25

Save as otherwise stipulated by the law, the nature of the offence shall not change in case the court decides to replace the prescribed sanction thereto with a more mitigated one, whether on grounds of legal excuses, or because of discretionary extenuating circumstances. Chapter Two Elements of Crimes Material Element The Consummated Crime

المادة 26

The material element of an offence is the criminal behaviour involved in the commission or omission of an act where such commission or omission is criminal according to the law.

المادة 27

A person shall not be liable for an offence that did not result from his criminal behaviour. However, a person shall be liable for an offence if, together with his criminal behaviour, some other prior, contemporaneous or subsequent cause, whenever this cause is expected in the ordinary course of events, played a part in its commission. Where this cause alone is sufficient in itself to cause the result of the offence, the person shall only be liable for the act he has actually committed. Attempt

المادة 28

An attempt is the initiation of an act with the intention to commit a felony or misdemeanor, which is prevented or frustrated for reasons unrelated to the intentions of the perpetrator. Save as otherwise stipulated by the law, the mere intention to commit a felony or a misdemeanor or acts in preparation thereof shall not be deemed as attempting.

المادة 29

Unless otherwise provided in the law, attempt to commit a felony shall be sanctioned by the following penalties: Life imprisonment, should the penalty prescribed for the felony is death sentence. Term imprisonment of no more than fifteen years and not less than five years, should the penalty prescribed for the felony is life imprisonment. Imprisonment for a term not exceeding half the maximum limit prescribed for the consummate felony, if the sanction of the felony is imprisonment.

المادة 30

The law shall determine the misdemeanors in which the attempt is punishable by law as well as the penalty for such attempt.

المادة 31

The provisions governing secondary punishments prescribed for the consummate offence shall apply to the attempt. Mental Element

المادة 32

The mental element of the crime is composed of the intention ( mens rea) or the mistake. the intention is present when the will of the perpetrator is directed to commit or omit an act, in order to produce a result punishable by law and which the perpetrator expected. The mistake occurs whenever the criminal result is achieved as a result of a mistake on the part of the perpetrator, whether such mistake is due to negligence, carelessness, non-precaution, recklessness, imprudence or non-observance of the laws or regulations. Unless the Law explicitly provides for premeditation, the perpetrator shall be liable for the offence whether it was committed deliberately or by mistake.

المادة 33

The criminal intention is deemed to have been exceeded when the intention of the perpetrator was to produce a result less severe than that produced and which he did not intend.

المادة 34

“Ignorantia juris non excusat”: Ignorance of the law is not an excuse. Ignorance of the offence provision or the wrong interpretation thereof shall not negate the actual criminal intent.

المادة 35

Unless otherwise stipulated by law, the motive for the commission of an offence is not taken into consideration.

المادة 36

mistake of fact, on reasonable grounds, shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime. If an offence is committed because of a mistake of fact, the liability of the perpetrator shall be determined on the basis of the facts as he believed them to be if they were to negate or reduce his liability, provided that his belief is based on reasonable grounds. In case the mistake that makes the perpetrator believes his non-liability is due to his negligence or incaution, he shall be liable for a non premeditated crime, should the law sanction this offence as such.

المادة 37

Except for ministries, other governmental departments, and public organizations and institutions, any other legal person shall be criminally liable for the offences committed by his representatives, managers, and agents acting on his behalf or in his name, and it shall not be allowed to judge him except by a fine, and applicable provisions from the secondary penalties stipulated by law; if the law stipulates a principal penalty in addition to the fine, then the fine shall not exceed a maximum limit of five hundred thousand (500.000) Qatari Riyals. This does not negate the punishment of the perpetrator in person with the appropriate penalty set out in the law. Chapter Three Complicity

المادة 38

A perpetrator is one who: 1- Commits an offence by himself or with another. 2- Commits on purpose an act or the elements constituting the offence, should it consist of several elements. 3- Acts as accomplice in the commitment of the offence and be present during its execution. 4- Uses another person by any means to execute the elements of the offence, where the latter is considered non-liable for any reason.

المادة 39

The following shall be deemed as accomplice: Whoever abets the commission of an offence which occurs as a consequence of such abetting. Whoever agrees with another on the commission of an offence which occurs as a result of such agreement. Whoever knowingly aids the perpetrator in any manner in the commission thereof, making the occurrence thereof possible, due to such aid. Whoever knowingly supplies the principal to an offence with a weapon, instrument or anything else to commit an offence or deliberately assists the principal in any other way to carry out acts thereof

المادة 40

Unless otherwise stipulated by the law, whoever participates in the commission of an offence shall be punishable by the penalty prescribed for that offence.

المادة 41

Where an accomplice is not subject to the sanction on grounds of one of the causes of permissibility, or for the lack of criminal intent or for other particular reasons related thereto, the other accomplices shall not benefit therefrom.

المادة 42

Where there exist material circumstances in the offence that would by their nature aggravate or extenuate the penalty, they shall affect all participants to the offence, principal or accessory, whether they are aware of those circumstances or not. Where there are personal circumstances which would change the description of the offence, they shall not affect any person other than the person concerned, unless that other person is aware of them. Any other circumstance shall only affect the person concerned, whether or not it is aggravating or extenuating.

المادة 43

Where there exist personal defences absolving from or extenuating the penalty to an offence, whether as principal or accessory, then it shall affects only the person concerned. Material defences that absolves a party to an offence from the penalty or extenuating that penalty shall apply on whoever participated in the offence.

المادة 44

Should the characterization of the crime or the penalty change according to the intent of the perpetrator or his knowledge circumstances thereof, the accomplices in the offence, whether perpetrator or accomplice shall be punished according to their intent or knowledge.

المادة 45

A party to an offence, whether as principal or accessory, is only punishable by the penalty for the offence that has actually been committed even though he did not intend to commit the offence, as long as the offence that is committed is the probable consequence of his participation in it

المادة 46

Should a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, will necessarily amount to or involve the commission of a felony or misdemeanor by one or more of the parties to the agreement, the person(s) shall be guilty of criminal agreement, even if the offence or offences in question, was not committed. The penalty of criminal agreement shall be imprisonment for a maximum term of five years, if the penalty of the offence in question was death sentence or life imprisonment. Unless the law provides otherwise, if the penalty for the offence is less than the foregoing penalty, the penalty for the criminal agreement shall be imprisonment for one-third of the maximum term of imprisonment imposed for the offence, or a fine not exceeding one third of the maximum fine imposed Any person shall be exempted from the penalties prescribed herein, If he promptly notifies the competent authorities of the existence of a criminal agreement and of participants therein, before any felony or misdemeanor is committed as a result of that agreement, and before those authorities have begun to investigate the conspirators. If the authorities are notified after they have begun their investigations, then he is not exempted from the penalty unless the information leads to the arrest of the conspirators. Part 4 Reasons of Permissibility

المادة 47

Nothing is an offence which is done in good faith, in exercising the right justified by the Law or Islamic Sharia and within the limits thereof. The said rights are as follows: 1- Practicing medicine according to acknowledged scientific principles in the licensed medical professions, with the consent of the patient or his representative, expressly or implicitly, or if the medical procedure is an emergency or the patient is not in a condition to express his will or it is difficult to obtain the consent of his representative in a timely manner. 2- Violence while practicing sports within the limits decided for the game, in compliance with the rules of caution. 3- The necessary violence to arrest a perpetrator caught flagrante delicto. 4- Challenge of litigants against each other during the written or verbal defense in front of the investigating authorities or the courts within the limits that this defense requires

المادة 48

There is no crime if a public servant commits the act in any of the following cases: 1- Executing the order of a superior that he must obey, or that he thought was his duty to obey. 2- Enforcing law, or believing in good faith that it is his duty to enforce it. In all cases, the employee must prove that he did not commit the act until he had investigated it and as a result believed that it was legal according to reasonable causes.

المادة 49

Nothing is an offence which is done in the exercise of the right of legal defence. The right of legitimate defense exists when the following conditions are available: When the defendant acts reasonably to defend himself or others or his property or the property of others from a significant or imminent danger provided that the act contributing to the offence is proportionate to the danger from which he is protecting himself. When the defendant is unable to recourse to the public authority at the appropriate time to avoid danger. When the defendant has no other way to avoid the danger. When the offence is necessary to face an attack and is proportionate to it.

المادة 50

The right of legitimate defense does not allow intentional killing except to avert one of acts hereinafter enumerated: Such an assault as may reasonably cause the apprehension that death or grievous hurt will otherwise be the consequence of such assault 2- An assault with the intention of committing rape, or ravishment of any person by force. 3- An assault with the intention of kidnapping or abducting. 4- Felonies of arson, destruction or theft. 5- Breaking inhabited house or annexes thereof by night.