Skip to content Skip to sidebar Skip to footer

Commentary on the Amendments to the Qatari Penal Code under Law No. 14 of 2024

By: Taha Rashed – Senior Associate

        Razan Al-Hawash – Associate

The Penal Code is characterised by its rapid responsiveness to changes and modern developments, which naturally evolve in response to emerging societal needs. This ensures maximum effectiveness in achieving the deterrent purpose of punishment under modern criminal policies.

As part of its ongoing efforts to stay abreast of developments, the Qatari legislator issued Law No. 14 of 2024 (“Amending Law”), amending specific provisions of the Penal Code. The Amending Law was ratified by His Highness the Amir on September 1, 2024, and published in the Official Gazette—Issue Fourteen—on October 17, 2024.

The Amending Law adds new actions to the scope of criminalisation and assigns appropriate penalties for the same. The Amending Law also includes revisions to specific penalties previously stipulated, introducing changes to both principal and supplementary penalties by increasing some imprisonment and financial penalties while reducing others. The changes introduced by the Amending Law apply to the first paragraph of Article 86, Articles 308, 309, 311, 312, the first paragraph of Article 134, Article 139, the second paragraph of Article 201, and Article 333 of the Penal Code.

Specifically, the Amending Law adds Article 139 bis regarding the crime of unlawful entry into or exit from the State. The penalty now applies to both the principal offender and any accomplice assisting in preparing, facilitating, or completing this crime in any manner. Punishments include imprisonment for up to 3 years, a fine not exceeding QR 100,000, or both penalties. The penalties are doubled if the offender is charged with another crime or is subject to a prior sentence, arrest order, travel ban, or entry ban. This amendment aims to strengthen border protection and enhance national security.

The Amending Law also introduces a new provision under Article 201 (second paragraph), criminalising any act committed by any means that insults or harms the reputation of the judiciary or the Public Prosecution. Penalties include imprisonment for up to 2 years, a fine not exceeding QR 10,000, or both—an important measure to preserve the dignity of and respect for judicial institutions.

Finally, the Amending Law adds new crimes under Article 333 bis, criminalising the following acts:

  1. Taking or transmitting photos or videos of an individual or individuals in a public place using any device, with the intention of using them for harm or defamation.
  2. Taking or transmitting photos or videos of injured persons or deceased victims at accident scenes using any device, except in legally authorised cases.

These acts have now been explicitly classified as privacy violations. The penalties for these acts are imprisonment for up to 2 years, a fine not exceeding QR 10,000, or both. This reflects the growing emphasis on protecting personal privacy and preventing unlawful exploitation of private information.

Regarding penalties that were either increased or reduced, the Amending Law revised the penalty for professional disqualification of individuals based on a felony conviction related to their profession. Under the new amendment to Article 68 (first paragraph), the duration of professional disqualification was reduced from 10 years to 7 years. Judges have also been granted the discretion to bar individuals who commit a felony while practising their licensed profession. The previous 10 year ban was considered excessively harsh, especially for individuals whose profession may be their sole source of income. The reduced 7 year period is deemed sufficient to achieve deterrence while maintaining fairness.

Additionally, Article 134 (first paragraph) has been amended, increasing the imprisonment penalty for anyone who unlawfully insults His Highness the Amir in a manner inconsistent with societal values and traditions. The penalty was increased from 5 years to 7 years to uphold respect for the Amir, the symbol of the State and its highest constitutional authority.

As for Articles 308 and 309 concerning bodily harm, the penalties are also increased. The fine for intentional physical assault causing illness or incapacitation for more than 20 days was raised from QR 10,000 to QR 50,000. Under the second paragraph of Article 308, the fine for assault committed with premeditation, ambush, or by multiple persons was increased from QR 15,000 to QR 75,000.

The fine under Article 309 for lesser bodily harm not reaching the severity described in Articles 307 and 308 was increased from QR 5,000 to QR 25,000. These amendments reflect adjustments to financial penalties to align with current economic conditions. The goal is to protect individuals’ physical integrity and maintain societal safety.

The Amending Law also affects Article 311, increasing the fine for causing death by negligence from QR 10,000 to QR 50,000. Additionally, a new discretionary fine of QR 20,000 has been added to the penalty, in addition to imprisonment, and applies if the victim’s family pardons or accepts blood money.

Article 312 was also amended by increasing the fine for causing injury by negligence from QR 1,000 to QR 5,000. If the act results in permanent disability, the fine under the second paragraph is increased from QR 5,000 to QR 15,000. A discretionary fine of QR 1,000 has also been added to the penalty alongside imprisonment when the victim or guardian pardons or accepts compensation.

In conclusion, these amendments aim to strengthen the rule of law, promote respect for legal institutions, and protect the symbols of the State. They focus on safeguarding individuals and society from unlawful physical or moral harm, contributing to societal stability and reaffirming Qatar’s commitment to continuously developing its legislative framework in support of justice and rights.