The Legal & Judicial Journal
This editorial introduces Volume 19, Issue 2 of the Legal & Judicial Journal, highlighting the issue’s focus on legal research and studies, as well as key legal opinions (Fatawa). The editorial emphasizes the importance of criminal law, contractual studies, environmental protection, and other legal developments in Qatar, aiming to provide scholarly insight and support the advancement of legal knowledge in the Qatari legal system .
This study explores the criminal protection of the environment under Qatari law within a comparative framework, employing a comparative analytical methodology. It arrives at several key conclusions, foremost among them being that safeguarding the environment in all its dimensions affirms the human right to live in a clean, pollution-free setting, which represents a cornerstone of human security. Environmental violations, irrespective of their form, extend far beyond infringing upon the rights of an individual, a group, or even the state as a political entity. Rather, they encroach upon the rights of society at large and humanity as a whole, threatening survival, continuity, and the very foundations of existence and development.
Criminal protection emerges as the most significant and effective form of legal safeguard, given the severity and deterrent nature of criminal sanctions, which serve to curb behaviours that endanger environmental resources such as land, air, and water. Ensuring effective criminal protection of the environment requires regular and systematic reviews of environmental legislation to reassess prescribed penalties for various forms of environmental harm. Equally important is the establishment of criminal liability for legal entities, particularly since corporations and institutions with substantial economic capacity are often responsible for such violations. Moreover, there is a pressing need to intensify environmental awareness initiatives, highlighting the dangers of pollution in all its forms through diverse media channels, as well as integrating environmental education into school curricula across all levels of education.
The Qatari Commercial Law of 2006 addressed the regulation of the bank locker contract (Articles 362–370). Given the legislator's use of lease-related terminology in regulating this contract, the prevailing commercial doctrine view in Qatar has classified this contract as a type of lease. However, some civil law scholars in Qatar regard it as a special type of deposit. Nevertheless, this characterisation conflicts with modern trends, particularly in France, where the prevailing doctrinal opinion emphasises its unique nature and describes the contract as an application of contrats de garde. This perspective aligns with the specific obligations involved, prioritises the client’s weaker position, and balances it with the bank's economic power. The researcher aims to discuss this perspective to support its application in Qatar and other Arab countries.
Methodology/ Approach:The study adopts a synthetic and critical approach, leveraging French legal scholarship and case law.
Findings/ Observations:The study highlights the classification of the bank locker contract as a complex contract that combines elements of deposit and lease. It concludes that the contract is closer to a deposit, with unique characteristics requiring the bank to fulfill essential obligations, including ensuring access, monitoring identity, maintaining security, and preserving confidentiality.
The study also finds that French judicial precedents regarding this contract have developed a legal framework that accounts for its unique nature. These precedents serve as the historical source for the provisions of this contract in Arab commercial laws, necessitating their consideration in interpretation.
Originality/ Value:Although the study addresses a traditional topic, i.e., the classification of the bank locker contract, it stands out by critically analyzing the prevailing view of the contract as a type of lease in light of the latest comparative law trends. This analysis offers pioneering insights in this field, particularly within Arab legal scholarship and in Qatar specifically.
This research presents an analytical study of the crime of cyber-extortion, as one of the emerging crimes resulting from the rapid development of information and communications technology, and the resulting transformation of traditional crime patterns into cross-border electronic forms.
The research is divided into three main sections, each addressing a fundamental aspect of the crime under study.
The first section reviewed the nature of the crime of cyber-extortion through two sections. The first section defined cyber-extortion, highlighting its distinction from traditional forms of extortion, both in terms of methods and criminal impact.
The second section was devoted to explaining the legal and technical characteristics that distinguish this crime, in terms of the electronic nature of its means of commission and its relationship to the digital environment.
The second section analyzed the elements of the crime of cyber-extortion through two sections. The first addressed the material element, clarifying its elements represented by the criminal behavior, the electronic means used, and the criminal outcome.
The second section addresses the moral element, highlighting general and specific criminal intent and the extent to which the intent to cause harm or illicit gain is required.
The third section examines the penalties prescribed for the crime of cyber-extortion. The first section addresses the primary penalty prescribed by criminal legislation, in terms of its nature and the extent to which it is appropriate to the seriousness of the act committed.
The second section addresses the supplementary and consequential penalties that may be imposed on the offender, as well as cases of exemption from punishment, whether for considerations related to cooperation with the authorities or the absence of some of the elements of the crime.
This research aims to contribute to enriching the legal debate surrounding the crime of cyber-extortion, highlighting the shortcomings of national legislation compared to accelerating technological challenges, and presenting a reformist vision that enhances the effectiveness of legislative responses to this type of crime.
The right of defense is a sacred right that should not be violated and shall be guaranteed to all regardless of their social status. Since the different legal systems have been concerned with the State’s right in indicting suspects according to a sound legal framework, they have also granted them real guarantees in order to create some balance between the incrimination and punishment authority of the State and the individuals’ rights and freedoms, in pursuit of criminal justice and rendering fair verdicts by providing timely legal assistance to all who need it.
This research presents an analytical study on political crimes as one of the main obstacles to the extradition of criminals under international and Qatari law, focusing on the principle of non-extradition for political crimes, its evolution, the challenges of its implementation, and contemporary jurisprudential opinions advocating for its restriction. The study also examines the impact of this principle on international judicial cooperation and transnational organized crime. The aim of the research is to provide a unified legal perspective on the extradition system and to limit the application of the non-extradition principle for political crimes, thereby promoting international justice and enhancing the effectiveness of the extradition system.
The right of defense is a sacred right that should not be violated and shall be guaranteed to all regardless of their social status. Since the different legal systems have been concerned with the State’s right in indicting suspects according to a sound legal framework, they have also granted them real guarantees in order to create some balance between the incrimination and punishment authority of the State and the individuals’ rights and freedoms, in pursuit of criminal justice and rendering fair verdicts by providing timely legal assistance to all who need it.
Although the extradition system is not a recent development, the evolution of globalization has significantly impacted its implementation. As globalization dissolves borders and accelerates the movement of individuals—whether to commit crimes or to escape prosecution after committing them—researchers have increasingly focused on this system. This is the central aim of our study.
The research explores the extradition system by examining its origins, the developments it has undergone, its key characteristics, and the sources from which it derives. International agreements play a dominant role in this regard. The study then addresses the legal nature of extradition, revealing its inherent instability due to the tension between international cooperation on the one hand, and the principles of sovereignty on the other.
Next, the study discusses the primary obstacles to extradition, with particular focus on political crimes. In order to understand these obstacles, the research identifies the characteristics and types of political crimes, which, since the early nineteenth century, have been a basis for refusing extradition. This gave rise to the principle of "non-extradition for political crimes." The research concludes by examining this principle, its underlying reasons, criticisms, and recent shifts in jurisprudence that advocate for its restriction.
Finally, the study presents the key conclusions and recommendations aimed at fostering a unified legal framework for the extradition system. The goal is to narrow the scope of the principle of non-extradition for political crimes, thereby ensuring the system’s effectiveness, particularly in addressing the new challenges of transnational organized crime.