Lakhasly

Case Summary - Court of Cassation, Criminal Case No. 104/2016 Case Citation Qatar Court of Cassation, 104/2016 (19 Dec. 2016).He then had non-consensual intercourse with her.Rule According to Article 300 of the Qatari Penal Code, if the heirs of the victim pardon retaliation or accept blood money, the death penalty must be replaced by imprisonment not exceeding fifteen years ?.Issue Whether the lower court made an error in applying the law by sentencing the accused to life imprisonment despite the victim's heirs pardoning retaliation (qisas) ?.Analysis The Court of Cassation explained that intent to kill can be inferred from circumstances, and in this case the confession, forensic evidence, and witness statements proved the crime.Procedural Facts The Criminal Court sentenced the accused to life imprisonment, confiscation of the weapon, and deportation.Since the heirs pardoned, life imprisonment was unlawful.?Holding Yes.

Case Summary – Court of Cassation, Criminal Case No. 104/2016
Case Citation
Qatar Court of Cassation, 104/2016 (19 Dec. 2016). 

Procedural Facts
The Criminal Court sentenced the accused to life imprisonment, confiscation of the weapon, and deportation. The Court of Appeal confirmed the same judgment. The defendant appealed again to the Court of Cassation.

Substantive Facts
The accused was a building guard. The victim asked him to fix something in her apartment. He got angry after she shouted at him, pushed her, and she lost consciousness. He then had non-consensual intercourse with her. To make sure she died, he stabbed her in the chest with a knife. He hid the weapon and left the apartment. The forensic report and witnesses confirmed the cause of death was the stabbing and that the victim was alive at the time of the assault .

Issue
Whether the lower court made an error in applying the law by sentencing the accused to life imprisonment despite the victim’s heirs pardoning retaliation (qisas) .

Holding
Yes. The Court of Cassation found an error in applying the law. The punishment should have been reduced to imprisonment of no more than 15 years when the heirs pardoned.

Rule
According to Article 300 of the Qatari Penal Code, if the heirs of the victim pardon retaliation or accept blood money, the death penalty must be replaced by imprisonment not exceeding fifteen years .

Analysis
The Court of Cassation explained that intent to kill can be inferred from circumstances, and in this case the confession, forensic evidence, and witness statements proved the crime. However, the lower court erred by not applying Article 300 correctly. Since the heirs pardoned, life imprisonment was unlawful. The Cassation Court corrected the judgment, reducing the punishment to 15 years