Preventive Detention in Qatari Criminal Procedure Law

Preventive detention is a legal measure whereby an individual is held in custody during an investigation before being convicted or tried in a specific case. The law legitimizes this measure for the benefit of the investigation; it is not a penalty imposed by the investigative authority. It must be strictly limited to the requirements of the investigation, and the investigative authority must not abuse this provision.

What is Preventive Detention?

Preventive detention refers to the lawful action taken by the competent authorities to detain an individual under investigation before their conviction or trial in a specific case, for the benefit of the investigation.

Does Preventive Detention Constitute Coercion that Invalidates Confessions?

According to the Qatari Court of Cassation, preventive detention is a legitimate measure that does not constitute moral coercion capable of invalidating confessions. It cannot serve as grounds for challenging such confessions.

Reasons for Preventive Detention

The law outlines several reasons justifying preventive detention, including:

1. Risk of Flight: Detention is warranted if there is a fear the accused may flee, especially if the crime committed carries severe penalties.
2. Preservation of the Investigation Process: Preventive detention prevents the accused from interfering with the investigation, such as tampering with evidence or influencing witnesses.
3. Completion of Investigations: Ongoing inquiries and investigations into the case may necessitate preventive detention.

Authority to Issue Preventive Detention Orders

The law grants the public prosecution the authority to issue preventive detention orders against an accused individual. This must be done after interrogating the accused, for an initial period of four days, which can be extended for a similar period.
For certain offenses listed in the Criminal Code that could harm the national economy, the detention period is extended to eight days, renewable for another similar period.

If the investigation requires the suspect to remain in detention after the time allocated to the prosecution has elapsed, the public prosecution must refer the matter to a judge of the competent primary court. The judge, after reviewing the documents and hearing statements from the prosecution and the accused, may decide to extend the detention for no more than 30 days, renewable for similar periods, or release the accused on bail or without bail.

Maximum Duration of Preventive Detention Under Qatari Law

Under Qatari law, preventive detention may not exceed six months unless the accused has been formally referred to the competent criminal court before the end of this period.

• If the charge involves a felony, preventive detention may exceed six months only after obtaining an order from the competent criminal court to extend the detention for no more than 45 days, renewable for similar periods.
• Otherwise, the accused must be released.