Cheques and Promissory notes are admissible in evidence for civil cases such as Collection Cases for sum of money, Judicial Foreclosure of Mortgage, etc. but not for ciminal prosecution of estafa or deceit.
While checks may have probative value to establish motive or intent it is not the quantum of proof to establish guilt beyond reasonable doubt. Promissory Notes on the other hand will disprove estafa since this document will clearly establish a loan transaction.
The safest way in transaction involving forebearance of money or exchange of goods for money is to have a contract or document that clearly specify the nature of transaction.
Never get swayed by sweet talking persons and you might end up scammed.
Ms J, promissory notes are not evidence of estafa but of loan. Promissory notes are ancillary documents to the principal contracts of loan. If one cannot pay his loan, you do not sue him for estafa even if this is accompanied promissory notes and with rubber checks.
Issuance of bounching checks are not punishable as a crime in Qatar if that is what you have in mind.
there you have it, your reference to the word "borrowed" presuppose the existence of a simple loan, and your allegations for estafa is doomed.
electronic mails or emails are now admissible in evidence in courts under certain qualifications. but what you have on hand is evidence of simple loan not estafa. in which case, if the amount involved is substantial, you are advised to seek a local lawyer to assist you in filing a simple case for sum of money and damages. Legal fees here are quite expensive, prepare with your deep wallet.
the formality or informality of your document is immaterial. What is material for your case to prosper in ourt is the substance of your document.
It must show the nature of your transaction, mentions the goods or money he received, his name and signature thereon, and any witnesses to the transaction.
If you parted goods or money based on his representations, and which you awfully trusted, and his promise or acknowledgement of paying you back, and he reneged on this promise, then you have a criminal case for deceit or estafa.
Evidence is very important in criminal prosecution. Oral testimony will not prove guilt beyond reasonable doubt, the quantum of evidence required to convict an accused in a criminal prosecution.
The rejoinder of qatarisun is well taken, your respondent can easily deny having received money from you or simply say that the money is simple loan, and you have no case for estafa.
The essential element of estafa is "trust" and "exchange of goods or money". Prove this both and you have a case for estafa.
Qatar criminal and civil procedures are unique in the entire gulf region. It has both the regular courts and the sharia courts.
For estafa or deceit, it is normally filed with a complaint with the prosecutor and after preliminary investigation, it will be filed with the Court of First Instance. You need not hire a lawyer since the prosecutor will be your lawyer. But bear in mind to produce evidence on estafa or deceit. If you have no documentary exhibits forget your complaint and charge it to experience.
Sharia courts handle family relations law and criminal cases involving Qataris and muslim litigants. Cases involving foreigners, civil or criminal are handled by regular courts.
well...i don't know if this evidence is strong enough from the point of law.. but it's better than nothing.. because he can say that you gave him this money as a gift.. than what?
rimlaw, don't think that police will react so easy.. they need to make sure that their action is legal. he didn't STILL this money, she gave it to him...THat's why she needs a contract where it's cleary stated that money is LENDED to him, with the time frames and conditions.
*********************
“You become responsible forever for what you have tamed”. Antoine de Saint-Exupéry
You have 3 options. You may lodged a complaint or blotter with any nearest police station. If he is a foreigner, the police will give him a visit together with your complaint. If the respondent will not own up, they can file your complaint with the prosecutors.
If the respondent is Qatari, you go to the Ministry of Human Rights and they will assist you there.
You may also try your embassy which normally have legal officers familiar with local criminal procedures to assist you.
if Estafa is what MJ said, then what Human rights can do with that? Honestly, I think nobody can do anything about it, unless there is a legal written contract of lending/borrowing money. Even in this case the procedure is way too long and you might end up with giving to the lawyers much more money than you are owed...
*********************
“You become responsible forever for what you have tamed”. Antoine de Saint-Exupéry
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Cheques and Promissory notes are admissible in evidence for civil cases such as Collection Cases for sum of money, Judicial Foreclosure of Mortgage, etc. but not for ciminal prosecution of estafa or deceit.
While checks may have probative value to establish motive or intent it is not the quantum of proof to establish guilt beyond reasonable doubt. Promissory Notes on the other hand will disprove estafa since this document will clearly establish a loan transaction.
The safest way in transaction involving forebearance of money or exchange of goods for money is to have a contract or document that clearly specify the nature of transaction.
Never get swayed by sweet talking persons and you might end up scammed.
rimlaw ...so what is the safest way of transaction?
Since Cheques & Promissory notes are not enforceable.
Thank you for the response.
I have an evidence.
I have an evidence. An email conversation as an evidence of borrowing money and the promise to pay.
There is deceit. No promissory note was issued. It is purely based on trust.
?
Ms J, promissory notes are not evidence of estafa but of loan. Promissory notes are ancillary documents to the principal contracts of loan. If one cannot pay his loan, you do not sue him for estafa even if this is accompanied promissory notes and with rubber checks.
Issuance of bounching checks are not punishable as a crime in Qatar if that is what you have in mind.
there you have it, your reference to the word "borrowed" presuppose the existence of a simple loan, and your allegations for estafa is doomed.
electronic mails or emails are now admissible in evidence in courts under certain qualifications. but what you have on hand is evidence of simple loan not estafa. in which case, if the amount involved is substantial, you are advised to seek a local lawyer to assist you in filing a simple case for sum of money and damages. Legal fees here are quite expensive, prepare with your deep wallet.
the formality or informality of your document is immaterial. What is material for your case to prosper in ourt is the substance of your document.
It must show the nature of your transaction, mentions the goods or money he received, his name and signature thereon, and any witnesses to the transaction.
If you parted goods or money based on his representations, and which you awfully trusted, and his promise or acknowledgement of paying you back, and he reneged on this promise, then you have a criminal case for deceit or estafa.
Evidence is very important in criminal prosecution. Oral testimony will not prove guilt beyond reasonable doubt, the quantum of evidence required to convict an accused in a criminal prosecution.
The rejoinder of qatarisun is well taken, your respondent can easily deny having received money from you or simply say that the money is simple loan, and you have no case for estafa.
The essential element of estafa is "trust" and "exchange of goods or money". Prove this both and you have a case for estafa.
Qatar criminal and civil procedures are unique in the entire gulf region. It has both the regular courts and the sharia courts.
For estafa or deceit, it is normally filed with a complaint with the prosecutor and after preliminary investigation, it will be filed with the Court of First Instance. You need not hire a lawyer since the prosecutor will be your lawyer. But bear in mind to produce evidence on estafa or deceit. If you have no documentary exhibits forget your complaint and charge it to experience.
Sharia courts handle family relations law and criminal cases involving Qataris and muslim litigants. Cases involving foreigners, civil or criminal are handled by regular courts.
well...i don't know if this evidence is strong enough from the point of law.. but it's better than nothing.. because he can say that you gave him this money as a gift.. than what?
rimlaw, don't think that police will react so easy.. they need to make sure that their action is legal. he didn't STILL this money, she gave it to him...THat's why she needs a contract where it's cleary stated that money is LENDED to him, with the time frames and conditions.
*********************
“You become responsible forever for what you have tamed”. Antoine de Saint-Exupéry
You have 3 options. You may lodged a complaint or blotter with any nearest police station. If he is a foreigner, the police will give him a visit together with your complaint. If the respondent will not own up, they can file your complaint with the prosecutors.
If the respondent is Qatari, you go to the Ministry of Human Rights and they will assist you there.
You may also try your embassy which normally have legal officers familiar with local criminal procedures to assist you.
Good Luck.
if Estafa is what MJ said, then what Human rights can do with that? Honestly, I think nobody can do anything about it, unless there is a legal written contract of lending/borrowing money. Even in this case the procedure is way too long and you might end up with giving to the lawyers much more money than you are owed...
*********************
“You become responsible forever for what you have tamed”. Antoine de Saint-Exupéry
My friend had the same things... he went to Ministry of Human Rights.
______________________
Make Love... Not War!
somebody owed her money and run out on her,...
What is Estafa?
Ministry Of Human Rights
Somewhere in WestBay