Offences that cause permanent disability: An Analysis of the Qatari Penal Code and the Verdicts of the Qatari Court of Cassation

Abstract

Causing permanent disability is criminalized under different legislations. In fact, an offence which causes a permanent disability is considered by various legislations as aggravated assault, which highlights the gravity of this crime. This said, offences which cause a permanent disability are either considered intentional, in which case they fall under the category of general intent crimes, or unintentional in which case they are considered unintentional torts.The Qatari legislator considers offences which cause a permanent disability as gen- eral intent crimes while the Qatari Court of Cassation deals with this type of crimes as exeedable intent crimes. This paper will discuss the approach adopted by the Qa- tari Court of Cassation and will address some of the challenges posed by the Court’s approach with respect to the constitutional principles of separation of powers and legality.Finaly, the paper concludes with various recomendations to help tackle the issue of criminal acts which cause a permanent disability in an effective manner. One of the key recommendations that this study proposes is the need to classify this crime under the category of exeedable intent crimes to avoid any potential conflict with the basic tenets of the constitution.