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    The content of these observations is an abstract of several articles published in the "Judiciary Police Newsletter" under the heading "Cooperation Between Police and Citizens", i.e.: definition of several categories of offences and the penalties that they incur, as well the handling of criminal proceedings and other tasks under the jurisdiction of this Police.

How Judiciary Police Enforces the Law  |Crime definitions and penalties|

1 .
Someone threatened me in the beginning of the last year. At that time, I chose not to file a complaint. Nowadays I feel rather discomfort whenever I start thinking of what had happened. Will I still be able to proceed against him?
 
 
Article 147 of the Penal Code provides that threat is a semi-public offence. First of all, the victim or his/her legal counsel should report the crime to the judiciary, and request for a criminal liability. The criminal proceedings against the offender will be based on the complaint. On the other hand, Article 107 of the Penal Code provides that the right to report a semi-public offence shall last until the crime prescribes. However, the party who is entitled to request for a criminal liability shall exercise his/her right within 6 months term, as of the date of the offence or the one that he knew about the facts.
In the case in point, the threat had occurred in the beginning of the last year, which means more than six months ago and, consequently, you are no longer entitle to file a complaint related to that incident.
 
 
2 .
I have read sporadic reports in the newspapers about people who have been unlawfully seized by loan sharks and, while in custody, they were forced to contact family members to pay ransom money. Why the loan sharks are charged with illegal imprisonment and not abduction, following their arrest?
 
 
In abduction cases the culprit uses violence, threat or trick to seize a person with the intent to: submit the victim to extortion; commit an offence against the victim's sexual freedom and self-determination, obtain ransom or compensation, compel the public authority or a third person for an action or omission, or to back up an activity. These characteristics are not applicable to cases of illegal imprisonment. In these cases what it needs is the intention to deny freedom to a third person.
Hence, when the victim is taken to the place where the loan shark denied him/her freedom, with the intent to extort by means of violence, treat or means of persuasion, the crime is classified as abduction. When the victim is taken to the place where he/her was denied freedom without the use of violence, threat or trick, the crime is classified as illegal imprisonment. .
 
 
3 .
Last month a friend of mine borrowed me some money, and he promised that I would get it back in one-month time. He gave me his mobile number to make it easier for me to get in touch with him. After that, I have been unable to get hold of him, and I thus believe that I might have been conned. My question is: can I file a complaint with the Judiciary Police?
 
 

As a matter of fact, cases that involve lending money amongst friends are not unusual. However, any person who borrows money and knowingly, right from the beginning and at the time that the loan was taken, that he/she would not pay it back and vanish from de creditor to avoid reimbursement might have breached the law. In short, we will say that he or she who intentionally fails to repay a debt, causing asset damages to a third party as a result, is liable to be charged with deception.
According to the provisions of the Penal Code, deception takes place when a person deliberately tries to accrue illicit gains for himself/herself or for a third party and/or orchestrate techniques to induce other persons in error or mislead them to do something that would cause asset damages to themselves or someone else.
It ought to be mentioned here that deception is a semi-public offence, meaning that the plaintiff must provide evidence to support his/her claims that the debtor had previously intended not to pay back the money involved when he/she asked for a loan. Should the debtor have the intention to reimburse when the loan was taken, and after that he/she finds himself/herself in a situation that makes him/her unable to repay, it won't be a crime if he/she vanish to avoid repayment. In these circumstances, the creditor must proceed in a civil lawsuit to claim damages.

 
 
4 .
On public holidays, I normally invite friend to play mah-jong in my place. I would like to know if we might be subjected to prosecution should we talk too loud during the games. I was told that we might also be charged with illegal gambling. Is that true?
 
 
It is not a wrongdoing when family members and friends get together at home to enjoy themselves playing mah-jong on public holidays. However, you must be careful not to be too noisy and should avoid disturbing others in any way.
Law No. 8/96/M governs the Illegal Gambling. This piece of legislation provides that those who play mah-jong after mid-night, and disturb the peace and rest of the neighbourhood with noise or in any other way might be liable to prosecution. This type of behaviour is deemed to be an administrative offence, and the offender is liable to imprisonment for a maximum 1 year term, and the others involved are liable to a fine of up to MOP$1.000,00. This figure will be twice as much in cases of contumacy.
We shall also bring to light that any person who plays mah-jong with intent to make profits, even if it happens in a private house, is liable to be jailed for up to 1 year or face a fine. Players are also liable to a fine of MOP$10.000,00.
Let's recall that one must be careful not to make noise while playing mah-jong in a private house so as to avoid disturbing others and breaching the law. Above all, keep away from illegal gambling.
   
 
5 .
I’m the owner of a shop and, lately, I’ve been at odds with the owner of the shop next-door, over the placement of goods. We had another argument today, and he grabbed a pair of scissors and yelled at me: “I’ll kill you!”
Although he did not cause me any harm, I really got scared of him because he looked so mean. Since I’m afraid that one day he might get heavy on me, I would like to know if, under the circumstances, I could file a complaint with the police.
 
 

According to the provisions of the Criminal Code, Article 147: “Any person who threatens another with killing, assault; deprivation of personal liberty or sexual self-determination, or assets of considerable value; use adequate means to cause fear or unrest, or harm his/her freedom of choice”, constitutes an offence of threat.
Still on the same subject, and in spite of the fact that the perpetrator didn't actually use any kind of violence, but simply made a verbal threat by saying: “I'll kill you!” one must take into account the definition of the offence “actual threat”, as provided by the Criminal Code. Considering that the wording of the perpetrator actually caused fear and unrest to the person to whom they were addressed, we would say that we are probably dealing with a case of actual threat, which is a criminal offence.
We therefore appeal to the citizens to seek help to this Police, should they find themselves in similar situations and, under extreme circumstances, they may also call the PSP to come to their aid, so that they can promptly get the situation under control.

 

 

   
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