الملخص الإنجليزي
The phenomenon of recidivism is one of the most controversial phenomena in all countries, a one can compare it to a disease that spreads in the society's body and threatens its stability. It also unveil the criminal danger that lies in the criminal, as the Penalty Code has set various rules that consist a barrier to help prevent the widespread of this phenomenon. Therefore, the Omani legislator has sought to confront recidivism with certain legal provisions oriented towards criminals and aim to prevent subsequent commission of similar crimes.
This paper has dealt with the recidivism from a legal perspective, referring to several penalty codes on the subject. Therefore, this research divided into three main chapters, an introductory study and two more chapters, namely, Recidivism, and the reasons for recidivism in the second condition.
As for the first chapter, the study has devoted it to clarify the legal framework for recurrence. In the first section, the researcher dealt with the conditions of the recidivism and its similar concepts in order to prevent re-offending by perpetrator.
While in the second chapter, the study illustrated the ways to indict between the punitive, rehab and prevention policies. In this regard, section one highlighted the role of the judge in addressing the recidivism cases through the powers conferred on him by the law which vary from emphasis on mediation to severe punishments. While the second topic shed light on the role of prisons and aftercare in the rehabilitation of the convict and his reintegration into society after his release, where the study concluded a number of findings and recommendations.
Finally, this thesis has conducted a research methodology by analyzing the texts of the legal articles of the Omani legislation a combined with comparison methodology with the texts of the Egyptian legislation (a comparative study) with reference - when necessary - to other Arabic legislations.
