الملخص الإنجليزي
The issue of Remand (pre-trial or provisional detention) is one of the most serious and thorny
issues in actual application since it does, as one of the sensitive investigation procedures, deprive
the freedom of the accused: his freedom is taken away for a period of time, which is the time it
takes for him to be remanded in custody even though he has not yet been convicted; it does thus
undermine the presumption of innocence (until proven guilty) besides its negative effects on the
accused himself and his family. In view of this, there should be some sort of control over the entity
issuing the order of remand so as to guarantee the accused remanded in custody.
This study discusses the principles underlying the control of the order of remand, which can only
be achieved by ensuring the right of the accused to challenge the warrant of remand before a higher
judicial authority, in a manner that enables the overseeing authority to remain triggered.
The problem of this study centered around the extent to which the Omani Code of Criminal
Procedures promulgated by Royal Decree No. 97/99 guarantees effective control over the order
issued for the provisional detention of the accused.
The main conclusions of this study are: Reasoning is one of the most important guarantees imposed
by comparative laws on the issuer of the pre-trial detention order, represented in its limitation of
the power of issuer of such order, and in the rectification of its possible errors/drawbacks to
safeguard the rights and freedom of the accused conferred under law; that there be a legislative
deficiency in the oversight system upon the orders of remand in the Omani Code of Criminal
Procedures, as the right of appeal under Article (59) of the said law does not provide the Accused
with efficacious protection, unlike other comparative laws studied herein.
The present researcher makes a number of recommendations including mandatory reasoning of
and detailed convincing justification for the issuance of the orders of remands, amendment of
Article (59) of the said law to include the possibility of appealing such orders issued by any party,
the Public Prosecution or the Court of First Instance, and announcement of penalties incurred if
the Accused's appeal is not resolved within the legal period prescribed.
