Document

مدى إعمال قواعد المسؤولية الجنائية الموضوعية على المسؤولية التأديبية في التشريع العماني : دراسة مقارنة.

Source
رسالة ماجستير
Other titles
To what extent do the rules of substantive criminal liability apply to disciplinary liability in Omani legislation? A comparative study
Country
عمان.
City
مسقط
Publisher
جامعة السلطان قابوس
Gregorian
2024
Language
Arabic
Thesis Type
رسالة ماجستير
English abstract
Criminal responsibility is regulated by a set of objective rules that provide significant guarantees for the criminal defendant to safeguard the established rights and freedoms. These rules are concerned with regulating the issues of criminalization and punishment and endorsing the principles upon which they are based. Similarly, disciplinary responsibility, which applies to any public official, is also based on rules that align with the specific nature of the disciplinary accountability system with which the offending official is faced. The possibility of applying objective rules of criminal responsibility to the disciplinary aspect enhances the guarantees that the public official possesses when confronted with any violation, thus avoiding arbitrary use of power against them. This is because the administrative authority will be obliged to acknowledge the guarantees established by the objective rules of disciplinary accountability derived from the constitution and legislation. The importance of this study lies in enhancing the guarantees that the public official possesses when held accountable disciplinarily, thereby creating a work environment characterized by justice and job stability. This is particularly significant as the Omani library lacks a study focusing on this subject. This study aims to propose recommendations to the Omani legislator emphasizing the guarantees that the public official can benefit from, which will be done through analyzing the guarantees possessed by the criminal defendant and the extent to which they can be implemented in line with the principles established by the constitution and in respect to the specificity of disciplinary responsibility rules. The study will rely on analytical and comparative methods, analyzing criminal texts, civil service law texts, special employment laws, and student conduct regulations. It will also discuss the opinions of jurists and judicial applications in this regard, comparing them with established principles in Egyptian law and the European Court of Human Rights.
Arabic abstract
إن المسؤولية الجنائية متنظم بمجموعة من القواعد الموضوعية التي تحقق قدرا كبيرا من الضمانات للمتهم الجنائي صونا للحقوق والحريات المقررة حيث تعنى تلك القواعد بتنظيم مسألتي التجريم والعقاب وإقرار المبادئ التي تقوم عليها.
Category
Theses and Dissertations