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.
