English abstract
The penalty for the publication of the sentence is a subsidiary and supplementary penalty set out in article 57, paragraph (j), of the Omani Penal Code promulgated by Royal Decree No. 7/2018. The purpose of the study was to demonstrate the nature of the sentence, its legal nature and its historical roots. It dealt with the positive and negative effects of the imposition of the sentence for the publication of the sentence on the convicted person. The study also examined the punitive policy of the penalty for the publication of the sentence in comparative legislation, and Omani legislation supported by published applications of the penalty in the Sultanate of Oman.
This study concluded a set of results, the most important of which were:
1. The punishment of publishing the ruling is one of the psychological punishments imposed on the convict. Because of the psychological pain it causes him, and the harm to his financial and moral status, as it is one of the punishments affecting honor and prestige.
2. The penalty for publishing the ruling was mentioned in many Arab legislations, and in some legislations it was classified as accessory penalties for some crimes, or as supplementary penalties. The latter was divided into two types: mandatory supplementary penalties, and permissible supplementary penalties.
The study also concluded by presenting a set of recommendations, the most important of which are:
1. The study recommends that the legislator limit the implementation of the penalty for publishing the ruling to final rulings only; based on the general principles that “the implementation of penal judgments is limited to final judgments, except for those for which an exception is provided.” The general principle is “the accused is innocent until proven guilty.” The conviction is proven when the ruling becomes final.
2. The study recommends that the Omani legislator stipulate specific means of publishing the sentenicing, and leaves the court to choose from them. The study also recommends that the Omani legislator follow the approach of the Egyptian legislator, by considering the ruling issued by publication without specifying the means of publication as violating the law.
