English abstract
This thesis has investigated the fraudulence crime in the Omani and comparative laws. This crime has been committed in Oman and other countries because of greediness and low adherence to the religious values. Fraudulence crime has become a widespread phenomenon throughout the World because of the new ways and methods that are used in committing this crime utilising the scientific and hi-tech advancement deception is considered as a dangerous crime that is very relevant to our practical life. Therefore, this study has aimed to highlight this crime by discussing and studying the Omani legal texts and jurisprudential views related to this subject and comparing them to Arabic and International legislations.
The introductory chapter of this study has focused on explaining the fraudulence crime and the legal protection related to it.
The researcher has discussed jurisprudential and judicial issues in this chapter. The study started by defining the fraudulence and after analysing different definitions, it has been found that there are some similarities between them. Features of fraudulence was also discussed as it is considered as one of the financial, purpose, deceptive and mental crimes.
Then, the researcher has distinguished between fraudulence and other similar financial crimes such as theft, breach of trust and fraud in the civil law.
Then, the study has discussed the legal protection in fraudulence which is concentrated on the financial disclosure of the person and its elements that refer to the right of ownership. This right is represented in chattels personal which is considered as the form of the ownership. The researcher has discussed the definition of the money from both civil and criminal perspectives.
Chapter one of this study has focused on discussing the elements of the fraudulence. This chapter has been divided into two sections discussing the elements of the complete crime. The first section discussed the actus reus which consists of three elements. These elements were discussed into three sub-sections; the first one explained the actual criminal act that is commenced by the perpetrator. The deceptive ways have also been explained such as false claims and external manifestations, and its main objectives.
The second sub-section discussed the guilty illegal conduct that is the defendant hands the money to the deceiver (the offender) and the handing in process was also explained. The third-sub-section discussed the causation that links between the behaviour and the result of crime.
The second section discussed the mental element one and it was divided into three sub-sections. The first sub-section discussed the generic purposes that includes both the knowledge and the intent. The second sub-section discussed the specific purpose. The third sub-section discussed the motive for the crime.
Finally, the researcher in the second section has provided an explanation of the attempt and this was divided into two sub-sections. The first sub-section explained the stage of the crime and those stages were divided into three sub-section; the first one discussed the thinking and determination, the second one discussed the preparation and planning stage; the third one highlight the implementation stage ,
The second section discussed the incompletion of the crime. The researcher has divide this into three sub-sections. The first one discussed the voluntary recantation. The second one discussed the compulsory recantation. The third one discussed the impossible cases. View from different comparison legislations were discussed.
Chapter two of this study has focused on discussing the penalties of the fraudulence.
The researcher has divided this chapter into two sections, the first one discussed penalties of the crime and this was divided into three subsections. The first one discussed the penalty of the simple form of the fraudulence. The second one discussed the penalty of the aggregative form of the fraudulence and cases for aggregation and penalties were discussed. The third one discussed the exemption and commutation of the penalty according to the legal text in different comparative jurisprudential and judicial.
The second section discussed the attempt in committing fraudulence and the researcher divided this section into two sub-sections. The first one discussed the penalty of the attempt according to different legislation and the second sub-section discussed the proportion of the penalty for attempting fraudulence.
