الأمر الجزائي في قانون الإجراءات الجزائية العماني.
Author
السناني, حسین بن علي بن سالم.
English abstract
This dissertation aims at shedding light on penal orders in the Omani Penal Procedures Code and its legal grounds. In the introduction, the general provisions of the penal orders are addressed. However, the two subsequent chapters discuss the formal and the procedural aspects of the penal orders respectively.
The main findings of the study are as the following:
1. Penal orders are decisions of a special nature. It does not violate or
- contradict with the penal procedures. 2. It is inadmissible to issue penal orders against under-aged offenders regardless of whether the decision is made by a judge or a public prosecutor.
3. No special form is required to indicate a judge's refusal to issue penal orders. It is sufficient for the judge to note that rejection on the motion. This rejection does not tie prosecution's hand from initiating any investigation or discontinuing the case.
4. It is sufficient for the intervening party to appeal against the penal orders during the objection session. The forfeiture of the right to appeal against penal orders does not require any court decision and the court may proceed with the case as per the general rules.
