English abstract
It goes without saying that the issuance of the Military Justice Code by The Royal Decree No.(110/2011) is a qualitative shift for Omani judiciary 'future in general and the penal' judiciary in particular. As this law came to create a judicial system of a private nature, stands parallel with the normal criminal justice system.
For Assertion of the above we started our research which holds the title of (Duplication between Public Penal Prosecution & Military Prosecution), via customizing its first chapter for reading the Military Justice Code in order to indicate its legal nature and importance, then we clarified its features methods and courses.
While we will allocate the second chapter for a deep search between the capacities of Public Penal Prosecution and Military Prosecution.,as the public prosecution is considered since its establishment the only and the basic pole in taking the prosecution whatever were the personal capacity of its representatives and their positions.
However, by the issuance of the Military Justice Code with its texts, prerogatives, capacities and identifying its official jurisdiction enforcement including military prosecution by this it has become a primary legitimate investigation authority has the capacities as the public prosecution which withdraws its feature as the only and basic pole. This instruction has created a sort of conflict and difference in the jurisdiction and procedures and lead us to make defining the starting fields of convergence and divergence in the actions of each of public prosecution and Military Prosecution.
After that, we explain the section of personal jurisdiction in order to indicate the condition where the military prosecution can achieve with those who are not under his provisions in terms of investigation with civilians, and this is with the exception from the original base which requires a restrict adherence by military prosecution to the personal jurisdiction charted by the law of Military Justice Code. As was the case required, we have to highlight on the legal consequences of starting military prosecution by the investigation procedures in confronting the civilians.
For logical sequence purpose we intend to focus in the third chapter of this research on the statement of a mechanisin in acting with legal preliminary investigation by the public prosecution and military prosecution, which is represented by either the issue of conservation decision or referral to the competent court, As well as there is the penal code which was the Code of Criminal Procedure explaining its provisions, while the Military Justice Code was free from any mention to it, on the other hand we have dedicated the last section of the third chapter to review the procedural differences in legal procedures between public prosecution and military prosecution.
Accordingly, we hope that these pages would contain a scientific value which can make it as a resource for every researcher interested in the legal and judicial affairs.
