Open AccessLegal Problems Aspects of the Immunity and Its Impact On Criminal Responsibility According to Omani Legislation
Author(s) -
Saud Muhammad Al-Azri,
Abidah Abdul Ghafar
Publication year - 2021
Publication title -
mağallaẗ kulliyyaẗ al-maʿrīf al-ğāmiʿaẗ/maǧallaẗ kulliyyaẗ al-maʻārif al-ǧāmiʻaẗ
Language(s) - English
Resource type - Journals
eISSN - 2709-1155
pISSN - 1815-3364
DOI - 10.51345/.v32i4.454.g244
Subject(s) - legislator , decree , law , legislation , legislature , political science , statute , impunity , state (computer science) , human rights , computer science , algorithm
The study discusses the legal problem of immunities that affected the criminal responsibility of individuals in the Omani judiciary. Undoubtedly, this is due to a legislative shortcoming on the one hand and a misunderstanding on the other hand of the provisions of immunity, which contributed to its exploitation, abuse and invocation as a vehicle for the commission of personal crimes, as well as On the problems arising originally from deciding the immunity of certain categories of state employees, which led to their conflicting interests with the interests of the victim, and their impunity. Therefore, the researcher will explain the aspects of the Omani legislator’s treatment of immunity and the texts it decided starting from the basic system of the state issued by decree Royal Decree No. (101/96) and repealed with the issuance of the statute in force under Royal Decree No. (6/2021), then other laws, regulations and decisions implementing them, dealing with the concept of immunity, its types, legal nature and basis, and the problems arising from it. By extrapolating the provisions of immunity in Omani legislation and its applications, it became clear to the researcher that there are some shortcomings in its organization, which contributed to its misunderstanding and exploitation and sharpened the idea of immunity for what it was decided for, as well as the existence of practical problems of immunity that affected criminal responsibility, on a shift that calls for reconsideration and the categories that decided Despite the legislator’s intervention by Royal Decree No. (3/2014) regarding defining the concept of immunity and the scope of its application, the need is still urgent to find a more accurate regulation and more precise provisions clarifying the issue of immunity, in addition to the necessity of restricting its use without the current uses.