Initial protection for the victim in the preliminary investigation stage in the Omani legislation An analytical study

Authors

  • Nizar Hamdi Qeshta
  • Khaled Tawfiq Abu Taha
  • Hakima Sibai

Keywords:

Victim, public prosecution, primary investigation

Abstract

The primary stage is considered one of the most important stage in which academic guarantees must be applied to all litigants for getting largest amount of rights and guarantees in order to reach a fair trial. Victims are one of the litigants that their rights must be protected. In order to achieve a kind of balance between the rights of the accused and the victim before the Public Prosecution and to enable them to participate effectively in the criminal prosecution procedures. This where the importance of the research appears by highlighting the contemporary shift of criminal policy from caring for the offender to caring for the victim and protecting his rights. The research aims to know the rights enjoyed by the victim in the preliminary investigation stage. The problem revolves around the extent to which the Omani Criminal Procedures Law allows the victim to participate effectively in the preliminary investigation procedures? Following the descriptive analytical approach. The research reached a conclusion that the Omani legislator did not stipulate that the victim should be informed of the time and place of the investigation. Finally, we recommended the need to amend half of Article (68) of the Omani Criminal Procedure Code to allow the victim to make requests regarding the pretrial detention of the accused.

 

Published

2024-07-01