الحماية الجنائيّة للحدث الجانح في القانون العماني على ضوء المواثيق الدوليّة والشريعة الإسلامية

Abstract

The research is aimed at presenting the aspects of criminal protection when a juvenile delinquent is held accountable as defined by Omani law. It deals with the concept of a delinquent juvenile and criminal protection, the principles of protection for juvenile justice and its preventive, restorative and pastoral systems, as well as the prescribed protection for the freedom, reputation, and defense of a juvenile delinquent as defined by Omani law in light of international conventions and the provisions of Islamic law “Shari’ah”. The crux of the issue revolves around the fact that the legislative texts in the Omani law are, in some respects, inadequate to provide a fair procedural criminal protection for a delinquent juvenile, resulting in his treatment to the process of investigation, the trial and the delay in the adjudication of his case. As there are deficiencies in the work of the judiciary and assisting it in its dealings with the delinquent juvenile could cast doubts on its effectiveness for achieving the goal of reforming the delinquent juvenile. The research aims at presenting procedural criminal protection aspects for delinquent juveniles as defined by the Omani law. The study also looks into the applied reality of this protection in the judicial institution, and institutions concerned with the justice of delinquent juveniles, and then proposes appropriate remedies in light of best practices in international covenants and the provisions of Islamic law “Shari’ah”. The research is based on several scientific approaches, namely: inductive methods, analytical methods, comparative methods and practical approaches. The research concludes that the law of Oman has the necessary means of criminal protection of the juvenile delinquent which adheres with international law that guarantees a fair trial. However, the legislative aspect would have to urgently deal with legal loopholes where the practical aspect shows a number of practical problems and misconduct which tend to violate the criminal protection of the juvenile delinquent. This in turn will necessitate some legislative amendments to the legal texts and the practical procedures for the full criminal protection of the juvenile delinquent awaiting trial.