الوساطة الجنائية وامكانية تطبيقها في التشريع العماني
This research aims to discuss criminal mediation and its possible implementation in Omani law through a descriptive-analytical research. The researchers divided the study into five chapters. First, an introductory chapter where the researcher explains the preamble to the study such as problem statem...
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my-usim-ddms-13069 |
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uketd_dc |
| institution |
Universiti Sains Islam Malaysia |
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USIM Institutional Repository |
| language |
other |
| topic |
Mediation -- Oman Mediation -- Oman |
| spellingShingle |
Mediation -- Oman Mediation -- Oman Mohammed Rashid Ahmed Al-Makhmari الوساطة الجنائية وامكانية تطبيقها في التشريع العماني |
| description |
This research aims to discuss criminal mediation and its possible implementation in Omani law through a descriptive-analytical research. The researchers divided the study into five chapters. First, an introductory chapter where the researcher explains the preamble to the study such as problem statement, objectives, methodology and others. In the second chapter the Researcher has explained the essence, characteristics, and types of mediation. The third chapter discusses the rules of criminal mediation, which cover the limitations of the conditions of execution, scope, procedures, and their influence on criminal proceedings, as well as the evaluation of the criminal mediation system. In the fourth chapter the researchers examine the implementation of criminal mediation in comparative legislation. In the fifth and final chapter, researchers discuss the possible implementation and applicability of criminal mediation in Omani legislation. The problem statement of the study arises when too many criminal cases are referred to the public prosecutor, a large number of which are small cases. This situation has distracted the courts from dealing with more important cases. To reduce the burden of Public Prosecutors, Judges and save time and money, researchers are looking for the possibility of implementing criminal mediation in Omani law. In the process of collecting data, researchers have used a descriptive (inductive) approach. While in the analytical process the researcher uses the method of information analysis. This study has produced several findings, namely that criminal mediation is an alternative to avoid criminal prosecution and satisfy the disputing parties by discussing under the supervision of a third party, known as a mediator. Criminal mediation also has judicial and social features in resolving disputes amicably and peacefully. The study also found that criminal mediation proceedings require legal permission, there is an application to the public prosecutor or court, the consent of the disputing parties to negotiate and agreement on compensation to the victim of the crime. The study also concludes that comparative legislations implementing criminal mediation differ in limiting the crimes that can be solved through criminal mediation. The study also found that the different laws that adopt criminal mediation differ in their definition of criminal offenses that permit criminal mediation. Even so, they do not go beyond two criteria: restrictive and general principle. In most laws, a successful criminal mediation means that the criminal proceeding has ended; such is the conduct of criminal proceeding for the implementation of modern criminal policy. The study has proposed several recommendations, especially to Omani lawmakers and generally to Arab legislators, that they must observe criminal mediation in a deeper and more serious manner, and to consider it as a modern and unconventional method of resolving criminal disputes. This way, they can resolve the criminal justice crisis that has plagued many Arab countries due to the increasing number of cases before the courts, and the dissatisfaction and injustice felt by the disputing parties. The study also suggests universities to introduce a new course in the faculty of law to teach alternative methods of resolving criminal disputes, especially criminal mediation. By doing so, they can introduce the concept, rules, procedures, and impacts of criminal mediation. The study also specifically suggests Omani lawmakers to adopt delegated mediation and the restrictive and general principle criteria to define criminal offences that can be resolved using criminal mediation. |
| format |
Thesis |
| author |
Mohammed Rashid Ahmed Al-Makhmari |
| author_facet |
Mohammed Rashid Ahmed Al-Makhmari |
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Mohammed Rashid Ahmed Al-Makhmari |
| title |
الوساطة الجنائية وامكانية تطبيقها في التشريع العماني |
| title_short |
الوساطة الجنائية وامكانية تطبيقها في التشريع العماني |
| title_full |
الوساطة الجنائية وامكانية تطبيقها في التشريع العماني |
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الوساطة الجنائية وامكانية تطبيقها في التشريع العماني |
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الوساطة الجنائية وامكانية تطبيقها في التشريع العماني |
| title_sort |
الوساطة الجنائية وامكانية تطبيقها في التشريع العماني |
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Universiti Sains Islam Malaysia |
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1812444817760714752 |
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my-usim-ddms-130692024-05-29T19:21:46Z الوساطة الجنائية وامكانية تطبيقها في التشريع العماني Mohammed Rashid Ahmed Al-Makhmari This research aims to discuss criminal mediation and its possible implementation in Omani law through a descriptive-analytical research. The researchers divided the study into five chapters. First, an introductory chapter where the researcher explains the preamble to the study such as problem statement, objectives, methodology and others. In the second chapter the Researcher has explained the essence, characteristics, and types of mediation. The third chapter discusses the rules of criminal mediation, which cover the limitations of the conditions of execution, scope, procedures, and their influence on criminal proceedings, as well as the evaluation of the criminal mediation system. In the fourth chapter the researchers examine the implementation of criminal mediation in comparative legislation. In the fifth and final chapter, researchers discuss the possible implementation and applicability of criminal mediation in Omani legislation. The problem statement of the study arises when too many criminal cases are referred to the public prosecutor, a large number of which are small cases. This situation has distracted the courts from dealing with more important cases. To reduce the burden of Public Prosecutors, Judges and save time and money, researchers are looking for the possibility of implementing criminal mediation in Omani law. In the process of collecting data, researchers have used a descriptive (inductive) approach. While in the analytical process the researcher uses the method of information analysis. This study has produced several findings, namely that criminal mediation is an alternative to avoid criminal prosecution and satisfy the disputing parties by discussing under the supervision of a third party, known as a mediator. Criminal mediation also has judicial and social features in resolving disputes amicably and peacefully. The study also found that criminal mediation proceedings require legal permission, there is an application to the public prosecutor or court, the consent of the disputing parties to negotiate and agreement on compensation to the victim of the crime. The study also concludes that comparative legislations implementing criminal mediation differ in limiting the crimes that can be solved through criminal mediation. The study also found that the different laws that adopt criminal mediation differ in their definition of criminal offenses that permit criminal mediation. Even so, they do not go beyond two criteria: restrictive and general principle. In most laws, a successful criminal mediation means that the criminal proceeding has ended; such is the conduct of criminal proceeding for the implementation of modern criminal policy. The study has proposed several recommendations, especially to Omani lawmakers and generally to Arab legislators, that they must observe criminal mediation in a deeper and more serious manner, and to consider it as a modern and unconventional method of resolving criminal disputes. This way, they can resolve the criminal justice crisis that has plagued many Arab countries due to the increasing number of cases before the courts, and the dissatisfaction and injustice felt by the disputing parties. The study also suggests universities to introduce a new course in the faculty of law to teach alternative methods of resolving criminal disputes, especially criminal mediation. By doing so, they can introduce the concept, rules, procedures, and impacts of criminal mediation. The study also specifically suggests Omani lawmakers to adopt delegated mediation and the restrictive and general principle criteria to define criminal offences that can be resolved using criminal mediation. Universiti Sains Islam Malaysia 2021-10 Thesis other https://oarep.usim.edu.my/handle/123456789/13069 https://oarep.usim.edu.my/bitstreams/32ad54f8-dbd2-472c-b31b-b3b2c7437a49/download 8a4605be74aa9ea9d79846c1fba20a33 https://oarep.usim.edu.my/bitstreams/e2499943-2786-472e-895c-3956025127b1/download a737ceeb56df62ca584f563243bb954f https://oarep.usim.edu.my/bitstreams/09889666-8499-493d-bee5-fa1ece4c3051/download 8fd2e9113b0e445d0cec1187d530ef38 https://oarep.usim.edu.my/bitstreams/aaed6c74-99fd-4ff1-b25c-c6d4e047c14b/download eb015b88ecbddbc1b5874a8120681589 https://oarep.usim.edu.my/bitstreams/13c96725-1195-4a70-abb2-4799d6260b62/download 6f56112db78abe5a3a40b5dc52eea1ef https://oarep.usim.edu.my/bitstreams/7c6bfb0d-18bc-4306-a8ac-5e56a4deb81e/download 7a90f1089342c21bd5727983745507fd https://oarep.usim.edu.my/bitstreams/356fb996-8cc0-46ad-bf0e-85ba4e5775fe/download 3e1012cec43d398cc0ad7e448b5b9abc https://oarep.usim.edu.my/bitstreams/08d3456a-9199-4182-a58a-1e4b7fbfffb8/download 5548742f817d420e3f05c5d0bef25bda https://oarep.usim.edu.my/bitstreams/c5a482b0-4ade-4dc9-9135-a806379ab4e4/download 38b779eb51ee0f6a85c6eefb81939532 https://oarep.usim.edu.my/bitstreams/da1b4a5a-44f4-41ff-b065-86296bbf3375/download 68b329da9893e34099c7d8ad5cb9c940 https://oarep.usim.edu.my/bitstreams/41ad3933-61f1-41d9-bdef-47d5b7d7cd84/download 8fc3bc78dcb97be9f6f941ed56e79756 https://oarep.usim.edu.my/bitstreams/34b66c24-7087-4034-b93f-d0faf05ce764/download e231eeb037f3f577f18088f23a8790bb https://oarep.usim.edu.my/bitstreams/66aa6f77-b6d0-46dd-ae01-4e4773f257af/download db6f364d8af7d23368b25972807776b1 https://oarep.usim.edu.my/bitstreams/600a87a9-5fc9-48ef-929e-e73a11f7f546/download 802e9980f30aa6b426ae48cf745f031b https://oarep.usim.edu.my/bitstreams/0b4ae026-7f91-42c2-853d-f1543098ef44/download d531fac852faeeebb1a5ef4519d8799c https://oarep.usim.edu.my/bitstreams/76347ed1-3987-4015-8bd8-04d75e9978c2/download f132dec77b37a2c9842ba49adc0abfdd https://oarep.usim.edu.my/bitstreams/5a30702e-776c-4ef0-964a-0adc6ecc3688/download 765a549d742c7206f5e18b221a271d60 Mediation -- Oman Mediation and conciliation, Criminal |