Introduction: Intersecting Spheres of Omani Law ⚖️   In the Sultanate of Oman, as in many civil law jurisdictions, a single criminal act, such as assault (الاعتداء), often triggers liability under two distinct legal regimes: the Penal Law (Law of Punishments, primarily through Royal Decree No. 7/2018) and the Civil Transactions Law (Royal Decree No. 29/2013). This structural separation ensures that justice for the victim is comprehensive, addressing both the wrong committed against society (the crime) and the injury inflicted upon the individual (the damage). This article provides an in-depth examination of the Omani legal framework, detailing how victims of assault can pursue both penal sanction against the perpetrator and substantive civil compensation for their material and moral losses.   I. The Penal Dimension: Sanction and Public Right (قانون الجزاء)   The primary function of the Omani Penal Law (P.L.) is to define prohibited acts and prescribe punishments to maintain public order and security. Assault, broadly defined, falls under numerous articles detailing crimes against the person, such as battery or causing injury (Articles 308-311 of P.L. 7/2018).   A. The Role of the Public Prosecution   In Oman, the criminal case is the exclusive domain of the state, initiated and led by the Public Prosecution (الادعاء العام). The victim’s role is primarily that of a witness. The prosecution seeks to establish the guilt of the accused beyond a reasonable doubt, leading to penal sanctions such as imprisonment or fines, as prescribed by the Penal Law.   B. Restitution within the Penal Case   Crucially, the Omani legal system allows the victim (the injured party/claimant of civil right – المضرور/المدعي بالحق المدني) to join the criminal proceedings by submitting a claim for civil damages (التعويض) alongside the public claim. Article 58 of the repealed Penal Law (and its spirit in current practice) confirms that every crime that causes material or moral harm to a third party mandates that the perpetrator pay compensation upon the victim’s request. This mechanism simplifies the process, allowing the criminal court to rule on both the penal sanction and the civil compensation in the same judgment. However, the court’s priority remains the criminal finding. The scope of damages awarded through this channel may sometimes be limited compared to a standalone civil lawsuit.   II. The Civil Dimension: Compensation and Private Right (قانون المعاملات المدنية)   The civil track is governed by the Civil Transactions Law (CTL) (Law No. 29/2013), which focuses on repairing the harm done to the individual through monetary compensation. This action is entirely separate from the criminal conviction or acquittal.   A. The General Rule of Responsibility (المسؤولية التقصيرية)   The foundation for a civil claim following an assault lies in the general rule of responsibility for harmful acts (المسؤولية عن الفعل الضار): Article 176 (CTL) establishes the core principle: “Every act that causes damage to others obligates the doer to compensate them, even if the doer is not fully discerning (a minor).” This provision creates a clear legal duty for the assailant to compensate the victim for all damage resulting from their unlawful act.   B. Rights Associated with Personality (الحقوق الملازمة للشخصية)   Specifically concerning personal integrity, Article 46 (CTL) reinforces the right to redress: “Anyone upon whom an unlawful aggression occurs against a right pertaining to his person may request the cessation of that aggression, and he shall have compensation for any damage he has sustained.” This ensures that rights such as bodily integrity and psychological well-being are protected and compensable.   C. The Lower Burden of Proof   Unlike the criminal case’s demanding “beyond a reasonable doubt” standard, the civil case requires the plaintiff to prove liability only by a preponderance of the evidence (رجحان البينة). This means demonstrating that the defendant’s fault and the resulting damage are more probable than not. The Omani legal principle of the independence of civil liability from penal liability is key here: “The criminal penalty does not affect the scope of civil liability or the assessment of compensation” (derived from the independence of the two types of responsibility). This means that even if a criminal prosecution fails (e.g., due to lack of evidence sufficient for a high criminal standard), the victim can still succeed in a civil court.   III. Assessing Damages: The Scope of Compensation (تقدير التعويض)   In the Omani civil courts, the compensation aims to cover all losses resulting directly from the assault, restoring the victim to the financial position they would have been in had the act not occurred (التعويض العادل). The claim typically covers two main types of damages: Material/Economic Damages (الضرر المادي): Medical and hospitalization costs (past and future). Loss of wages or loss of future earning capacity due to permanent injury or disability. Costs of rehabilitation and psychological treatment. Moral/Non-Economic Damages (الضرر المعنوي): Pain and suffering resulting from the physical injury. Emotional distress, fear, and psychological trauma (e.g., PTSD). Damage to personal reputation or social standing, where applicable. The court has the ultimate authority to determine the amount of compensation, taking into account the severity of the injury, the extent of the negligence or intentionality of the act, and all supporting evidence.   IV. Strategic Considerations for the Victim   For a victim of assault in Oman, navigating the two legal paths requires strategic decision-making: Joining or Separating Claims: The victim must decide whether to join the civil claim with the criminal case (for speed and efficiency) or to wait for the criminal verdict and then initiate a separate civil lawsuit (often allowing for a more focused and comprehensive claim for non-economic damages). Using Criminal Findings: If the criminal court finds the defendant guilty, that finding constitutes strong (though not necessarily conclusive) evidence of the act in the subsequent civil proceedings. Limitations: The victim must be aware of the statutory time limits (التقادم) for filing civil claims, which typically apply from the date of the incident or the date the damage was known. The Omani framework offers a robust mechanism for redress. While the Penal

  Category: Law Articles / Criminal and Civil Liability By: The Legal Experts Team   Introduction: A Lawful Response to Unlawful Aggression   In any society governed by the Rule of Law, the security and integrity of individuals are paramount. When a person suffers an act of aggression—be it physical assault, trespass, or encroachment on their legal rights—the law provides a robust mechanism for redress. The fundamental legal principle is that an unlawful act triggers dual liability: the perpetrator must face sanctions from the state (criminal prosecution) and must also compensate the victim for the resulting harm (civil liability). This dual path ensures that the victim not only sees justice served through punishment but also receives adequate financial relief to cover their losses and suffering. In jurisdictions like Oman, this protection is guaranteed to all nationalities residing within the territory, reinforcing the principle that no one should allow their right to be lost by chance.   I. Criminal Liability: The State’s Retribution   Criminal law focuses on the act as an offense against the state and society. Its primary goal is punishment (penalty) and deterrence.   The Right to File a Complaint (Shakwa)   When an assault or aggression occurs, the victim has the immediate right to report the incident by filing a formal criminal complaint (Shakwa) with the police or public prosecution. The Outcome: If the authorities proceed and the evidence confirms the offense, the perpetrator may face sanctions such as imprisonment, fines, or other penalties as stipulated in the Penal Code. Purpose: This process ensures the state enforces public order and holds the individual accountable for the violation of societal norms and specific legal prohibitions (e.g., articles related to assault, battery, or defamation).   II. Civil Liability: Seeking Compensation (Damages)   Simultaneously, the victim (known as the Injured Party or Plaintiff in the civil context) has an independent right to seek civil compensation (Damages). Civil law addresses the private harm suffered by the individual.   The Basis for Compensation (Tort Liability)   The claim for damages is rooted in the general principle of Tort Liability (or Non-Contractual Liability), which requires that any act causing damage to another must be compensated. In the context of the Omani Civil Code, this principle is foundational. Establishing the Three Elements: To succeed in a civil claim, the victim must prove the three essential elements of liability: The Fault (Al-Khata’): The wrongful or negligent act committed by the aggressor. The Harm (Ad-Darar): The tangible (material) and intangible (moral/psychological) losses suffered by the victim. The Causation (Al-‘Alaqah as-Sababiyah): A direct link proving that the harm was a natural and direct consequence of the aggressor’s wrongful act. Types of Compensation: Damages are typically sought for: Material Damages: Medical bills, property damage, and Loss of Earnings (Al-Kasb Al-Fa’it). Moral Damages (Adabi): Compensation for pain, suffering, and emotional distress caused by the aggression.   III. The Intersection of Criminal and Civil Claims   A significant legal advantage for the victim is the potential link between the two cases: Criminal Judgment as Evidence: A final judgment of conviction in the criminal court often serves as conclusive proof of the aggressor’s fault (the wrongful act) in the subsequent or concurrent civil case. This simplifies the burden of proof for the victim in their compensation claim.   IV. Protection for All: The Principle of Non-Discrimination   It is crucial to note that the right to seek this dual justice is universal within the jurisdiction. The laws are applied equally to all, regardless of citizenship. The safety and judicial recourse available to a citizen are equally available to any expatriate residing or visiting the country. If an expatriate’s rights are violated, they are fully entitled to file a criminal complaint and pursue civil damages, demonstrating the comprehensive security and stability of the legal system.   Conclusion: Do Not Lose Your Right to Chance   The phrase “Do not allow your right to be lost by chance” is a critical reminder. Justice is not automatic; it requires timely action and diligence. Victims must act promptly to document the aggression, file the criminal complaint, and initiate the civil proceedings within the statutory limitation period (usually three years for tort claims from the date of knowledge of the harm). By pursuing both criminal penalty and civil compensation, the injured party achieves full legal redress: holding the perpetrator accountable to society while securing financial restoration for their private injury.   Relevant External Links (For Reference and Further Reading):   For in-depth understanding of the laws underpinning these claims, refer to the official publications of relevant legislation (specific articles may vary over time, so links should point to authoritative sources): Oman Penal Code: (For criminal liability and penalties). Oman Civil Transactions Law (Law of Civil Code): (For Tort Liability and Compensation—especially Articles 176 onwards).   Read related articles here.    Assault Victims in Oman: Dual Path to Compensation