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Article 58 of the repealed Penal Law (and its spirit in current practice) confirms that every crime that causes material or moral harm to a third party mandates that the perpetrator pay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 Law satisfies the societal demand for accountability and punishment, the Civil Transactions Law provides the essential financial remedy, ensuring that victims can recover their losses and embark on the path to physical and psychological recovery. The victim’s ability to pursue this dual course underscores the emphasis the Omani legal system places on complete justice.
Read related articles here.
Assault: The Dual Path of Justice and Compensation.