The new law differed with the repeater: Know the provisions of check crimes in the Omani Penal Code
Atheer – Lawyer Salah bin Khalifa Al-Maqbali
Before we talk about the crimes of checks, we will refer to the definition of the check as the jurisprudence has defined it as: – “An instrument issued by a person who is a drawer ordering a bank which is withdrawn to pay a sum of money when it is in the interest of a third person is the beneficiary or the interest of the person who will be appointed by the beneficiary Or pregnant “.
The check is a tool of fulfillment as money, which is different from other commercial papers such as bills and bonds, as these commercial papers are credit tools that are not worthy of fulfillment after a period of time may be prolonged and may be shortened, but the check is a tool to meet the denomination of money, which is payable on the date of maturity at It is necessary for the law to provide all the guarantees of the check until trust prevails among the dealers. Nothing disturbs the confidence in dealing with the check, except that the bank has no balance with the drawee or issuing the order to stop the check or non-payment.
The penal legislation was issued with the penalty of return of check without balance, protection to deal with the check and to protect the rights of people and stability of transactions so that trust prevails among dealers. The new Penal Code issued by Royal Decree 7/2018 dealt with new cases of check crimes that did not exist in the canceled penal code. We view it through our weekly corner at Atheer.
Article (356) of the new Penal Code provides that: (1) A penalty of not less than one month and not more than two years and a fine of not less than (100) RO and not exceeding (500) The following:
A) Give a checksable check that does not correspond to an existing balance, or the balance is less than the value of the check, or the account is closed.
(B) Withdrawal after giving the check all or part of the consideration so that the remainder does not meet its value.
(C) The order of the drawee not to pay the check.
D. The check has been released or signed in a manner that prevents its disbursement.
(E) He / she has returned to another person or delivered a check payable to the holder and he knows that he has no interest to meet his full value or that it is not deductible.
In all cases, the court shall, at the request of the concerned parties, order the convicted person to pay the value of the check and expenses incurred by the beneficiary.
Article 357 stipulates that: “A period of not less than one month and not more than one year and a fine of not less than (500) Omani Riyals and not exceeding (1000) RO shall be imposed on either of those who receive checks or carry others On his receipt and he knows that he does not have a charge that meets his full value or is not deductible. “
Article (358) stipulates that: – The penalty shall be punished by a fine not less than (500) RO and not more than RO (1000) if he decides in bad faith that there is no outstanding balance, Or has refrained from paying the check without a legitimate reason. “
Article 359 stipulates that: “The prosecution of the offenses set out in this chapter shall be based on the victim’s complaint. The case shall be settled by payment before it is submitted to the court or the execution of the judgment shall be waived.”
In the sense that the Royal Decree referred to in respect of the crime of the check without a balance has completely differed from the Penal Code (7/74), which is repealed in Article 290, where the following texts show the differences:
1 / The new law does not recognize that the check is a guarantee, and once the check is signed it becomes eligible for performance and has criminal protection.
2 / Avoidance of the new law the issue of circumvention in the intent to sign the check in a way to prevent disbursement, and make it among the crimes of checks.
3 / The new law decided to punish the drawee (the bank) with a fine of not more than one thousand riyals in the event that if he decided not to have a balance or declined to pay the check without a legitimate reason.
4 / The crime of the check without a balance has become a crime of complaint and the complaint must be filed within three months from the date of knowledge of the crime and committed to the police or public prosecution, and only kept the complaint to be submitted after the date missed by the prosecution.
5. The complaint must be submitted by the victim or his agent to a private agency and no person may be appointed by a public agency.
6. The case shall expire once the victim has surrendered and there is no general right. Once the check is paid, the public action shall cease.
Two conditions for its abolition: What is the “suspension” clause in the Omani Penal Code, and what is the difference between the new and the canceled?
Atheer – Lawyer Salah bin Khalifa bin Zaher Al – Kabali
A special deterrent is to find an order instilled in the same person who is punished with a punishment of terror and a deterrent that prevents him from committing the crime he has committed. The other type is said to be the general deterrent, which is not personally the criminal but his goal is for the general public to deter them from committing legal prohibitions Such an act, and therefore the origin of the laws to implement the penalties to deter the offender and not to return to commit the crime again for fear of the application of the penalty, whatever prison or fine, but there is an exception that the suspension of the implementation of the penalty despite the conviction of the perpetrator, Punishment? Does this not conflict with the principle of public and private deterrence intended from the penalties prescribed in the Penal Code? The answer to this is easy; if the reason is known as the hero of wonder, it is necessary to know the basis of punishment and its objectives before its implementation, the goal of punishment reform and evaluation, not displacement and destruction.
From this point of view, we will step down in this legal angle through Atheer to a facilitative statement on the legal basis that decided to stop the execution of the penalty, out of the general origin, by executing the offender, and what are the conditions for suspension? When can it be applied? Are all sanctions to be stopped? Is stopping the execution of the punishment reasons for the disappearance? Does he have a specific period of stay? In addition to the extent of the suspension of implementation and the expiry of the period prescribed for it.
The Omani legislator is keen to take into consideration the text of the moratorium on the implementation of the penalty in the hope of reform and the observance of humanitarian conditions and guarantees, the budget and taking into account the punishment in case of return to the crime, in both repealed and new laws applied in the current period, The law repealed in Article (74) stipulates the following: The judge may, upon disciplinary or disciplinary punishment, order the suspension of their execution if the following conditions are met: a He shall not have previously sentenced the convicted person to a penalty of the same or more severe punishment. 2. The convicted person shall have a real residence in the Sultanate and shall not be arbitrarily or administratively dismissed.
The new Penal Code issued by the Royal Decree (7/2018) stipulates in Article (71) that: (a) When the court commits a fine or imprisonment for a period of less than three (3) years, Or his or her past or age, or the circumstances in which the offense was committed, it is reasonable to believe that he will not return to the commission of a crime when he has a known residence. Except for confiscation), and article (72) of the same law stipulates: (a) The court may make a suspension of the execution conditional on the award Or the performance of the amounts adjudged, during the order specified in the judgment).
Thus, it is clear that one of the texts provided by the legislator is that special rules have been established so that the court can suspend execution solely for crimes of up to three years ‘imprisonment. The wisdom of this is that the legislator’s assessment of crimes that do not exceed three years’ And the legislator gave the court the discretionary power to suspend execution because of the high morals and bright past of the accused, as well as his age and the circumstances that led him to commit the crime, all of which are the basis for the judgment of the Court Which you wear out to put on twill And that the mere belief of the court that does not reach the certainty that the accused will not return to commit any offense sufficient to be suspended, all of which are conditional on a condition other than the amount of punishment, but must be sentenced to a known homeland within the Sultanate, All the effects of the judgment and the penalties that it decides, and only excludes it The confiscation, which is what is used in the commission of the crime, whether money or movables, the source of the first left to the hand of the convicted, which may be wasted or exploited by the difficult when the moratorium on the implementation of them, and on the other end the implementation does not stop the civil right is governed, And the decision of the individual to stop him is an unjustified interference in the right of the plaintiff to civil rights. The legislator decided to exclude him from the suspension of execution, but he did not explicitly stipulate in the law but reason and logic dictate it. In addition, the text of Article (72) The Court has the power to make the suspension conditional and favorable The executioner shall execute the civil right resulting from the civil right in the interest of the plaintiff.
(3) three years, starting from the day on which the judgment becomes final, if the period of the stay has expired without the issuance of an order to annul it, count the sentence as if it was not (it is clear from this text confirmation of what they mentioned in advance) The beginning of the corner is that the purpose of the punishment is to correct and evaluate not displacement and destruction. For three years without the convicted person being brought before him for any criminal act that shows his return to the right behavior and the truth of his return to the right and his departure from the offense, In the face of it, the legislator considered that the duration of the stay with the commitment of the convicted against not to submit any A crime is a proof of the purity of his bed, and he adjusts his situation and treats him like the rest of the citizens without the referee remaining a disgrace in his civil record.
However, the legislator did not stop the execution except for reform and evaluation. It is not for impunity. He decided that the court should order the suspension of execution in several cases, and the court decided to revoke the suspension in case of a case Article (74) stipulates that: (a) A stay of execution may be ordered in any of the following two cases: (a) If the sentenced person is sentenced to imprisonment for a period of more than 3 months for a intentional crime that occurred before or after the order. (B) If during the period of the stay it appears that the convicted person was sentenced before the suspension of a sentence as stipulated in it The previous item and were not the court had taught him.
The power to suspend the execution is in the hands of the court that issued the judgment. The judge is the judge of the branch. The court that issued the order of suspension is the court competent to annul it, and another court can not cancel the stay order. The public prosecutor must submit a request to the court The court shall suspend the execution after it has declared the convict to appear before the court in order to issue an order to cancel the stay in the face of it. According to the text added by the new law specifying how to order the suspension of execution stipulated in Article 75: The court that issued the judgment , And at the request of the public prosecutor after assigning the convict to attend).
Source link: http://www.atheer.om/archives/463211/
A rare case in one of the Sultanate’s courts: male and female, and a lawyer explaining her case
Atheer – Saif Al Ma’ali
She was born like the rest of her female peers, but adolescence was a nightmare for her; her body began to form like a male: beard, mustache, coarseness, lack of female organs, and lack of monthly habit like other female peers.
She lived a psychological state, and was cut off from her work; how will she live and act! Wearing women’s clothes and their male shape in every detail? Or wear men’s clothes and female identity?
She shamed, dressed in men’s clothes, and kept the reports in her pockets. She knocked all the doors and got financial help from the court of the Royal Court. She traveled and did some operations, but it was not enough.
She returned and reviewed the circles to change her name; to the disorder of her sexual identity, and sought from one of the bodies to form a medical committee of medical doctors to indicate the status: male or female? But they refused, and became desperate.
In a session in a courtroom, Professor Ahmed Al-Ajmi noted that there were people in the front rows assigned to men, but the courtroom was silent when it was called in the name of a woman! He took curiosity to know her story.
Al-Ajmi told Atheer: I searched for her and found her with the help of a lawyer. She visited me and gave me her medical reports from inside and outside the Sultanate. I asked her what she wanted, and she answered that she was looking for someone to take her case.
Ajami confirmed his willingness to adopt her case, after completing the procedures, and the work of power of attorney and grievance, and the inclusion of medical reports, the line of the lawsuit, and after the legal adaptation of the requests, resorted to the administrative judiciary, to rule against one of the official authorities, not correct the negative decision, to refrain from forming a medical committee, Clinically, psychologically, and medically competent physicians, to indicate their status: male or female.
The court deliberated the case, and at one of the hearings, the plaintiff attended my testimony and explained the tragedy to the court. After the proceedings were completed, the court ruled that all the requests had been accepted by a medical committee to determine the legal status of the plaintiff, her condition and the moral defects.
Al-Ajmi asked about the post-medical report. He replied: If the report of the committee finds that it was mentioned, we will then apply to amend the birth certificate and the official documents of the plaintiff from male to female.
The above is a rare case in our society, but it simulates a similar humanitarian situation in one of the Arab Maghreb countries, where it was eliminated in favor of the plaintiff, as Ajami said. He concluded by saying that the administrative judiciary simplifies its supervision of illegal decisions.
Source link: http://www.atheer.om/archives/462225/
The Administrative Affairs Council of the Judiciary signs an agreement for the application of the classification system and schedules for the retention of private documents
Muscat, Feb. 26 (ONA) — The Administrative Affairs Council of the Judiciary signed with the National Archives and Records Authority (NCHR) an agreement on the application of the classification system and schedules for the retention of private documents in the Administrative Affairs Council of the Judiciary.
The Department of Documents in the Council to implement the system and supervision of the directorates of the Council and provide all forms of technical support in collaboration with the technical support team documents.
The adoption of the Private Document Management System in the Administrative Affairs Council of the Judiciary is in accordance with the provisions of the Documents and Archives Act issued by Royal Decree No. 60/2007, which includes classification of documents in accordance with the nature of the work of the Authority and the quality of its documents,
These functions are general organization, human resources management, material resources management, financial resource management, and document retention schedules to ensure that the final archive balances are maintained and maintained by the Commission as evidence of the Sultanate’s sovereignty, heritage heritage and source of research and studies.
Source link: http://omandaily.om/?p=566589
Ishaq al-Busaidi issues a new resolution
The Honorable Dr. Ishaq bin Ahmed Al Busaidi, President of the Supreme Court and Chairman of the Administrative Affairs Council of the Judiciary, issued Decision No. 40/2016 appointing assistant judges in the post of judge.
The decision was based on the Judicial Authority Law promulgated by Royal Decree No. 99/90, Royal Decree No. 10/2012 on the organization of the Judicial Affairs Department and the Royal Decree No. 2014/4 amending the salaries, allowances and allowances of judges and the approval of the Judicial Affairs Council.
In its first article, the resolution provided for the appointment of 19 assistant judges in the post of judge and their distribution in accordance with a schedule annexed to the resolution.
The names of the judges are:
Shabib bin Mohammed bin Saeed Al-Shabibi Court of First Instance Muscat
Hajjaj bin Yusuf bin Rashid Al-Suwafi Court of First Instance Muscat
Nasr bin Said Amer Ameri Court of First Instance in Maawal
Mustafa bin Hilal bin Salem Al-Sawafi Court of First Instance Rustaq
Qais bin Salim Amer Rashedi Court of First Instance Photos
Haitham bin Fadel bin Salem Al-Shuksi Court of First Instance Nizwa
Fahd Bin Khamis Bin Ahmad Al-Fahdi Court of First Instance Basmayl
Issa Bin Ali Bin Mohammed Al-Maamari Court of First Instance Baabri
Saeed bin Salim bin Humaid Al-Maqbali Court of First Instance in Muscat
Saeed bin Saif bin Salem Al-Kindi Primary Wisdom Basmad
Mohammed bin Abdullah bin Saeed Al Badi Court of First Instance
Nader bin Ahmed bin Mohammed Al-Abri Court of First Instance Baqsab
Abdul Majeed bin Zaher bin Suleiman Al-Tobi Court of First Instance in Muscat
Abdul Aziz bin Khalifa bin Abdullah Al-Mundhary Court of First Instance Behla
Mohammed bin Hamad bin Mohammed Al-Qari Court of First Instance Rustaq
Ibrahim bin Abdullah bin Mohammed Rawahi Court of First Instance Jalan Bani Ali
Abdullah Ben Hamed bin Omar Al Marhoun Court of First Instance Basib
Hassan bin Ahmed bin Muslim Ja’boub Court of First Instance Barka
Ali bin Saeed bin Mohammed Jabri Court of First Instance Izki
Source link: http://www.atheer.om/archives/199796/
The President of the Supreme Court issues two decisions
Sheikh Dr. Ishaq bin Ahmed Al Busaidi, President of the Supreme Court and Chairman of the Administrative Affairs Council of the Judiciary issued two decisions.
Where the first article of the decision to nominate a number of virtues judges as presidents of the courts of appeal.
The second decision No. (30/2016) has brought together a number of the virtues of judges of the courts of appeal and the courts of first instance.
It is worth mentioning that the Board of Administrative Affairs of the Judiciary met yesterday under the chairmanship of His Excellency Sheikh Dr. Ishaq bin Ahmed Al Busaidi, President of the Supreme Court, Chairman of the Administrative Affairs Council of the Supreme Court Building in the presence of the Honorable Judges.
The Council discussed the attachment of the virtues of judges to the courts and the mechanism of judicial work in line with the policy of the Council and the functioning of the courts.
The Council also adopted a resolution to attach precise criteria based on the number of court cases and population density within each court.
The head of the Supreme Court, Shaikh Shaikh Shaikh Shaikh Shaikh Khalifa affirmed that the decision to follow up was an achievement of the principle of spreading justice throughout the country, pointing out that the judges should carry out their duties to the fullest extent by absorbing Omani legislation and the principles of the true Islamic religion and the values of Omani society.