MUSCAT: His Majesty Sultan Haitham bin Tarik on Thursday issued two Royal Decrees.
Royal Decree No 68/2022 introduces amendments to some provisions of the Penal Law.
Article (1) stipulates that the amendments attached to this Decree shall be applied to the Penal Law promulgated under Royal Decree No 7/2018.
Article (2) says that this Decree shall be published in the Official Gazette and enforced on the day following its date of publishing.
Royal Decree No 69/2022 amends some provisions of the Criminal Procedures Law.
Article (1) states that the texts of Article (4)-bis and Article (164) of the Criminal Procedures Law promulgated under Royal Decree No 97/1997 shall be replaced with the following texts: “Article (4)-bis: A person who incurs harm from the crime stated in Article (230) of the Penal Law may file a case directly to the competent court. The secretariat of the court shall notify the Public Prosecution Department through a copy of the lawsuit file to initiate a public lawsuit. No lawsuit shall be brought against the heads of units of the State’s Administrative Apparatus and other public legal persons/entities, except after obtaining permission from the competent authority. Permission is issued by the Council of Ministers for the heads of units of the State's Administrative Apparatus. Application for the permission shall be submitted by the Attorney General at the request of the party incurring harm. The application shall be corroborated by the supporting documents.
“The heads of units of the State’s Administrative Apparatus and other legal persons/entities may delegate one of the occupants of legal positions in the unit to which they belong in order to appear, plead and submit appeals before courts of different levels.”
“Article 164: The summons (subpoena) shall be announced to the accused person in accordance with the provisions of Articles (70) and (71) of this law. The announcement of the heads of the units of the State’s Administrative Apparatus and other public legal persons/entities is done through the competent administrative division in the unit to which they belong. The notification of prisoners shall be done through the head of the prison administration or whoever occupies the position. Announcement of military persons shall be done through their respective commands. Whoever receives a copy of the announcement must sign. If he/she refuses, the Court of Misdemeanor shall impose on him/her a fine not exceeding RO 50. If he/she insists on abstention, the accused shall be notified in accordance with the provisions of Articles (70) and (71) of this law. As soon as they are notified of the summons, the litigants may view and peruse the case documents.”
Article (2) says that this Decree shall be published in the Official Gazette and enforced on the day following its date of publication. - ONA
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