Oman: Royal Decree No. 7 of 1974 issuing the Omani Penal Code

 

Title

 

  

Oman: Royal Decree No. 7 of 1974 issuing the Omani Penal Code

 
 

Date of adoption

 

 16 February 1974
 

Entry into force

 

 In effect
 

Text versions

 Arabic

English

Sources:

– Sultanate of Oman, Royal Oman Police, accessed: 01 November 2014, http://www.rop.gov.om/english/roplaws.asp

– Sultanate of Oman, Financial Intelligence Unit, accessed: 01 November 2014, http://www.fiu.gov.om/files/english/Omani%20Penal%20Code/Royal%20Decree%20No.%207-74-1.pdf
 

Abstract
In accordance with art. 8, the Omani legislation shall be applicable to any Omani or foreign person, who, whether as an offender, instigator or participant, kidnaps an Omani national or trades in, or enslaves him.

The Omani legislation shall be applicable to any foreigner who, whether as an offender, instigator or participant, commits abroad a felony or misdemeanor punishable by Omani laws and not stipulated in Articles 8, 10, 11 of this law and who is thereafter present in Oman. In such cases, the following conditions must be present (Art. 12):

  1. The law of the state where the crime is committed requires a sentence of three years imprisonment
  2. The extradition of the person is not requested or accepted
  3. If sentenced abroad then the sentence has not been executed or has been pardoned.

Chapter III deals with Accessory or Additional Penalties:

In accordance with Art. 46, accessory or additional penalties shall include the expulsion of a foreigner. This is further defined in Art. 48 which stipulates that any foreigner sentenced to a coercive penalty for a felony shall be sentenced to expulsion from the Omani territory in a special paragraph in the judgment. If the offender is sentenced to a disciplinary penalty for a felony or misdemeanor, he may be sentenced to expulsion if his offence is disgracing or harmful to state security or public ethics, or if his recidivism is established. The expulsion may be for life or for a temporary period of three to fifteen years.

If a foreigner is expelled, he shall leave Omani territory on his own expense within fifteen days. Failing to do so is punishable by one to six months imprisonment (Art. 49).