The penal policy adopted by the Omani legislator in the Anti-Cyber and Information Technology Crimes Law issued by Royal Decree No. 12/2011

Abstract

The study aimed to identify the penal policy adopted by the Omani legislator in criminalizing acts committed in the context of information technology crimes. In addition to reviewing the features of this penal policy in the Sultanate of Oman, and handling the penal philosophy adopted by the legislator. Moreover, indicating the types of crimes in the law and the penalties determined for them. The researcher used the descriptive approach to achieve the objectives of the study, which supported by the historical aspects of the legislation issued in the Sultanate of Oman, with a review of the legal texts in the Anti-Cyber and Information Technology Crimes Law in particular. The study concluded with a set of results, the most important is that criminalization in any country comes as a result of the interaction of many elements that collectively constitute the general orientation of the state in both criminalization and punishment policy. The Sultanate of Oman has taken great steps in criminalizing acts that fall under the umbrella of the Anti-Cyber and Information Technology Crimes Law. Through these laws, the restriction features of the penalty is noted by increasing and aggravating of freedom deprivation penalties, increasing financial penalties and increasing punishment circumstances. as well as adding new types of crimes in criminalization. As for the features of abatement, they are represented in mitigating the duration of the freedom deprivation's penalty, the moderating circumstances and the preference, which is done by combining prison sentences and fines, and mitigating the penalty in the case of reporting the crime. The study recommended the necessity of adding penal processes within the penalties issued in the law, as well as permanently and continually reviewing the penalties to nationally and globally conform to the reality of crime and its diversity.