The Crime Of Fraud In The Omani Penal Code

• Published date: 06 January 2023
• Subject Matter: Criminal Law, White Collar Crime, Anti-Corruption & Fraud
• Law Firm: Sariya Al Hadi & Ali Al Rashdi & Co.
• Author: Mr Ali Al Rashdi

The Omani Penal Code No. 7/2018 regulates the crime of fraud in articles from 349 to 355 and it criminalizes several acts that were not determined as criminal acts in the previous Penal Code. In addition to the typical fraud, which is established by obtaining a benefit by using fraudulent means or assuming a false name or untrue capacity, article 350 of the new law criminalizes the act of the offender who disposes of any movable property or an estate, that he knows is not owned by him, or that he previously disposed of or contracted in respect of. According to Article 25 of the Penal Code, the crime of fraud is considered a misdemeanor punishable by imprisonment for a period no less than (10) ten days and not exceeding (3) three years and a fine no less than (100) one hundred Rial Omani and not exceeding (1,000) one thousand Rial Omani, or one of those two punishments.

Below are the most essential forms of fraud that are being criminalized by law and the procedures for filing and investigating them by the competent authorities:

Fraud by practicing fraudulent methods or assuming a false name or untrue capacity

The Penal Code criminalizes this act under Article 349, which declares anyone who obtains from another an unlawful benefit for himself or by assuming a deceptive name or by manipulating fraudulent ways shall be facing imprisonment for a period no less than three months and not exceeding two years, and a fine no less than one hundred Omani Rials and not exceeding three hundred Omani Rials or any of those two punishments. Mere false allegations and statements are not sufficient for establishing this crime, instead, such allegations and statements must be accompanied by acts that may give the illusion of a false project, present a forged fact or create hope of obtaining fictitious profit.

In the lawsuit No 1339 year 48, the Egyptian Court of Cassation determined that the accused enhanced her lie to the victim about the existence of a commercial project that attains fictitious profits by wearing fake jewelry that gave her the appearance of a wealthy merchant, as well as displaying imported fabrics as samples of abundant merchandise that she has traded in by importing them from Lebanon, which the court has considered as fraudulent means. In contrast to the previous judgment, the Supreme Federal Court of the United Arab Emirates, in the case No 101/2015, held that the elements of the fraud were not fulfilled as the accused's allegations that he had a...