أركان جريمة الامتناع عن مساعدة شخص في خطر في قانون الجزاء العماني : دراسة تحليلية مقارنة

Abstract EN

This research studied the elements of the crime of refraining from assisting a person in danger and explained its special conditions according to the provisions of the Omani Penal Code.

The study compared them to related provisions in both the French Penal Code and the Algerian Penal Code.

The study then clarified the position of the judiciary regarding these laws and how sufficient they are in dealing with issues that arise in practice as a result of this crime.

The research concluded that the comparative laws agree that the occurrence of the crime of refraining from assisting a person in danger necessitates a material element that takes the form of refraining from providing assistance while being able to provide it, either directly and personally from the abstainer or by refraining to request assistance from others.

This element assumes that a person is in real and immediate danger and that refraining to provide assistance does not pose a danger to the person who must assist.

They also agree that there is a necessary moral element, which is when the abstainer intentionally refrains from providing assistance or from seeking help while being aware of the danger that threatens the person seeking help.

Within the moral element, it is not conditional for the refrainer to have a bad intention or an intent to harm the person in danger.

The research also concluded that the Omani Penal Code extends the scope of the danger threatening those in need of assistance to include danger to themselves, their money and their honour.

This is in contrast to the French and Algerian laws, which limit it to the danger that threatens only the self.

On the other hand, the French and Algerian laws stipulate that providing assistance must not be dangerous, whether for the person providing it or anyone else, while Omani law limits this to the one who is providing it.