القيمة القانونية لإجراءات التحقيق الأولي: دراسة مقارنة في القانون اللبناني والعماني

Abstract EN

This research paper is titled "the legal value of preliminary investigation procedures: a comparative study between the Lebanese and the Omani law".

the research question revolves around the extent of the conviction of the report drafted during the preliminary investigation, in proving the perpetrator's guilt.

the researcher analyzed this question following a two-part division.

in the first title, the researcher addressed the main preliminary investigation procedures which consist of the arrest, the search and the interrogation.

in the second title, the researcher explored the conviction of the reports drafted during this investigation, by reviewing the legislative stance and then the judiciary's position with regard to these reports, before examining their effect on forming the judge's conviction/moral certainty, hence providing answers to the inquiries raised by the research question.

this research paper concluded with several outcomes, most prominently that the legislator, upon prescribing the preliminary investigation's procedures, has left the appreciation of the value of these procedures to the judiciary.

the latter's position in this regard has been cautious, on the basis that those in charge of these procedures are not members of the judicial body.

given these conclusions, the research's recommendation suggests enabling the legal value of the preliminary investigation reports upon the verification of several elements mentioned in the conclusion of this research paper.