Claiming Compensation Within a Criminal Case in Oman

A person harmed by a crime is not limited to seeing the offender punished; they may claim compensation for their material and moral damage. The Law of Criminal Procedure, Royal Decree 97/99, allows the victim to pursue their civil right before the criminal court itself, instead of a separate civil suit, so that penalty and compensation are decided together. Said Ibrahim Ambusaidi Advocates (SIA), based in Al Khoudh, Muscat, represents victims on this track.

What is the civil claim, and why is it effective?

A crime, in principle, generates two cases: the public case, conducted by the Public Prosecution to impose punishment, and a civil case for compensation for whoever suffered direct personal harm from the offence. The law permits joining the second to the first before the criminal court: the injured party claims civilly against the accused and, where applicable, against the party liable for the civil right — such as an employer for their employee.

The advantages are practical: one court hears the entire matter; the criminal evidence gathered by the Public Prosecution serves the compensation claim directly; and one judgment decides both limbs, saving litigation time and cost. The substantive basis of the compensation is the harmful-acts (tort) rules of the Civil Transactions Law, Royal Decree 29/2013, which oblige whoever harms another to make the damage good.

What does compensation cover and how is it assessed?

Compensation covers the loss sustained and the gain missed, where they are the natural result of the offence: treatment costs, the value of stolen or destroyed property, and lost earning capacity. It also covers moral damage for injury to the victim’s feelings, honour, or reputation. The court assesses compensation according to the harm established in the file, and may appoint experts on technical questions such as disability percentages and repair values.

Document the damage from day one: medical reports, treatment and repair invoices, and proof of lost income — a compensation file is only as strong as its documents.

What if the criminal case ends in acquittal or closure?

The fate of the civil claim is tied to the basis of the criminal ruling, not only its operative part. If acquittal rests on the facts not being established, the foundation of compensation collapses; but if the acquittal rests on a ground that does not negate the harmful act itself, the injured party may still have a civil route under tort rules. Choosing the track — joining the criminal case or filing a separate civil action — is therefore a strategic decision made on the evidence of each case.

The injured party may also leave the civil claim before the criminal court and resort to the civil courts, observing the limitation and deadline rules in either case.

Key facts

• A crime victim may pursue their civil right before the criminal court under the Law of Criminal Procedure RD 97/99, with penalty and compensation decided together.
• The civil claim may be directed at the accused and at the party liable for the civil right where one exists.
• The substantive basis of compensation is the harmful-acts rules of the Civil Transactions Law RD 29/2013.
• Compensation covers actual loss, lost gain, and moral damage.
• The criminal evidence gathered by the Public Prosecution directly serves the compensation claim.
• A separate civil action remains an alternative route depending on the case and its evidence.

When to involve a lawyer

Involve a lawyer from the investigation stage, to register your civil claim at the right moment, build the damage file with documents, and quantify the claims realistically — neither underselling your right nor exposing the claim to rejection. You will also need advice on choosing the best track, joined or separate, and on enforcing the award after judgment until the compensation is actually collected.

At Said Ibrahim Ambusaidi Advocates (SIA) we represent victims and injured parties in criminal cases: we draft the civil claim, document the damage, plead both the criminal and civil limbs, and then enforce the compensation judgment across Oman. The first consultation is free by phone or WhatsApp on +968 9706 3030. We are based in Al Khoudh, Seeb, Muscat, and work Sunday to Thursday, 9:00 to 13:00 and 14:00 to 17:00, in Arabic and English.

This article is general legal information, not legal advice.