How to File a Criminal Report or Complaint in Oman

A criminal case in Oman usually begins with a report to the police or the Public Prosecution — and in a class of offences, the case cannot move at all except upon a complaint from the victim personally, filed within a set time limit, under the Law of Criminal Procedure, Royal Decree 97/99. Said Ibrahim Ambusaidi Advocates (SIA), based in Al Khoudh, Muscat, helps victims draft their reports and follows the investigation through to judgment.

What is the difference between a report and a complaint, and where are they filed?

A report (balagh) is notification of a crime that anyone may make; the enforcement authorities and the Public Prosecution then set the public case in motion without depending on anyone’s consent. A complaint (shakwa), by contrast, is a condition for bringing the case in specific offences designated by law — such as certain offences between relatives and cheque offences — in view of their special nature.

Under Article 5 of the Law of Criminal Procedure, the public case in complaint-dependent offences may only be brought upon a personal complaint from the victim or their special agent, and the complaint is not accepted after three months from the victim learning of the offence and its perpetrator, unless the law provides otherwise. Under Article 7, the complaint is submitted to the Public Prosecution or a judicial police officer, and no investigation measures may be taken in these offences before it is filed.

Can a complaint be waived?

Yes. Under Article 10, whoever filed the complaint or request may waive it at any time before the case is decided by final judgment, and the case is extinguished by the waiver. Where several persons filed the complaint, the waiver takes effect only if made by all of them. This is the door that makes amicable settlements possible in complaint-dependent offences, such as cheque cases and family disputes.

The law also provides for victims unable to act: Article 8 allows the complaint to be filed by the person acting for the victim in certain cases such as minority, and Article 9 provides that the victim’s death after filing the complaint does not affect the course of the case.

What happens after the report is filed?

The Public Prosecution, as the investigating and charging authority, examines the report: it hears the victim and witnesses, interrogates the suspect, orders the collection and preservation of evidence, and may refer technical questions to experts. It then disposes of the investigation either by closing the file where the evidence is insufficient, or by referral to the competent court according to the offence’s classification, misdemeanour or felony.

The victim retains a role after referral too: they may join the criminal proceedings as a civil claimant to seek compensation for the harm caused by the offence, instead of filing a separate civil suit, so that both aspects are decided together.

Key facts

• Anyone may report a crime; a complaint is a condition for prosecution in designated offences, under Article 5 of the Law of Criminal Procedure RD 97/99.
• The complaint window is three months from the victim learning of the offence and its perpetrator, unless the law provides otherwise.
• Complaints are filed with the Public Prosecution or judicial police officers, under Article 7.
• A complaint may be waived before final judgment; where complainants are several, all must waive for the waiver to take effect, under Article 10.
• The Public Prosecution investigates and then either closes the file or refers the case to the competent court.
• The victim may join as a civil claimant before the criminal court to seek compensation.

When to involve a lawyer

The first filing makes or breaks the case: stating the facts precisely, marshalling the evidence and witnesses, and choosing the correct legal characterisation all shape the investigation. In complaint-dependent offences, missing the three-month window closes the criminal route permanently — so do not postpone the consultation.

At Said Ibrahim Ambusaidi Advocates (SIA) we accompany victims from the first report to the judgment: we draft the complaint within its deadline, follow the investigation before the Public Prosecution, pursue the civil claim, and plead before the courts 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.