The financial cases, which are sometimes known as criminality of administrative staff, include a broad set of the criminal crimes of an international character in general.
The individuals, companies, organizations and even the countries suffer from the financial crimes that have negative impact on the entire economy and the community due to the huge financial losses caused by such crimes.
In the recent times, the financial claims were on top of the right cases in the Arabian courts.
BYJUSTICE Advocates and Legal consultants is distinguished in field of the financial crimes, because it is deemed as an example and our legal advisors can find radical solutions for our clients based upon their broad international experience.
The main fields are summarized as follows:
- Operations of institutional cheating and fraud.
- Infringement, cheating and consequence thereof.
- Local regulatory provisions and approximate standards.
- Pursuing and recovering the resources.
Through our practice of this field, we have acquired broad experience in dealing with the financial crimes that violate the law as well as informing the clients with all stages and procedures applicable in this regard.
Many of the multinational banks and major companies depend on our advisors in the cases that aim at weakening the procedures and cause damages to the commercial works.
Our services focus on providing what is better for our clients, as our legal advisors are most distinguished in fields of their work in terms of the high efficiencies and the skills necessary for solving the incurable cases.
The criminal law is also defined as set of the laws and legislations drafted by the state for any behavior endangers the security, safety and public interest, as punitive sanctions are being legislated and enacted for the violators of these laws.
Since the retainer of the accused is accepted, we will find that our advocates in BYJUSTICE have the full connivance and established belief that the accused, who seeks for our defense, is innocent. There is no doubt that the advocate will take all legitimate ways to prove the innocence of his agent and to present the complete assistance for the investigator and the judgment based upon his own experience in order to remove the obscurity of the lawsuit, to reach to the overwhelming truth and to present the real felon to the court in order not to escape from the punishment.
At BYJUSTICE Advocates and Legal consultants, the advocates provide the client with legal advice in all field of criminal defense, because our objective is to assist you at such hard times based upon our understanding of your objectives.
I prefer to represent our clients immediately, when possible; therefore, don’t hesitate to request the advice, assistance and support from our experienced advocates to defend you.
At BYJUSTICE , we have the sufficient experience to assist you in all cases of the criminal judgments. As for the attendance of the accused to the trial sessions; the judgment me be in-presentia or in-absentia and there is another type as stipulated in some legislations is the in-absentia judgment in in-presentia judgment. As for the force degree of the judgment, the judgment may be preliminary or final and some people divide it into decisive judgment and final judgment. The interpreters of the law differentia between the final judgment and the decisive judgment; especially in the civil lawsuit, as they find that the final judgment is such judgment that terminates the litigation and could be contested by the ordinary ways such as the objection or the appeal or the extraordinary ways such as the contestation and it is included within the jurisdiction the supreme court like the Omani Judiciary system. There is another standard to divide the judgment in terms of fulfillment of the conditions by the judgment, as the judgments are divided into correct and incorrect judgment and this is shown as follow:
(1) In-presentia Judgment and in-absentia judgment:
The judgment shall be in-presentia, if the accused has attended the sessions of the trial and was aware of all procedures during the trial and we note that the law didn’t stipulate as a condition the attendance of the accused to the session of pronouncing the judgment, so that the judgment could be deemed in-presentia, because the principle in this regard is that the accused attends the trial session. The concept of attending the trial sessions by the accused includes his attendance to the court and then he withdrew from the session for any other reason whether acceptable or inacceptable. In addition, the accused shall be deemed present in case of his absence after attendance even if for one session only, provided that the excuse for his absence shall be acceptable. The judgment shall be deemed in-absentia when the accused fails to attend to the sessions of the trail in terms of failure to hear the accusation attributed to him, or to hear the statements of the witnesses, the pleadings of the public prosecution or the opinion of the experts and wasted the opportunity of defending himself. Consequently, the judgment shall be deemed in absentia, even if the accused has attended the session of pronouncing the judgment (the final session), but he didn’t attend the remaining session, because as we said the essence is by the attendance of the session and familiarity with the trial procedures and following up the progress thereof and not only hearing the judgment. The law stipulates that the accused shall attend personally in all stages of the trial procedures, because the attendance of the attorneys on his behalf isn’t considered; especially, in the crimes of felonies and misdemeanors punished by the imprisonment. In the other cases, the accused is entitled to authorize his attorney to attend for him. In addition, the parties to the lawsuit other than the accused shall be entitled to authorize their attorneys to attend the sessions, except in case of ruling their personal attendance by the court. This condition excludes their absence for acceptable excuse deemed reasonable by the court. On this ground and in order to avoid any confusion between the concept of the in-absentia judgment in case of absence of the accused from all session or in case of attending the session of pronouncing the judgment only, some legislations adopt a third type; i.e. the like-in-presentia judgment, when the accused does not attend all session and attends the final judgment session. I think that considering such last division by the Omani legislator is important because it is closest to the logic and it can differentiate between the case of the absence of the accused totally from the sessions of the trial and his attendance to hear the verdict of the judgment. The division is important, because in case of in-absentia judgment, the accused can object to the judgment.
(2) The decisive judgments, preliminary judgments and final judgments:
The second standard to divide the judgments is to divide the same according to the force degree thereof and the extent of possessing the cogency of the adjudicated matter. I will be satisfied with defining each type and supporting the definition with examples for easy inference.
2.1 The decisive judgments: these judgments do not settle the dispute nor terminate the judgment, but it decides the subject matter of the lawsuit; such as deciding the procedural issues. For example, the judgment of lack of jurisdiction when the subject matter of the lawsuit isn’t include within the scope of powers of such court whether in terms of the spatial, substantive or formal jurisdiction. The example of lack of spatial jurisdiction is that the lawsuit is filed before a court that the place of residence of the plaintiff isn’t located within the scope of geographical jurisdiction thereof or in terms of the spatial aspects; therefore, the lack of the spatial jurisdiction is adjudicated. The example of lack of substantive jurisdiction is that the lawsuit isn’t included in the competences of the court, so that the lawsuit is related to a civil or administrative matter and filed before criminal court; therefore, the lawsuit is dismissed due to lack of jurisdiction. According to some laws, in both above mentioned examples the court makes the so-called “Referral”, as the subject matter is referred to the competent court. The example of rejecting the lawsuit for formal reasons is when there is mistake in procedures of filing the lawsuit; so that the lawsuit is filed without capacity or interest or doesn’t satisfy the conditions determined by the law for possibility of presenting the same to the court.
There are the so-called judgments precedent to the deciding judgments, which are divided into some types; such as the preliminary judgment like the case of judgment of delegating an expert for inspection and presenting the technical opinion or the preparatory judgment; for example, the judgment of necessity of moving to the place of incident in order to determine some evidences and the temporary judgment or the so-called “summary judgment” when there is fair that the evidence will be wasted; such as death of a witness or escape of the accused. The difference between the decisive judgment and the precedent judgment is that the first type decides the subject matter and rules the lack of competence of the court or the referral of the court to the competent court. These judgments can be objected when the legal conditions are fulfilled, while the judgments precedent to the decisive judgments don’t imply the rejection of the lawsuit and don’t accept the objection in any way.
2.2 the preliminary judgments: such judgments that are contestable through the ordinary ways, whether the contestation is by way of contestation or appeal or the contestation by way of objection, provided that such contestation shall be filed before the same court and the judgment shall be in-absentia and shall be contestable legally. As for the contestation by appeal, it shall be filed before the Supreme Court or such court that follows the preliminary court; i.e. the court of appeal.
2.3 Final (decisive) Judgments: the judgment that can’t be contested in any way, expect in case of incorrect implementation of the law. The judgment shall acquire the decisive capacity in case of expiry of the legal period for accepting the contestation and it hasn’t been contested or if it has been previously ruled by the supreme court, after the judgment passed by the court of second instance (appeal) has been contested; this is called the cassation, which is one of the extraordinary contestation ways. The third case, in which the judgment acquires the decisive capacity is when so is conditioned by the laws like the judgments passed on cases of state security or major crimes and this shall not prejudice the principle of the justice hierarchy, because these judgment aren’t issued in such final form, except after examining the same accurately and exactly, due to the gravity of criminalized act.
(3) Valid and invalid judgments
The final standard for dividing the judgments is the extent of satisfying the conditions of satisfying all formality in terms of the anticipation of the preliminary achievement thereof, hearing the witnesses and defense of the accused persons, considering the available presumptions and issuing the judgment after deliberation. In addition, the judgment shall be issued by the competent court. In such case the judgment is considered valid and correct. As for the invalid judgment, is such judgment that implies any of the reasons for invalidity represented in the non-fulfillment of any of the reasons for validity of the judgment mentioned above in the definition of the valid judgment. Furthermore, the degree of invalidity of the judgment is different based upon the gravity of the defect thereof. In the case that the judgment implies gross defect; like issuing the same by non-judicial entity or against a deceased person, the judgment shall be described as non-existent judgment. I think that in such cases, the judgment may not be described as judicial judgment, but it may be permissible to nominate it as judgment in order to differentiate between it and the invalid judgment that the defect implied in the same is less than the defect implied in the non-existent judgment; consequently, it shall be corrected by objection to the same. The differentiation between the invalid judgment and the non-existent judgment is that the non-existent judgment doesn’t possess the legal force that allows the contestation thereof because it is considered as non-existent and nothing is created by the non-existence, while the invalid judgment is contestable and this is a logic matter, because the contestation shall be based upon reasons, which include the reason for the invalidity and the court may rule the invalidity of such judgment or the so-called the acceptance of the contestation. This leads us to the importance of the differentiation between the correct judgment and invalid judgment that the contestation is always rejected in the correct judgment.
This was summarized presentation on types of the criminal judgments and the standards used to differentiate between all judgments and the importance of differentiation between each judgment and the others.
The defender who is delegated to defend for the accused in a felony shall present a real and informal defense, but it isn’t permitted to request the defender to adopt specific plan in the defense, but he shall be entitled to arrange his defense as he deems for interest of the accused and this is the approach adopted by our advisors in BYJUSTICE .
The legislator necessitated that a defender shall attend for each accused in the felony referred to be heard by the criminal court in order to ensure a real defense for such accused person not just formal defense considering that the accusation with felony is a serious issue. Therefore, you have to choose an advocate widely experiences in this field and such purpose may not be achieved, unless the defense has attended the trail procedures of the accused from the beginning to the end thereof, so that he will be fully aware of the investigation that has been and will be made by the court as well as the procedures taken throughout the trial. Thereupon, all witnesses shall be heard in presence of the advocate or his legal representative.