The specificities of the Penal order in the Yemeni Law of General provisions for violations "Comparative Study"

Abstract

The study aims to determine the appropriate definition of a penal order, its scope of application, and to shed light on the competent authority to issue it, and its controls in the law of general provisions of Yemeni violations in comparison with the UAE Code of Criminal Procedure and the Egyptian Code of Criminal Procedure. The study reached several results, most notably: that the Yemeni legislator did not define the penal matter and limited its scope of application to offenses only, but not to serious offenses, the penalties of the legally prescribed fine, confiscation and restitution, and he did not distinguish between the fine as the original penalty and other supplementary penalties, against natural persons and private moral persons, and considered the Public Prosecutor ' s Office was the only authority competent to issue it, and the legality of its issuance was subject to procedural and formal controls. with the possibility of annulling it by the Attorney General and the heads of the Public Prosecution appointed by him, and the possibility of challenging it before the competent court of first instance when its conditions are met, otherwise it will become final and effective. The most prominent recommendations of the study are: that the Yemeni legislature should review the provisions of the General provisions of the Code of Offences and its implementing regulations, reorganize the provisions of criminal offenses in the Criminal Code and regulate the provisions of the Penal Code in the Code of Criminal Procedure; There is no convincing justification for regulating them in an independent law, and confusion over its provisions with other provisions.