Yemen

Republican Decree for Law No 12 for the Year 1994 Concerning Crimes and Penalties

Book ONE
General Provisions on Crimes and Punishments

Part Two
Punishments

Book ONE
Fundamental Punishments

Chapter Five
Complimentary Punishments

Definition

Article (100):
Complimentary Punishments are punishments that compliment the statutory fundamental punishments, which rest on the announcement of the Judge thereof and may only be executed unless they are stipulated in the verdict. Complimentary punishments include being deprived of all or some of the rights stipulated in the following article, being put under observation, confiscation, in addition to the complimentary punishments stipulated in the Law for certain crimes.


Deprivation of Certain Rights and Privileges
Article (101):
In addition to the punishment set forth for the crime, the court may rule that the Perpetrator shall be deprived of all or some of the following rights and privileges, or shall be punished by one or more of the following complimentary punishments, subject to the nature of the crime and the circumstances surrounding its perpetration, the past record of the suspect and the type of fundamental punishment sentenced:
1. Engagement in public employment or services or employment with the prosecution or professional fields.
2. Election for or election to the public councils or assemblies.
3. To be a member of the Board of Directors or Manager of a company.
4. To be the holder of a commitment or a concession from the Government.
5. To be a trustee or custodian or agent.
6. To be an expert or a witness in any agreement or disposition.
7. To be a manager, publisher or editor of a newspaper.
8. To be responsible for the management of an academic school or institute or to engage in any educational activity.
9. To carry any national or foreign decoration or honors.
10. To bear arms.
11. To continue to practice a profession.
12. Freedom of movement or relocation (under police observation)
13. Use or exploitation of a shop (closing a shop).
14. Continued residence of a foreigner.
15. Presentation of an undertaking not to disrupt security and to be committed to good conduct, to be with or without a guarantee.
If the sentenced Perpetrator, at the time of sentencing, was enjoying any of the above rights and is sentenced with deprivation of some of them, the deprivation shall be implemented upon the issuance of the sentence accordingly.
The deprivation shall be permanent and its effectiveness shall not be removed until the rehabilitation of the convicted Perpetrator. The deprivation may also be temporary for a period of a minimum of one year and a maximum of three years, starting from the date of executing the fundamental punishment or from the date that the punishment has been terminated for any other reasons unless the law stipulates otherwise.


Article (102):
The Court may rule that a convicted Perpetrator, who was sentenced to imprisonment, may be placed under probation for a minimum period of one year and a maximum period of three years starting from the day of the termination of the prison term; the judge shall set forth the obligations required of the Probation, such as residence in a specific location that could only be changed with the approval of the administrative authority, or to ban him from being found in certain places. If there are no specific Probation boards existing, the police shall be in charge of this responsibility and the prosecution of jurisdiction over the area where the Probation is residing shall begin supervising the execution of the Probation based on periodic reports presented to such prosecution on the conduct of the Probation every three months at the most; the prosecution may amend or waive some of the restrictions of the Probation after at least half of the Probation term has expired. If the Probatione violates the conditions of the Probation, the judge may harden the conditions thereof or to sentence the convict to imprisonment for up to a maximum of one year.


Confiscation
Article (103):
When convicting a Perpetrator, the Court may rule for the confiscation of apprehended objects obtained from the crime, those which were used to perpetrate the crime or which were prepared for use therein. The order for confiscation of apprehended items, of which the manufacture, possession, acquisition, use, sale and offer for sale is considered a crime in itself, even if it was not owned by the suspect, or the suspect was not convicted. In both cases, the Court shall give consideration to the rights of other parties with good intentions.

Keywords

National penalties - national proceedings



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