legal Guarantee of Acquittal Judgment in Yemeni Legislation

This study aims to investigate the extent to which the acquittal judgment is guaranteed under Yemeni legislation, which is an important issue in legal studies. The study follows a descriptive-analytical approach to analyze the legal texts.

 The study consists of three main sections. The first section examines the acquittal judgment in Yemeni legislation; the second section discusses rehabilitation under Yemeni law; and the third section elaborates on the defendant’s right to compensation within the same legal framework.

The study reveals several key findings, the most significant of which is that the Yemeni legislator affirms the necessity of rehabilitating convicted individuals, as it is legally impermissible to deprive them of their fundamental rights or to prevent them from holding public office. Furthermore, the Yemeni legislator confirms the accused’s right to compensation for any harm suffered as a result of a wrongful conviction or the unlawful actions of any person who caused such conviction and the consequent harm upon them.

 The study also offers several recommendations, most notably: the need to amend Article (297) of the Yemeni Code of Criminal Procedure to include the reasons for the judgment, and to amend Article (198) to stipulate “a penalty of imprisonment for a term not exceeding one year, or a fine of not less than one hundred thousand riyals”. This amendment is proposed because the current provision—stipulating a penalty of one year’s imprisonment or a fine of one thousand riyals —allows media outlets to publish false news intended to defame individuals or disturb public order for a negligible penalty of one thousand riyals.