the Complaint as a Restriction on the proceeding of penal law suit according to the Yemeni

The general principle is that the Public Prosecution is competent to initiate, file, and pursue criminal cases. However, we find that the legislator sometimes, as an exception to this general principle, restricts the authority of the Public Prosecution to initiate and file criminal cases in certain offenses by requiring a complaint to be submitted by the victim or their legal representative, so that the Public Prosecution cannot take any measures to initiate or proceed with the criminal case except after the victim has filed a complaint.

 Furthermore, the victim or their representative in complaint-based offenses is granted the right to withdraw the complaint they have submitted if they believe that their interest as a victim might conflict with proceeding with the case.

the reason the legislator departs from the rule is their view that in these crimes, the private interest outweighs the public interest; therefore, the assessment of whether to prosecute is left to the victim. The Public Prosecution cannot act unless the victim files a complaint about the crime, at which point the restriction is lifted and the Public Prosecution regains its discretion to initiate and pursue the case. If the victim decides not to file a complaint for any reason, the criminal case will lapse after a certain period.