Request to Initiate an Action in Customs Criminal Cases according to the Yemeni Customs Law

Abstract

The principle is that the criminal lawsuit is entrusted to the Public Prosecution, which raises and exercises it in its capacity as a representative of the social entity and an agent in defending its security and interests, in accordance with the provisions of Article (21) of the Code of Criminal Procedure.

Despite the validity and effectiveness of this system, the Yemeni criminal legislator has restricted the authority of the competent prosecution to file criminal cases in customs violations and smuggling crimes, by submitting a written request from the head of the Customs Authority or his authorized representative. This request is considered a legal act that must meet substantive and formal conditions, and when issued, it has important legal consequences.

The study sheds light on the true concept of the request to initiate and file a customs criminal lawsuit, its nature, the conditions for its validity and legal effects, the Yemeni legislator’s regulation of this request in the Customs Law, and the statement of the shortcomings, deficiencies and defects that marred its regulation, and the presentation of proposals in this regard.