Arguing the invalidity of preventive detention in Yemeni law

Abstract

 The provisions of the law related to the conditions and guarantees of pretrial detention must be taken into account, unless, when these provisions are violated or not observed, the precautionary detained suspect has the right to plead the invalidity of this detention. One of the most important findings of this study is that the legal basis for this plea in Yemeni law is the text of Article  (398) of the Code of Criminal Procedure, and in the Egyptian law is the text of Article (333) of the Code of Criminal Procedure, and that this defense is one of the defenses that are not related to public order, but rather one of the defenses related to the interest of the litigants, and it is also one of the defenses in which reality is mixed with the law,  Finally, this defense is considered one of the fundamental defenses. As for the effect of this defense, it is the invalidity of the evidence derived from the false detention procedure, which was contrary to the conditions and guarantees of pre-trial detention based on the provisions of Article (402) of the Yemeni Code of Criminal Procedures, and Article (336) of the Yemeni Code of Criminal Procedure.  Egyptian criminal procedures.