The crime of a Yemeni joining the armed forces of a country in a state of war with the Republic of Yemen in Yemeni law

Abstract

        A Yemeni joining the Armed Forces of any country, which is involved in war against the Republic of Yemen, is considered one of the crimes of supporting and aiding the enemy. It is also considered one of the oldest and most fatal crimes. This criminalization is the first fence to protect the country, preserve its basic interests, protect its existence and survival, the cohesion of the unity of its people, and the integrity of its territory. The perpetrators of these crimes (The Traitors) charged and faced with severity and strictness in the punishment and penalty imposed on them because it is considered a Crime of High Betrayal. Due to the threat and fatality of these crimes, the Yemeni Legislator clearly stipulated it in the Article (127) of the Crimes and Penal Code and included several crimes forms of supporting the enemy, one of these crimes is “joining enemy forces”. The crime of joining the enemy’s army is figured by various legal systems as one of the most severe crimes, because it reveals and discloses the lack of loyalty to the home country and the disloyalty and unpatriotic to the home country. In this research, we discuss the statement and clarification of the crime elements that are represented by the supposed, material and moral elements, and what is the penalty resulting from that?  This research was divided into Four Elements: The First Element is the Supposed Component of the crime of joining the enemy’s’ force. The Second Element is the Material Component of the crime of joining the enemy’s’ force. The third Element is the moral component of the crime of joining the enemy’s’ force. The fourth Element is the punishment and the penalties for the crime of joining the enemy’s’ force. Final element is the conclusion, in which we explained the Results of this research and Recommendations.