القصد الجنائي في الفقه و القانون اليمني

الملخص EN

This article aims to clarify the meaning of criminal intent and its types and importance in the (absence of) crime.

It also aims to examine whether the Yemeni Law agrees with Sharia or it needs modification, as it is important in our everyday life.

The study first compares the basis of criminal responsibility and its barriers in the texts of Yemeni Law in the Law No.

(12) 1994 related to crimes and punishments.

It concludes with the following results: 1.

The Yemeni Law takes into account freedom of choice as a basis of crime and punishment, thus agreeing with Islamic jurisprudence and Law.

2.

The Article (237) of the Law (12), 1994, considers that there is no effect of mistake in person(ality) and so it needs modification.

3.

There is some sort of ambiguity in the Article (31) of the Law (12), 1994, i.e.

children between seven and fifteen and between fifteen but less than eighteen are within the Law.

However, children within fifteen is not mentioned in the Law, and so it needs modification.