مدى استقلال النيابة العامة عن السلطة التنفيذية في القانون اليمني : دراسة للنصوص القانونية في قانوني السلطة القضائية، و إنشاء النيابة العامة

الملخص EN

The Yemeni constitution stipulates that the judiciary is a judicially, financially and administratively independent authority, and that the public prosecution is one of its bodies.

however, the law of the establishment of public prosecution states that the public prosecution shall be established to exercise the authorities granted to it by law and that the public prosecution shall follow the supreme judicial council, as well as the public prosecutor, financially and administratively, under the supervision of the minister of justice.

this study aimed to show the legal articles in the law of the judiciary no.

1 of1991 and the law of the establishment of public prosecution no.

77 of 1979 that referred to the intervention of the minister of justice in the work of the public prosecution.

the researcher chose this topic due to the large number of legal texts that represented a breach of the principle of separation of authorities, and referred to the intervention of the minister of justice in the competencies of the public prosecution.

the problem of the study was stated in the following question : “what is the extent of the independence of the public prosecution from the executive authority?”.

using the descriptive analytical approach, the researcher examined the legal texts of law of the judiciary and the law of the establishment of public prosecution.

the research focused on studying the legal texts of both laws in which the minister of justice was mentioned and they indicated a breach of the principle of the independence of the public prosecution.

the research concluded that there were infringements of the principle of the independence of the public prosecution by the minister of justice and incursions in the work of the public prosecution.

for this reason, the researcher recommended re-drafting the law of the judiciary and the law of the establishment of public prosecution to lead to the independence of the public prosecution.