المواجهة الجنائية للجرائم الماسة بنزاهة الوظيفة العامة في القانون اليمني : جريمة الرشوة، جريمة استغلال النفوذ، جريمة الاختلاس

الملخص EN

This study aimed to clarify the concept of crimes against the integrity of the public office and its pillars, with clarification of the measures taken to confront crimes against the integrity of the public office, and the penalties prescribed for them.

In writing this research, I relied on the descriptive analytical method, to describe some of the crimes affecting the integrity of the public office, and to analyze the legal texts related to these crimes, and at the end reached a set of results, the most prominent of which are the following: 1.

There is a contradiction in the Anti-Corruption Law between the text of Article (37), which stipulates the competence of the money prosecutions and courts to consider cases of corruption crimes, and the text of Article (8/7) which stipulates that the commission shall investigate the perpetrators of corruption crimes and refer them to the judiciary.

2.

The Yemeni legislator has set a condition for the issuance of the indictment and investigation with the Prime Minister, his deputies, the ministers or their deputies from the House of Representatives, which is the need to submit a proposal from one-fifth of the members of the House of Representatives and the approval of two-thirds of its members.

Justice.

3.

The Yemeni codified, in the Crimes and Penalties Law, equated the crimes of embezzlement with complementary penalties, making them permissible; Whether the embezzlement was with the intention of owning or with the intention of using and responding, and this often leads to a disregard for the gravity of this crime, and the weak protection of public money.