The power of the decision that there is no reason to end the criminal case in Yemeni legislation "a comparative analytical study"

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

A decision that there is no reason to file a criminal case is one of the most important judicial decisions issued by the Public Prosecution after starting the investigation into the incident, with the aim of stopping the proceedings of the criminal case before deciding on its subject matter by a judicial ruling, as it is a means of stopping the conduct of the criminal case and ending it without a ruling, and it is considered one of the decisions ending the criminal litigation, and as a result of not adjudicating it on the subject, it acquires a special kind of authority In terms of the permissibility of reversing it if new evidence appears that strengthens the weak evidence on which it was issued. Whereas it is legally prescribed that: The issuance of a decision that there is no reason to prevent the return to investigation except under the conditions stipulated by law, for this reason it possesses temporary authority that prevents it from returning to the investigation into the same incident in respect of which it was issued as long as it is still ongoing, and if it is removed for any of the reasons specified by the legislator, it is permissible to return again to the same case, by initiating an investigation and even submitting it to the judgment court, and accordingly it is true to say:  It is a temporary impediment to proceeding with the lawsuit proceedings Penal for the possibility of its demise. 

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