The provisions of the special amnesty in Yemeni law.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

It is also known that pardon in general when part of the jurists are of two types: it may be special and deals with the punishment only, and it may be comprehensive and deals with the criminal act in itself and the punishment prescribed for it. In this research, we will deal – with the help of the Almighty – the special pardon, which we will explain below. A special pardon is part of the principle of exempting the convicted person from the execution of the sentence judicially sentenced by a final or final judgment, This is either by exempting him from all or some of them, or by replacing a lighter penalty with it, through the will of the person who has the right to issue it. As prescribed in Yemeni law, the decision to grant pardon is usually up to the discretionary power of the President of the Republic as the highest authority in the country, where he is concerned with his assessment that the interest of society is achieved by not implementing the penalty, i.e. his assessment that the benefit that society receives if he does not implement the penalty outweighs the benefit he receives when the punishment is executed.

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