Legal Characterization of Crimes in Yemeni Law

Abstract

​Definition: Criminal characterization means applying the correct legal description and penal text to a committed act.

​Problem: The overlap between legal descriptions for a single act, and the impact of judges amending this characterization on the right of defense.

​Objectives: To analyze criminal characterization in Yemeni law, its stages, its legal impacts, and the court's authority to amend it.

​Methodology: Analytical-foundational approach studying Yemeni penal and procedural laws.

​Findings: Characterization is subject to Supreme Court oversight. The prosecution has initial authority, but the court has the final word without altering the material facts.

​Recommendations: Amending procedural law to obligate courts to alert defendants when characterization is changed to a harsher description, and training judges to unify standards.