THE POSITION OF THE YEMENI LEGISLATOR ON BRINGING DRUGS -COMPARATIVE ANALYTICAL STUDY-

Abstract

This research is a comparative analytical study that deals with the position of the Yemeni legislator on bringing drugs, whether they are narcotics or psychotropic substances, and in the context of that, the research deals with the legal aspects related to drugs, especially in terms of their definition and types in general, and in Yemeni law in particular, in addition to To its legitimate importation, as well as its illegal importation as a crime that has its own elements, and its penalties decided by the Yemeni legislator, with the aim of combating this dangerous criminal activity, and those materials that are harmful to the individual, family and society. These topics are covered by the research in an introductory section and two other sections, and it also contains a conclusion that includes the most important findings and recommendations, the most prominent of which is the presence of major legislative deficiencies, especially in the Yemeni drug control law, whether in terms of not clarifying the meanings or connotations of many of the terms contained in this law, and not defining Drugs in general or defining each type of them in particular, whether they are narcotics, psychotropic substances, or chemical precursors, or in terms of not mentioning some types of drugs in the tables attached to that law or distinguishing between narcotic substances and psychotropic substances, as well as not distinguishing between the substances of each of these two types. According to their nature, degree of severity, medical benefit, or the severity of the penalties prescribed for criminal acts related to them, most notably bringing in drugs, in addition to deciding simple and non-deterrent penalties for the crime of bringing in narcotics - psychotropic substances - contained in Table No. (3) attached to the law, despite the seriousness of these articles, Likewise, the failure to stipulate the penalty of a fine as an original penalty in addition to the prison sentence prescribed for this crime, despite the usefulness of the fine in achieving the purposes of the penalty, especially special deterrence, as a result of its prejudice to the funds of the perpetrator or perpetrators, which is a Illegal money resulting from the illegal import of drugs, and this legislative shortcoming and others made us recommend to the Yemeni legislator to avoid it, by stipulating all of this in the Anti-Narcotics Law or in the tables appended to it.