Illegal Act Illegal Act as a Case of Duty and Its Impact on Criminal Liability Under Yemeni Law

Abstract

، in which an employee exceeds their authority in good faith or carries out an illegal order، but the illegality is either hidden from the employee. If the employee is in good faith and performs the act after taking the necessary precautions and foresight، and there are reasonable grounds for doing so، then the fulfillment of these conditions negates the moral element of the crime. Therefore، the employee is not liable for any responsibility، whether intentional or negligent. The basis for permissibility in this case is the error in permissibility، not the text of permissibility or an obstacle to liability، as it is personal. We concluded that this case is specific to public employees and those in a similar capacity، excluding other individuals. The exemption is limited to exemption from criminal liability only، with the possibility of holding them civilly accountable and imposing a disciplinary penalty، or taking any preventative measure against them. The person who takes the action against them has the right to defend themselves by means of legitimate defense.

It was also concluded that the dual nature of performing the duty is preferred، as the original is the objective nature and the exception is the personal nature، as the legislator relies on the exception in exempting the employee in the case of illegal work