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Capital punishment in Yemen is commonly applied for a wide variety of criminal transgressions. This includes violent acts like murder, rape, or terrorism, but it can also be used in cases of Islamic or "Hudud" offences under Sharia law such as adultery, sexual misconduct, prostitution, and apostasy. Kidnapping, robbery, drug trafficking, homosexuality, and treason carry a possible death sentence as well.〔 Yemen has one of the highest execution rates in the world. Capital punishment is typically carried out by shooting, although stoning remains a legally viable option for charges of adultery; however, there have been no documented cases of its application for centuries.〔 The southern Arabian republic is also one of a select few countries that continues to perform public executions. In addition to being the only individual in the country with the authority to grant clemency, the President of Yemen must ratify all executions passed down by any court before they are carried out. ==Legal procedure== Like most countries, the Yemeni legal system exists within the framework of a three-tier structure. At the lowest level of jurisprudence are the courts of first instance, established to preside over all different varieties of cases. These range from criminal, civil, commercial, personal status, court-martial, and other miscellaneous offences classified as "special cases" under the penal code (''e.g.'', kidnappings, grand larceny).〔 After trials are held at the lower levels of the Yemeni justice system, there is the option for both the defendant and the relatives of the victim to submit an appeal to an intermediate-level appellate court, which has broad powers to elevate or commute sentences at its discretion. Finally, if legal disputes still remain, then the issue is brought to the Supreme Court of Yemen as a last resort.〔 There are no jury trials in the country, and cases are only adjudicated by individual judges.〔 Although the Yemeni constitution arranges for the separation of powers between different branches of government,〔(【引用サイトリンク】url=http://www.al-bab.com/yemen/gov/off2.htm )〕 the judiciary is subordinate to the executive branch in practice. The Supreme Judicial Council (SJC) is a small committee established by the federal government to oversee matters pertaining to the Yemeni legal system.〔 The SJC, which is accountable only to the President of Yemen, can directly appoint or dismiss judges without any judicial oversight.〔 In addition, the President must ratify all death sentences before they are carried out, and is the only person in the country with the authority to enact a stay of execution.〔 Yemen applies Sharia law, which serves as the basis for all legislation in the country.〔 Many nonviolent capital offences, such as homosexuality or blasphemy, are at least partially derived from a strict interpretation of select Quranic verses. Another facet of Islamic jurisprudence recognized in Yemeni courts is Qisas. As a means of legal retribution, the relatives of a murder victim have the option to either demand the death penalty for the accused party, or to pardon them for their crimes. However, the extent to which this is actually enforced remains a subject for dispute, as the Yemeni justice system has allegedly performed executions despite objections from the families of murder victims. Conversely, death sentences have been reapplied after an initial pardon issued by the President as a result of pressure from relatives. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Capital punishment in Yemen」の詳細全文を読む スポンサード リンク
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