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2008 Assessment

Yemen: Integrity Indicators Scorecard

Yemen: Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators   Score
73 Is there legislation criminalizing corruption? 100

Indicator and sub-Indicator Details

73 Is there legislation criminalizing corruption?
 
  73a: In law, attempted corruption is illegal.
 
Score: YES  NO score
  Comments: These and other laws are as effective in preventing corruption as pouring diesel fuel is for putting out a fire.

References: Law No. 39, 2006, Concerning Combating Corruption

Law No. 20, 2006, Financial Disclosure

Penal Code No. 12, 1994, and subsequent amendments . Law No. 19, 1991, Concerning Civil Service, Articles 111, 117 (g), 122, 125 (b)

Law No. 6, 1995, Prosecution and Indictment of Senior Government Officials, [ LINK ]

  73b: In law, extortion is illegal.
 
Score: YES  NO score
  Comments: It is a crime punishable by law

Article 3 says that the president and vice president are only liable for high treason; constitutional breach; and violation of the sovereignty and independence of Yemen.

References: Anti-Corruption Law No 39, 2006 , Articles 3, 30

Penal Code

Law No. 6, 1995, Prosecution and Indictment of Senior Government Officials, [ LINK ]

  73c: In law, offering a bribe (i.e. active corruption) is illegal.
 
Score: YES  NO score
  Comments: There are a number of stipulations.

References: Penal Code No. 12, 1994

Anti-Corruption Law No. 39, 2006, Article 30

  73d: In law, receiving a bribe (i.e. passive corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: Penal Code 12, 1994

  73e: In law, bribing a foreign official is illegal.
 
Score: YES  NO score
  Comments: Article 3 says that the president and vice president are only liable for high treason; constitutional breach; and violation of the sovereignty and independence of Yemen.

References: Anti-Corruption Law No. 39, 2006, Articles 3, 30

Law No. 6 ,1995, Prosecution and Indictment of Senior Government Officials, [ LINK ]

  73f: In law, using public resources for private gain is illegal.
 
Score: YES  NO score
  Comments: There are other similar stipulations other legislation as well, but the law goes one way and reality takes a very different route.

Article 3 says that the president and vice president are only liable for high treason; constitutional breach; and violation of the sovereignty and independence of Yemen.

References: Law No. 6, Comcerning Prosecuting and Trying Senior Public Officials, Chapter I, Article 4

Money Laundering Law No. 35, 2003, Article 4, [ LINK ]

  73g: In law, using confidential state information for private gain is illegal.
 
Score: YES  NO score
  Comments: Under Article 3, the president and vice president are only liable for high treason, constitutional breach, and violation of the sovereignty and independence of Yemen.

Aricle 30 does not specifically state breach of confidentiality, but puts it under "exploitation of official position."

References: Anti-Corruption Law No. 39, 2006, Article 30

Law No. 6 of 1995, Prosecution and Indictment of Senior Government Officials, Article 3, [ LINK ]

  73h: In law, money laundering is illegal.
 
Score: YES  NO score
  Comments: Under Article 3, the president and vice president are only liable for high treason, constitutional breach, and violation of the sovereignty and independence of Yemen.

References: Law 35, 2003 Concerrning Money Laundering

Law No. 6, 1995, Prosecution and Indictment of Senior Government Officials, [ LINK ]

  73i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.
 
Score: YES  NO score
  Comments: Under Article 3, the president and vice president are only liable for high treason, constitutional breach, and violation of the sovereignty and independence of Yemen.

References: Law No. 356, 2003, Concerning Money Laundering, Article 3, [ LINK ]

Law No. 6, 1995, Prosecution and Indictment of Senior Government Officials, [ LINK ]

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