Minister of Justice outlines significant adjustments to Kuwait's Criminal Code
Rewritten Article:
Minister of Justice Counselor Nasser Al-Sumait revealed that the Council of Ministers has approved a draft decree-law to revise certain provisions of the Penal Code (Law No. 16 of 1960) after a gap of six decades. In a conversation with Kuwait News Agency (KUNA), Al-Sumait explained that the amendments aim to address practical challenges and legal loopholes that have emerged over the years.
According to Al Arabic daily Al-Anba, the changes aim to strengthen penal policy, safeguard public rights, and increase deterrence. Al-Sumait pointed out that the Penal Code's provisions on manslaughter and unintentional injury have remained unchanged since 1960, despite a multitude of new forms of reckless behavior, particularly those associated with the use of alcohol, drugs, or failure to provide assistance.
The draft decree-law amending the Penal Code includes updates to Article 44, Paragraph One. Unintentional error is now defined to include behavior marked by recklessness, negligence, carelessness, inattention, or a failure to observe laws and regulations. Other articles such as 154 and 164 have been revised to address unintentional killing and causing injury, with penalties ranging from imprisonment and fines.
Notable new provisions include Articles 154 bis and 164 bis, which may apply enhanced penalties for aggravated negligence or specific professional contexts. The Public Prosecution has also been given jurisdiction to investigate and prosecute these offenses.
In addition, the amendments address the issue of debt evasion. Any debtor who avoids payment by hiding or transferring their funds may face up to three years in prison and a fine of up to five thousand dinars. If someone knowingly receives or holds borrowed funds to prevent the debtor from paying, they will face the same punishment unless they are under the debtor's guardianship or trusteeship.
Overall, the revised Penal Code aims to modernize liability standards regarding unintentional harm in Kuwait by explicitly including behavior involving recklessness, negligence, or failures to comply with laws and regulations under the definition of unintentional error. The updated provisions, though broad, offer increased protections against negligent or reckless actions leading to death or injury.
- The policy-and-legislation amendments to the Penal Code, approved by the Council of Ministers, aim to reconcile the legal loopholes and practical challenges that have surfaced over six decades, as stated by Minister of Justice Counselor Nasser Al-Sumait.
- The revised Penal Code in Kuwait, including updates to Articles 44, 154, and 164, intends to strengthen penal policy and safeguard public rights, as reported by Al Arabic daily Al-Anba.
- The newly added Articles 154 bis and 164 bis to the Penal Code may impose enhanced penalties for aggravated negligence or specific professional contexts, extending the Public Prosecution's jurisdiction to investigate and prosecute these offenses.
- The general-news updates to the Penal Code also address debt evasion, penalizing debtors who avoid payment by hiding or transferring their funds with up to three years in prison and a fine of up to five thousand dinars.
