Tightened legislation targets manslaughter cases and false debt assertions

Revised Article:

Kuwait's Minister of Justice, Nasser Al-Sumait, confirmed that the Cabinet has approved a draft decree-law to beef up penalties for manslaughter and accidental injury. The aim is to stamp out such violations, safeguard public rights, and align with international standards.

Al-Sumait highlighted that the amendments tackle legal loopholes identified through years of practice, with the Penal Code last undergoing significant updates in this sphere since 1960. Meanwhile, incidents of negligence, particularly those linked to drunkenness or negligence to assist, have surged and led to severe injuries or fatalities, according to Al-Qabas daily.

Statistics painting a grim picture: over 70,000 traffic accidents and 10,000 permanent disabilities — underscore the stark need for tougher penalties. The minister expressed dissatisfaction with the current legal setup, pointing out cases such as the bus crash that claimed 22 lives, where only a three-year sentence was handed out.

Under the new provisions, unintentional offenses now encompass actions disregarding the safety of others that a prudent person would avoid.

In other major strides, the minister announced the outlawing of malicious manipulation of debtors' financial status to inflict harm on creditors. He disclosed that numerous fraudulent debt declarations had been issued by the Ministry of Justice. A new guideline now nixes such deceitful declarations unless supported by concrete evidence.

"The priority lies in protecting citizens' rights and maintaining global standards," Al-Sumait declared.

Key Highlights of the Amendments:

Reshaping Offense Classifications: Article 44, Clause 1 now defines "unintentional error" as behavior exceeding what a rational individual would do, incorporating recklessness, negligence, carelessness, inattention, and disregard of laws and regulations.
Revised Sentencing: Article 154 now punishes unintentional causing of death by recklessness, negligence, or failure to observe laws or professional duties with imprisonment of up to three years and a fine of KD 500 to KD 1,000. Similarly, Article 164 penalizes unintentional injury or harm due to recklessness or negligence with imprisonment of up to one year and a fine of KD 250 to KD 500.
New Articles for Tougher Regulations: Articles 154 bis and 164 bis have been added to further regulate these offenses, although the specific provisions of these new articles are yet to be fully disclosed.
Anti-Fraud Measures: The amendments also deal with fraudulent acts pertaining to debt, imposing heavier penalties to deter such activities.
Expanding the Public Prosecution's Jurisdiction: Article 286 empowers the Public Prosecution to investigate and prosecute these crimes.

These changes represent the first substantial modification to the Penal Code's handling of manslaughter and unintentional injury since 1960 — manifesting a modernization response to evolving legal and societal needs in Kuwait[2][3][1]. Essentially, the amendments clarify legal concepts surrounding unintentional acts causing death or injury and escalate penalties for such offenses and for debt-related fraud, bolstering Kuwait's legal framework for handling these crimes.

The Minister of Justice, Nasser Al-Sumait, stated that the updated policy-and-legislation regarding penalties for manslaughter and accidental injury aims to address the inadequacy of the current legal setup, as demonstrated by cases like the bus crash that resulted in a three-year sentence.
In addition to strengthening penalties, the new directive also extends the Public Prosecution's jurisdiction, empowering them to investigate and prosecute crimes related to manslaughter, unintentional injury, and debt-related fraud.
The amendments to the Penal Code, including the addition of new articles like 154 bis and 164 bis, reshape offense classifications by defining "unintentional error" as behavior exceeding what a rational individual would do, incorporating recklessness, negligence, carelessness, inattention, and disregard of laws and regulations.
In the realm of crime-and-justice, the amendments also tackle the issue of malicious manipulation of debtors' financial status to inflict harm on creditors, with new provisions outlawing such deceitful declarations unless supported by concrete evidence.