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Kuwait implements new law for conditional release of prisoners

Kuwait implements new law for conditional release of prisoners

Arab Times04-05-2025

KUWAIT CITY, May 4: The official publication 'Kuwait Today' (Kuwait Al-Youm) has released Decree-Law No. (64) of 2025, which amends Article (91) of the Penal Code, originally issued by Law No. 16 of 1960. The new law introduces a restructured process for the conditional release of prisoners.
Under the updated law, the length of the prison sentence and the type of case are no longer factors in determining eligibility for conditional release. A committee, formed by the Minister of Interior, will review cases and submit recommendations. Following the committee's advice, the Minister of Interior will request the Public Prosecutor to grant the convict's release, regardless of the sentence's duration.
Additionally, the law provides the Minister of Interior with the authority to request the cancellation of a conditional release decision, based on the committee's recommendation. If such a request is made, the Public Prosecutor can order the convict to be returned to prison.
Article 1 of the decree-law replaces the existing text of Article (91) with a new provision, which states: "The Public Prosecutor shall be competent to issue a release order based on a request from the Minister of Interior, or his representative, after a recommendation from a committee formed by the Minister of Interior. The committee, which includes representatives from both the Public Prosecution and the Ministry of Interior, will assess the convict's behavior during incarceration to determine whether their release poses a security risk or indicates genuine reform. The release may be revoked by the Public Prosecutor upon a request from the Minister of Interior, following the committee's recommendation."
Article 2 outlines that the relevant ministers are tasked with implementing this decree-law, which will take effect upon its publication in the Official Gazette.
The new law aims to provide a more flexible and proactive approach to conditional release, ensuring that prisoners are only granted release when it is deemed safe and appropriate, while maintaining a rigorous review process to ensure public safety.

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