Kuwait Moves to Modernize Penal Code with New Draft Law
KUWAIT CITY, April 22: Kuwait's Minister of Justice, Nasser Al-Sumait, announced that the Cabinet has approved a draft decree-law to amend several provisions of the Penal Code (Law No. 16 of 1960), aiming to address gaps in the existing legislation revealed through practical enforcement. In a statement to KUNA following the weekly Cabinet meeting, Al-Sumait explained that the revisions are intended to modernize the law, particularly in areas concerning manslaughter and unintentional injury—sections that have seen little change since 1960 despite evolving patterns of negligence and recklessness, including cases involving intoxication or failure to offer aid.
Key Amendments to the Penal Code
The draft law proposes revisions to Articles 44 (first paragraph), 154, and 164, redefining unintentional error and updating the penalties for manslaughter and bodily harm caused by negligence.
* Article 44 (first paragraph) redefines unintentional error as conduct that a reasonable person would avoid, characterized by recklessness, negligence, or disregard for regulations.
* Article 154 sets the penalty for unintentional killing at up to three years in prison and a fine ranging between 500 and 1,000 Kuwaiti dinars.
* Article 164 imposes penalties of up to one year in prison and fines between 250 and 500 dinars for unintentionally causing injury.
Newly Introduced Provisions
Two additional articles—154 bis and 164 bis—introduce stricter penalties when aggravating circumstances are present.
* Article 154 bis raises the penalty for manslaughter to up to five years in prison and a fine of up to 2,000 dinars when the act involves substance use, results in multiple deaths, or includes failure to aid the victim. If multiple factors are combined, the punishment may increase to 10 years in prison and a fine of up to 10,000 dinars.
* Article 164 bis applies similar enhancements for causing injury, with penalties of up to two years in prison and a 1,000-dinar fine. If the injury involves multiple victims, permanent disability, or other aggravating factors, the sentence may rise to three years in prison and a fine of up to 2,000 dinars.
New Provisions Targeting Debtor Fraud
A new clause (Clause 8) has also been added to Chapter Three of Book Three (Crimes Against Property), titled 'Debtor's Evasion of Payment,' introducing Articles 283 to 286. These provisions criminalize fraudulent behavior by debtors attempting to avoid repayment:
* Article 283 penalizes debtors who conceal, transfer, or manipulate their assets—digitally or otherwise—to evade debts recognized by an executive instrument, with up to three years in prison or a 5,000-dinar fine. The case may be dropped if the debt is paid or settled, even post-judgment.
* Article 284 targets third parties who knowingly receive or help conceal debtor assets, imposing the same penalties as Article 283, with similar provisions for dropping charges upon repayment or asset recovery.
* Article 285 criminalizes selling or disposing of assets below market value to avoid paying debts, punishable by up to two years in prison and a 3,000-dinar fine.
* Article 286 assigns the Public Prosecution jurisdiction over investigation and legal proceedings related to these offenses.
Minister Al-Sumait emphasized that these amendments reflect a necessary legislative evolution to better address modern legal challenges, particularly those arising from substance abuse, digital financial manipulation, and negligence-related harm.
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