Legal hammer drops on manslaughter, debt fraud

Arab Times

11-05-2025

KUWAIT CITY, May 11: A significant overhaul of Kuwait's Penal Code has been officially enacted through Decree-Law No. 65 of 2025, published in the Kuwait Alyomr. The amendments, which introduce new articles and revise existing ones, were approved by the Council of Ministers on April 22, signaling a comprehensive legislative effort to enhance justice, public safety, and economic integrity.
The accompanying explanatory memorandum underscores the pivotal role of criminal penalties in maintaining the rule of law. 'Punishment is essential for law to function as more than moral guidance,' the memorandum states. It affirms that penalties must be sufficiently deterrent to dissuade individuals from wrongdoing and to ensure justice is served when violations occur.
Strengthening Laws on Manslaughter and Accidental Injury
The first major area of reform concerns crimes of manslaughter and unintentional injury. Notably, these provisions had remained unchanged since the Penal Code's inception in 1960. Recognizing the changing societal landscape and an increase in negligence-related incidents, lawmakers opted to modernize the law to better address contemporary realities.
Key amendments include an increase in the maximum fines stipulated in Articles 154 and 164, as well as the explicit inclusion of legal violations as a form of criminal negligence. To avoid legal ambiguity, Article 44 was also amended to reinforce this interpretation.
Two new articles—154 bis and 164 bis—introduce aggravating circumstances that can lead to enhanced penalties for manslaughter or accidental injury. These circumstances are categorized into three groups:
Seriousness of the Offender's Error: This includes cases where the offender was under the influence of intoxicants or psychotropic substances during the incident, thereby impairing judgment. It also covers scenarios where the offender willfully failed to assist the victim after the incident, an act deemed a second, compounding fault.n
Severity of the Outcome: Penalties are intensified if the crime results in multiple fatalities, injuries to two or more individuals, or causes permanent disability.n
Combination of Circumstances: If multiple aggravating factors from the above categories are present, the law permits harsher sentencing to reflect the compounded gravity of the offense.n
Crackdown on Debtors Who Evade Payment
In a separate but equally critical reform, the decree introduces new legal provisions targeting fraudulent debt evasion. A new section under Chapter Three of the Penal Code—Articles 283 to 286—specifically criminalizes deliberate attempts by debtors to misrepresent their financial standing to escape legal repayment obligations.
These articles aim to protect Kuwait's financial system from individuals who falsely claim insolvency or manipulate assets to avoid settling legally enforceable debts. Key points of the reform include:
Asset Manipulation: Debtors who sell or transfer assets at prices far below market value with the intent of avoiding debt repayment may now face criminal charges.n
Third-Party Involvement: Individuals who knowingly accept such assets—including spouses and family members—may also be held liable, unless they fall under legal exceptions such as guardianship or trusteeship.n
Legal Protections and Prosecution: The law mandates the Public Prosecution to investigate and pursue these cases, while also laying out protocols for debt settlement, reconciliation, and creditor pardons.n
A Measured Step Forward
This legislative package, the government says, is designed to uphold the dual principles of justice and social stability. It sends a clear message that neither reckless behavior that endangers lives nor financial deceit will be tolerated.
The law is also mindful of individual rights, seeking to balance societal protection with personal freedoms. It ensures that due process is followed, while clarifying legal responsibilities and closing loopholes that have previously hindered enforcement.
Following Article 178 of the Constitution, the new amendments will come into effect one month after their official publication. Authorities have begun public awareness campaigns to educate citizens and residents about the changes, ensuring that both legal professionals and the public are prepared for the implementation of these critical reforms.