Latest news with #CodeofCriminalProcedureandTrials
Arab Times
5 days ago
- Politics
- Arab Times
Landmark Ruling: Acquittal Must Be Followed by Complete Digital Erasure
KUWAIT CITY, July 16: The Court of Appeals overturned the decision of the ministries of Interior and Justice to refrain from deleting the data of a citizen acquitted of indecent assault from their automated systems despite the issuance of a final ruling on the acquittal of the accused and the restoration of his reputation. The court affirmed that the failure of the administrative authorities to take the necessary technical and legal measures to erase the case data is a negative decision that violates the law and causes material and moral harm to citizens, threatens their reputation, and disrupts their daily transactions. The court pointed out that judicial intervention is necessary to remove it. The case dates back to 2019, when the citizen was referred for trial on indecent assault charges. The court issued a final acquittal in 2020. The verdict was upheld on appeal and not appealed before the Court of Cassation, giving it final status. Despite this, the case data remained visible in the electronic systems of the ministries of Interior and Justice, prompting the citizen to submit a request for restoration of his reputation in 2024. This request was later rejected, so he filed a lawsuit, which was rejected as well. He then appealed the ruling before the Court of Appeals, which ruled in his favor. The Court of Appeals explained that keeping the case data in the systems of the two ministries despite the acquittal of the accused is an unlawful failure to take a necessary decision, under Article 244 of the Code of Criminal Procedure and Trials, stipulating that rehabilitation nullifies the conviction and all its effects, including the complete blocking of data from non-competent authorities. The court responded to the administrative authorities' arguments that the data was kept confidential within the systems, deeming this confidentiality 'formal' if the information was accessible to unauthorized employees and impacted the citizen's daily rights, even though the case did not appear in the criminal record. The court accepted the appeal in form and in substance, overturned the initial ruling, and rescinded the negative decision and all its consequences. It also ordered the ministries of Interior and Justice to delete the case data from their systems and to bear legal expenses, including attorneys' fees. The defense in the case was undertaken by Attorney Fahd Al-Shammari, who explained that the ruling is a victory for the proper application of the law. He asserted in a press statement that the ruling restores the dignity of his client and establishes the principle that acquittal must be followed by the erasure of effects, which could hinder a person's life, especially in daily dealings. Al-Shammari added that the court established an important legal rule, which balances the requirements of security and the rights of individuals to regain their legal and social status. 'We welcome this ruling, which does justice to the citizen and grants him the right to open a new page, free of legal restrictions. It is an actual application of the philosophy of restoring dignity as intended by the Kuwaiti legislator,' he concluded.
Arab Times
26-04-2025
- Politics
- Arab Times
Kuwait advances legislative reforms to strengthen justice and transparency
KUWAIT CITY, April 26: Kuwait is making consistent strides in reinforcing the rule of law and promoting principles of justice and transparency through a series of legislative reforms. These efforts are part of a comprehensive strategic vision that aims to uphold integrity and ensure a fair and transparent legal environment that addresses contemporary challenges and meets the aspirations of its citizens. Recently, the Council of Ministers approved a set of laws that modernize the country's legal framework. These reforms mark a qualitative enhancement in Kuwait's judicial system, offering stronger protection of public funds, bolstering anti-corruption efforts, aligning with rapid technological developments, and broadening the scope of digital judicial services. As part of these reforms, the Council of Ministers approved a draft decree-law to amend specific provisions of the Penal Code, originally enacted under Law No. 16 of 1960. The goal is to strengthen public rights, increase deterrence, and close legal loopholes revealed through practical application. The amendments target the decline in public caution that has led to injuries and fatalities. They increase the fines for manslaughter and unintentional injuries and introduce two new articles that enhance penalties when certain aggravating circumstances are present. Additionally, the amendments introduce a new provision to protect the financial system from debtors who falsely claim insolvency. It criminalizes the transfer of assets by debtors to third parties who are aware of their debts, thereby preventing intentional evasion of debt repayment. The government also proposed amendments to the Code of Criminal Procedure and Trials. These revisions provide practical solutions to existing challenges in the justice process. A notable change includes the electronic notification of in-absentia judgments under Article 188, alongside traditional methods. This aims to expedite judgment delivery and ensure convicts are properly informed. It also helps reduce litigation delays and limits instances where verdicts expire due to the inability to locate the convict using traditional means. Moreover, Article 230 was amended to facilitate the collection of criminal fines. The Public Prosecution is now authorized to collect fines directly from the convict or deduct up to 25% of their salary. It also allows for installment payments over a period of up to five years, taking into account humanitarian and financial circumstances. These changes aim to safeguard public funds, ensure enforcement of court judgments, and prevent convicts from evading justice, while maintaining a fair balance between the rights of individuals and the interests of society. In response to practical observations where solvent debtors avoided repayment through legal loopholes, the Council of Ministers approved a draft law amending Article 5 of Law No. 71 of 2020 on Bankruptcy. This amendment reinstates the possibility of arrest and detention for debtors who deliberately evade their financial obligations. It also grants the General Administration of Enforcement enhanced authority to act against defaulting debtors by enabling it to request full financial disclosures, including real estate, movable assets, bank accounts, and details of asset transfers. Another key development includes a draft decree-law amending certain provisions of the Civil and Commercial Procedures Law (Decree No. 38 of 1980). This amendment permits the Enforcement Department to notify the Credit Information Company of any non-payment, which will then be reflected in the debtor's credit record, offering legal entities a clearer view of the individual's financial credibility. In tandem with these efforts, Kuwait also reinforced the mandate of the Public Authority for Combating Corruption (Nazaha) through a draft decree-law amending Law No. 2 of 2016. The amendments broaden the definition of corruption to include embezzlement of cooperative societies' funds, thereby protecting shareholders and increasing oversight of these entities. Furthermore, the changes mandate that dismissals of corruption reports be justified, and they allow financial disclosures to be submitted electronically — particularly helpful for diplomatic and consular staff abroad. These updates also include procedural safeguards to protect Nazaha's employees. Decree-Law No. 94 of 2024 further amends Decree-Law No. 20 of 1981 by defining the quorum for the Court of Cassation in administrative matters. This ensures the court focuses on significant issues, thus enhancing its role in unifying legal principles and ensuring proper application of the law. To support equality in criminal, civil, and commercial cases, Decree-Law No. 104 of 2024 amends the Code of Criminal Procedure and Trials by extending the appeal period to 30 days. This change accommodates the real-world delays litigants often face in obtaining copies of judgments. It also introduces a new article (22 bis) allowing summons in criminal cases to be served through modern communication methods, as permitted under the Civil and Commercial Procedures Law. In another important development, Minister of Justice Counselor Nasser Al-Sumait issued Resolution No. 194 of 2025 to regulate payment procedures for all official documents, contracts, debt statements, and mortgages issued by the Ministry of Justice. Under this regulation, payment must be proven through bank transfers or certified checks. This measure is part of broader efforts to combat money laundering, eliminate fraudulent debt claims, and close legal loopholes that have enabled illegal real estate transactions. It is expected to enhance transparency in the real estate market, protect buyers and sellers from fraud, and strengthen financial oversight. Furthering Kuwait's vision for reform, a new decision — issued by Acting Prime Minister Sheikh Fahad Yousef Saud Al-Sabah following directives from the Amiri Diwan — reduces life imprisonment sentences to 20 years. The move aims to balance punishment with the principles of justice, giving inmates a chance to reintegrate into society after serving their sentence. In February, Kuwait also inaugurated the new Palace of Justice, marking a significant cultural and infrastructural milestone. This modern facility integrates digital technologies across all litigation processes, creating an ideal judicial environment. In alignment with royal directives, the Ministry of Justice has set strategic goals to enhance the justice system. These include reviewing existing laws, simplifying litigation procedures, reducing case resolution times, and expanding digital judicial services to ensure efficient and accessible justice for all. The Ministry is also working on legislative changes to transform the judicial system into a fully electronic one, aiming to reduce case backlogs, speed up court procedures, and improve access to legal services for all citizens.
