Latest news with #LawNo.16of1960
Arab Times
25-05-2025
- Politics
- Arab Times
End of legal shield for kidnappers, infanticide in Kuwait's penal code
KUWAIT CITY, May 25: Decree- Law No. 70/2025 repealing Articles 159 and 182 of the Penal Code (Law No. 16 of 1960) was published in the Official Gazette (Kuwait Al-Youm) on Sunday. In the explanatory memorandum of the decree-law, the Ministry of Justice -- headed by Justice Minister Nasser Al-Sumait -- stated that the decision to repeal the abovementioned articles is based on the constitutional principles safeguarding motherhood and childhood, as well as the commitment of Kuwait to the international agreements on the protection of children's rights. The ministry pointed out that the provisions of Article 159, which grant a mitigating legal excuse to a mother who kills her newborn to avoid shame, are incompatible with the values enshrined in the Constitution and the international conventions. It clarified that Article 159 contradicts Articles 9 and 10 of the Constitution. Article Nine affirms that the family is the foundation of society, and it should be protected based on religion, morality, and love of the homeland; while Article 10 obligates the State to care for the young, protect them from exploitation, and shield them from all forms of neglect. It added that the right to life is the foundation upon which all other rights are built,t and this principle is strongly affirmed in the Islamic Sharia. It cited Surat At-Takwir (verses 8-9): 'And when the female infant is buried alive is asked, for what sin was she killed?' as well as Surat Al-Isra (verse 31): 'And do not kill your children for fear of poverty. We provide for you and them.' It also referenced Kuwait's international obligations, including the Convention on the Rights of the Child (1989), ratified under Law No. 104/1991, in which Article Six stipulates: 'States or parties recognize that every child has the inherent right to life ... and shall ensure to the maximum extent possible the survival and development of the child.' The Arab Charter on the Rights of the Child (1983), ratified by Law No. 36/1993, was also cited for its emphasis on maximum legal protection for children against violence and neglect. The ministry argued that continuing to apply Article 159 constitutes an unjustified legal exception, which contradicts constitutional principles and international obligations by effectively minimizing the gravity of crimes against the life of a child. On repealing Article 182, the ministry stressed that this is also based on constitutional principles, which guarantee justice, equality, and the protection of individual rights and freedoms. It pointed out that this article allows the kidnapper of a woman to evade punishment by marrying the victim with the consent of her guardian. According to the ministry, this provision contradicts Article 29 of the Constitution, which states that all people are equal in human dignity and before the law, without discrimination based on gender, origin, language, or religion. 'By permitting a perpetrator to escape accountability through marriage, Article 182 introduced unjustified legal discrimination and violated the victim's rights. It also perpetuated a culture of impunity and failed to meet Kuwait's obligations under international conventions on combating violence against women,' the ministry elaborated. It asserted that repealing this article is essential to align national legislation with constitutional values, international standards, and the principles of criminal justice. Following the issuance of the Amiri Decree on Oct 5, 2024, stipulating that laws shall be issued through decree-laws; Decree-Law No. 70/2025 was drafted. - Article One of the decree repeals Articles 159 and 182 of the Penal Code (Law No. 16/1960). - Article Two obligates the concerned ministers to implement the law, which takes effect from the date of its publication in the Official Gazette. For reference, the following are the repealed articles: Article 159: 'Any woman who intentionally kills her newborn immediately after birth to avoid shame shall be punished by imprisonment for a period not exceeding five years and a fine not exceeding 5,000 rupees or by one of these two penalties.' Article 182: 'If a kidnapper marries the woman he kidnapped in a legal marriage with the permission of her guardian, and the guardian requests that the kidnapper not be punished, he shall not be subjected to any punishment.'
Arab Times
22-04-2025
- Arab Times
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.
