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KUWAIT CITY, Sept 7: The death of the former director of the Public Institution of Social Security Fahad Al-Rajaan in London on Tuesday has raised questions about the fate of the pending cases against him related to public money, reports Al-Rai daily. According to informed sources, the penal cases will be dropped, but the civil lawsuits will continue to be pursued with his heirs, although the matter may be delayed due to the administrative procedures related to the heirs.
They highlighted a previous ruling of the Court of Cassation that, “The criminal litigation stands by the force of the law at the moment of death due to lack of the availability of the accused”. The sources also highlighted article 22 of law No. 1/1993 regarding the protection of public funds, which states that, “the expiry of the criminal case for any reason does not preclude the right of the aggrieved party to demand the refund of the funds, the subject of the crimes stipulated in this law, and compensation if necessary”.
Dr. Faisal Al-Haidar, a specialist in administrative and financial law, said, “The financial right of the state towards a citizen does not get canceled with the death of that citizen, as it can continue to claim this right through a new lawsuit that addresses the heirs of the deceased, after verifying their names, addresses and the relationship to the deceased against whom judicial rulings were issued”. In a press statement, Dr. Al-Haidar indicated that the Fatwa and Legislation Department can appeal the claim to recover these funds owed to the state