Kuwait’s Minister of Justice, Nasser Al-Sumait

The draft decree-law includes amendments to certain provisions of the Penal Code.

Article One of the draft states: “The provisions of Articles 44 (Clause 1), 154, and 164 of the aforementioned Penal Code shall be replaced with the following:

Article 44, Clause 1: An unintentional error shall be deemed to exist if the perpetrator, at the time of the act, behaves in a manner inconsistent with what a normal person would do under normal circumstances. This includes behavior marked by recklessness, negligence, carelessness, inattention, or failure to comply with laws and regulations.

Article 154: Anyone who unintentionally causes the death of another person due to recklessness, negligence, carelessness, inattention, failure to observe laws and regulations, or failure to meet the obligations of their job, profession, or trade shall be subject to imprisonment for up to three years and/or a fine ranging from KD 500 to KD 1,000.

Article 164: Whoever unintentionally causes injury or tangible harm to another person due to recklessness, negligence, lack of concern, inattention, or failure to comply with laws and regulations, or the requirements of their job, profession, or trade, shall be punishable by up to one year of imprisonment and/or a fine ranging from KD 250 to KD 500. Minister Al-Sumait further explained that Article 2 of the draft decree-law amending certain provisions of Penal Code No. 16/1960 includes the addition of two new articles, numbered “154 bis” and “164 bis”, with the following provisions:

Article 154 bis: The offense described in the previous article shall be punishable by up to five years of imprisonment and/or a fine ranging from KD 1,000 to KD 2,000, or by either of these penalties, if the crime is associated with one of the following circumstances:

1. The perpetrator uses an intoxicating, narcotic, or psychotropic substance, or any other substance that impairs the person’s natural abilities.

2. The perpetrator’s act results in the death of two or more persons.

3. The perpetrator refrains from assisting the victim at the time of committing the act, despite being capable of providing help. If two or more of the circumstances listed in the previous paragraph are present, the penalty shall be 10 years of imprisonment and/or a fine of up to KD 10,000

Article 164 bis: The injury mentioned in the previous article shall be punishable by imprisonment for a period not exceeding two years and/or a fine ranging from KD 500 to KD 1,000, if it is accompanied by one of the following circumstances:

1. The perpetrator uses an intoxicating, narcotic, or psychotropic substance, or any other substance that affects a person’s natural abilities.

2. The perpetrator’s act results in injury to two or more persons.

3. The perpetrator’s act results in permanent disability for the victim.

4. The perpetrator fails or neglects to assist the victim at the time of committing the act, even though he is capable of providing assistance. The penalty shall be imprisonment for a period not exceeding three years and/or a fine ranging from KD 1,000 to KD 2,000, if two or more of the factors stipulated in the previous paragraph are combined.

Article 3 of the draft decree-law that amends certain provisions of the Penal Code promulgated by Law No. 16/1960 stipulates the following: A new clause (No. 8) titled “Debtor’s Evasion of Payment,” is added to Chapter Three (Crimes Against Property) of Book Three (Crimes Against Individuals) of the aforementioned Penal Code. This new clause includes new articles numbered 283, 284, 285, and 286, with the following provisions:

1. The debtor conceals, smuggles, transfers, or disposes of his assets, whether by traditional or electronic means, with the intent to avoid paying his debts established by an enforceable instrument.

2. The debtor acknowledges debts that are not due from him, or reduces his assets or rights due from third parties, with the intent to avoid paying his debts established by an enforceable instrument. The criminal case shall lapse in its original state if the accused pays the debt, reaches a settlement with the creditor, or the creditor pardons him. If the payment, settlement, or pardon occurs after a final judgment convicting the debtor has been issued, the court that issued the judgment may order the suspension of the sentence upon the request of the convicted person. -

Article 284: The same penalty stipulated in the previous article shall apply to anyone who receives, possesses, or acquires funds from a debtor, either through traditional or electronic means, while being aware of the debt established by an enforceable instrument, and with the intent of enabling the debtor to evade repayment. This provision does not apply to individuals under the debtor’s guardianship or trusteeship. The criminal case shall lapse in its original state if the debtor surrenders the funds to the enforcement department or a relevant investigative authority in preparation for debt recovery, under the rules governing creditor disputes. If the funds are surrendered after a final judgment convicting the debtor has been issued, the court that issued the judgment may order a stay of execution of the sentence upon the convicted person’s request. The effects of debt payment, settlement, or pardon, stipulated in the previous article, shall also extend to any individual who received, possessed, or was transferred the debtor’s funds.

Article 285: Any debtor who disposes of their assets or rights at a value significantly lower than the market or fair value, with the intent to evade the payment of debts established by an enforceable instrument, shall be punished by imprisonment for a period not exceeding two years and/or a fine not exceeding KD 3,000. The effects of debt repayment, settlement, or pardon as stipulated in Article 283 shall also apply to the accused under this article.

Article 286: The Public Prosecution shall have jurisdiction to investigate, take action on, and prosecute the crimes referred to in this clause.