KUWAIT CITY, Aug 3: A new decree-law amending certain provisions of Penal Code No. 16/1960 was published in the Official Gazette on Sunday. The amendment imposes stricter penalties for public employees who fail to enforce judicial rulings. It states that Article 58bis of Law No. 31/1970 has been replaced with the following provision: “Any competent public employee -- who intentionally fails to implement an enforceable judicial ruling within 90 days of being notified by a public representative through traditional methods or modern electronic communication following the Civil and Commercial Procedures Law -- shall face imprisonment of up to two years and a fine ranging from KD3,000 to KD20,000 or either penalty. If the employee uses his official authority to obstruct the enforcement of the ruling, the penalty shall be imprisonment for up to one year and a fine between KD2,000 and KD10,000 or either penalty.”

The amendment gives the court the power to order the dismissal of any public employee found guilty of the violation. According to the decree-law, only the Public Prosecution has the authority to investigate, adjudicate and prosecute in such cases. However, the criminal case may be dropped at any stage if the employee complies with the judicial ruling. The accompanying explanatory memorandum stressed that enforcing judicial decisions is a cornerstone of justice and the rule of law. It warned that non-compliance by public employees undermines judicial autonomy and violates the constitutional principle of separation of powers enshrined in Article 50 of the Constitution.

The memorandum also contrasts the new provisions with the previous version of the law, which imposed lighter penalties. Under the earlier article, an employee who failed to comply after 30 days of being warned faced imprisonment and potential dismissal; while misuse of official authority to obstruct a ruling carried a maximum prison term of six months and a fine of KD1,000 to KD3,000. It clarified that experience has proven that the previous penalties were insufficient to ensure enforcement of rulings. The new amendment aims to strengthen deterrence by imposing heavier financial sanctions and clearer consequences for non-compliance.

By Jaber Al-Humoud
Al-Seyassah/Arab Times Staff