Right to access lawyer at questionings in MPs bill
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KUWAIT CITY, Jan 5: MPs Ahmed Lari, Faisal Al-Kandari, Khalil Abul, Abdullah Fehad and Hamad Al-Matar submitted a bill on amending Penal Code No. 17/1960; stipulating that both the plaintiff and defendant have the right to attend investigations with their lawyers.
It allows the defendant to meet with his lawyer before the investigation without the security authorities. With the permission of the investigator, the lawyer can explain the questions to the defendant or plaintiff. In case the investigator rejects the request of the lawyer, this must be recorded in the minutes of the investigation. If the defendant refuses to answer the questions without his lawyer, the latter is allowed to be present during the investigation. If the lawyer is absent, the investigation will be postponed for a maximum of 24 hours so the lawyer can attend. The minutes of the investigation must be read to the defendant before he signs the document. In case he does not sign the minutes, it should be mentioned in the report.
The bill also stipulates adding a clause to Article 48 stating the defendant must be informed about his charges upon his arrest. The defendant has the right to call whoever he wants to inform about the arrest and he has the right to hire a lawyer.
MP Khalil Al-Saleh has submitted a proposal to exempt the children of Kuwaiti women married to non-Kuwaitis from Resolution No. 11/2017 on nationalizing public sector jobs. He pointed out that priority should be given to this category — after Kuwaitis — in the recruitment process in public institutions. MP Alia Al-Khalid has proposed that the Public Authority for Agricultural Affairs and Fish Resources (PAAAFR) should allot land measuring 50 to 100 square meters for the establishment of vertical farms in Abdally. She said many advanced countries have adopted this modern farming system to increase the quantity of local produce in order to meet the needs of the local market with the possibility of importing the products.
MP Alia Al-Khalid asked Minister of Commerce and Industry and State Minister for Communications and Information Technology Affairs Mazen Al-Nahed if a special budget has been allocated for the insurance organizing unit and its employees, if the unit made profits and budgetary surplus for the public treasury, regulations followed in monitoring insurance companies, if the unit is coordinating with the monitoring institutions, if there have been complaints filed against the unit since its establishment till date, and tasks of the unit.
In another development, MP Khalid Al-Tammar urged the government to prioritize the public’s demands, while stressing that the lawmakers will not allow the government to interfere in legislative affairs. He cited Article 50 of the Constitution: “The system of government is based on the principle of separation of powers functioning in cooperation with each other in accordance with the provisions of the Constitution. None of these powers may relinquish all or part of its competence specified in this Constitution.” He pointed out that in the beginning, the MPs and citizens were optimistic about the current government, but they later noticed that the executive authority has been interfering in legislative affairs. He affirmed support for the public’s demands by ratifying laws aimed at easing the burdens of citizens in the midst of the rising cost of living. He also wondered about the achievements of the government since its formation; indicating the basic services continue to deteriorate as manifested in the unpaved roads, poor quality of education, shortage of medicines and worsening housing problems. By Saeed Mahmoud Saleh Arab Times Staff
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