ARABIAN TIMES NEWS NETWORK
The amendments tackle practical challenges and legal gaps discovered during implementation, aiming to strengthen penal policy, protect public rights, and improve deterrence. Minister of Justice Counselor Nasser Al-Sumait said the Penal Code has not been amended since 1960 regarding manslaughter and unintentional injury, despite emerging forms of negligence, such as those involving alcohol, drugs, or failure to assist, that cause serious harm or death.
• Anyone who knowingly receives or holds a debtor’s funds to help them evade payment of an enforceable debt faces the same penalty as the debtor, unless under the debtor’s guardianship or trusteeship.
• Anyone who unintentionally causes harm through negligence, recklessness, or failure to follow laws or professional standards may face up to one year in prison, a fine of 250–500 dinars, or both.
Minister of Justice Counselor Nasser Al-Sumait recently announced that the Council of Ministers has approved a draft decree-law amending certain provisions of the Penal Code (Law No. 16 of 1960). Speaking to the Kuwait News Agency (KUNA) after the weekly cabinet meeting, Al-Sumait explained that the amendments address practical challenges and legal gaps identified during implementation. According to Al Arabic daily Al-Anba, the changes aim to strengthen penal policy, safeguard public rights, and enhance deterrence.
He explained that “the Penal Code has not undergone any substantive amendments to the provisions on manslaughter and unintentional injury since its enactment in 1960, despite the many emerging forms of negligence and recklessness that have led to serious loss of life or physical harm particularly when such acts are committed under the influence of alcohol or drugs, or involve failure to provide assistance.”
He stated that the draft decree-law amending certain provisions of the Penal Code (Law No. 16 of 1960) stipulates in its first article that “the texts of Articles 44 (Paragraph One), 154, and 164 of the aforementioned Penal Code shall be replaced by the following:
Article 44, Paragraph One: Unintentional error is deemed to exist if the perpetrator, at the time of the act, behaves in a way that a reasonable person would not under similar circumstances, such that the act is marked by recklessness, negligence, carelessness, inattention, or failure to observe laws and regulations.
Article 154: Whoever unintentionally kills another person—whether due to recklessness, negligence, carelessness, inattention, failure to observe laws and regulations, or non-compliance with the standards of their profession, job, or trade—shall be punished with imprisonment for a period not exceeding three years and a fine ranging from 500 to 1,000 dinars, or with one of these two penalties.
Article 164: Whoever unintentionally causes injury or noticeable harm to another—whether due to recklessness, negligence, carelessness, inattention, failure to observe laws and regulations, or non-compliance with professional standards—shall be punished with imprisonment for a period not exceeding one year and a fine ranging from 250 to 500 dinars, or with one of these two penalties.
Minister Al-Sumait added that Article Two of the draft decree-law stipulates the following: “Two new articles shall be added to the aforementioned Penal Code, numbered 154 bis and 164 bis, with the following text:”
Article 154: “The murder referred to in the previous article shall be punishable by imprisonment for a period not exceeding five years and a fine not exceeding two thousand dinars and not less than one thousand dinars, or by one of these two penalties, if the murder is accompanied by any of the following circumstances:
- The offender uses an intoxicant, narcotic, psychotropic substance, or any other substance that affects a person’s natural faculties. The perpetrator’s act results in the death of two or more persons.The perpetrator, at the time of committing the act, refuses or neglects to assist the victim, despite being able to do so.
If two or more of the above circumstances are present, the penalty shall be imprisonment for a period not exceeding ten years and a fine not exceeding ten thousand dinars, or one of these two penalties.”
Article 164: “The injury mentioned in the previous article shall be punishable by imprisonment for a period not exceeding two years and a fine not exceeding one thousand dinars and not less than five hundred dinars, or by one of these two penalties, if it is accompanied by any of the following circumstances:
- The offender uses an intoxicant, narcotic, psychotropic substance, or any other substance that affects a person’s natural faculties.The perpetrator’s act results in injury to two or more persons.The perpetrator’s act causes the victim to sustain a permanent disability.The perpetrator, at the time of committing the act, refuses or neglects to assist the victim, despite being able to do so.
If two or more of the above circumstances are present, the penalty shall be imprisonment for a period not exceeding three years and a fine not exceeding two thousand dinars and not less than one thousand dinars, or one of these two penalties.” Minister Al-Sumait added that Article 3 of the draft decree-law amending some provisions of the Penal Code issued by Law No. 16 of 1960 states the following:
“A new clause, numbered 8 and titled ‘Debtor’s Evasion of Payment’, shall be added to Chapter Three, ‘Crimes Against Property’, of Book Three, ‘Crimes Against Individuals’, of the aforementioned Penal Code. This clause includes new articles numbered 283, 284, 285, and 286, with the following provisions:
Article 283: Any debtor who commits any of the following acts shall be punished by imprisonment for a period not exceeding three years and a fine not exceeding five thousand dinars, or by one of these two penalties:
- He concealed, smuggled, transferred, or disposed of his funds, whether by traditional or electronic means, with the intent of not fulfilling his fixed debts under an executive instrument.
- He acknowledged debts that were not owed by him or reduced his funds or rights due from others, with the intention of not fulfilling his debts established by an executive instrument.
The criminal case shall expire in any case if the accused pays the value of the debt, reconciles with the creditor, or is pardoned by him. If the payment, reconciliation, or pardon occurs after a final judgment of conviction has been issued, the court that issued the judgment may order the suspension of the sentence imposed upon the convicted person.
Article 284: “Whoever receives, possesses, or has funds transferred to him from a debtor, whether by traditional or electronic means, with knowledge of the debt established by the executive instrument, with the intent of enabling the debtor to fail to pay, shall be punished with the same penalty as stated in the previous article.” This text does not apply to persons under the debtor’s guardianship or trusteeship. The criminal case shall expire, regardless of its status, if the funds are handed over to the enforcement department or an investigative authority in preparation for the collection of the debt from the debtor, by the rules of creditor conflict.
If the funds are handed over after a final judgment of conviction has been issued, the court that issued the judgment may order the suspension of the execution of the sentence imposed upon the convicted person, based on a request from him. The effect of the payment of the debt, settlement, or pardon stipulated in the previous article shall apply to whoever received, acquired, possessed, or had the debtor’s money transferred to him.
Article 285: “Any debtor who disposes of his funds or rights at a price or value significantly lower than their current market value, with the intention of not fulfilling his debts established by an enforceable instrument, shall be punished by imprisonment for a period not exceeding two years and by a fine not exceeding three thousand dinars, or by one of these two penalties.” The effect of the payment of the debt, settlement, or pardon stipulated in Article 283 shall apply to the accused by the provisions of this Article. Minister Al-Sumait stated that Article 286 states: “The Public Prosecution has jurisdiction to investigate, take action, and prosecute the crimes mentioned in this clause.”
