Criminal Procedure Code at Kuwait

Kuwait's criminal justice system is governed by Law No. 17 of 1960, known as the Criminal Procedure Law, which provides the legal framework for criminal investigations, trials, and appeals. This law has undergone several amendments to address evolving legal standards and societal needs.

⚖️ Key Features of Kuwait's Criminal Procedure Law

1. Arrest and Detention

An individual may not be held in custody for more than four days without a written order from the investigator in felony cases.

In misdemeanor cases, detention is limited to 48 hours without a written order.

Detention can be extended in felony cases for up to 80 days, and in misdemeanor cases for up to 40 days, subject to judicial review . (المحامي أحمد الصليلي - Kuwait's Code of Procedures 17/1960)

2. Investigation and Prosecution

The Public Prosecution is responsible for conducting investigations and initiating prosecutions.

Investigations must be carried out promptly and impartially, ensuring the rights of the accused are protected.

3. Trial Procedures

Criminal trials are conducted in public, ensuring transparency and accountability.

The accused has the right to legal representation and to present evidence in their defense.

Sentences are pronounced in accordance with the law, and the accused has the right to appeal decisions to higher courts.

4. Recent Amendments

Decree-Law No. 104 of 2024 introduced amendments to certain provisions of the Criminal Procedure Law, aiming to enhance the efficiency and fairness of criminal proceedings .

Law No. 11 of 2020 and Law No. 1 of 2021 have also amended various provisions to address emerging legal challenges and improve the criminal justice system . (Kuwait Law No. 17/1960 - Promulgating the Criminal Procedures Law - Criminal Procedure Law [Lexis® Middle East])

📚 Accessing the Full Text

The full and consolidated text of Law No. 17 of 1960 is available through Lexis® Middle East: 🔗 Kuwait Law No. 17/1960 – Criminal Procedure Law (Kuwait Law No. 17/1960 - Promulgating the Criminal Procedures Law - Criminal Procedure Law [Lexis® Middle East])

 

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