Decree Regulation No. 157 of 2025 has been issued to amend a number of provisions of the Felony Procedures and Trials Regulation (Regulation No. 17 of 1960), with the aim of simplifying judicial processes and accelerating the dealing with of straightforward prison instances.
Based on the explanatory memorandum printed within the official gazette Kuwait Alyawm, the penal order system is meant as a quick and simplified mechanism for resolving sure minor offenses.
It permits courts to difficulty selections effectively, lowering the burden on judicial our bodies and minimizing delays that may result in instances lapsing as a result of statute of limitations, stories Al-Rai each day.
The memorandum defined that the legislator first adopted this streamlined methodology in Articles 148 and 149 of the Felony Procedures Regulation, following the follow of many comparative authorized programs.
A penal order could also be issued after reviewing case paperwork that present adequate proof—with out holding investigations or hearings.
As soon as the choose is happy that the proof helps conviction, a penal order could also be issued imposing a effective of as much as 500 dinars. The reform responds to the rising variety of minor instances earlier than the courts, which frequently take appreciable time underneath commonplace procedures.
Revised Article 148 — The brand new textual content authorizes the prosecution to request a penal order in misdemeanors punishable by as much as one 12 months in jail, a effective not exceeding 500 dinars, or each.
The prosecution submits its request in a proper assertion accompanied by all required paperwork, which can be filed electronically via the court docket’s web site or digital platform.
The court docket then guidelines on the request within the absence of the accused, relying solely on the case papers and investigation stories. It could solely difficulty a effective of as much as 500 dinars.
Revised Article 149 — The modification states that when a request for a penal order is submitted, the court docket might reject it if it finds that issuing such an order is just not within the public curiosity. In that case, the prosecution should proceed via bizarre procedures ought to it want to proceed the case.
Rejection turns into necessary if the accused seems earlier than the court docket in particular person or via a consultant, reinforcing the defendant’s proper to a full protection.
If the court docket accepts the request and points the penal order, it’s handled as a default judgment by way of authorized impact, closing dates, and avenues of enchantment. These limits start from the date the order is correctly served, utilizing the identical procedures as for default judgments.
When the request is submitted electronically, the issued order will bear the choose’s permitted digital signature, which has full authorized validity underneath the Digital Transactions Regulation.
The memorandum emphasised that the penal order goals to keep away from pointless court docket appearances in easy instances the place the proof is evident from the file, whereas guaranteeing the accused retains the precise to defend themselves by showing earlier than the court docket.
New Article 95 bis — The decree additionally introduces a brand new article regulating the dealing with of unlawful seizures, specifying how they need to be saved and figuring out the authority empowered to order their destruction when they don’t seem to be wanted for investigation or trial.
The memorandum famous that whereas present regulation covers the therapy of legally seized gadgets, it beforehand lacked clear guidelines for managing unlawful seizures—prompting the inclusion of this new provision.
These amendments collectively goal to create quicker, extra environment friendly judicial procedures for minor prison issues whereas preserving defendants’ rights and bettering total case administration.