Kuwait issues landmark Decree-Law No. 65 of 2025 to amend Penal Code

In a significant legal milestone, Kuwait Alyawm, the government gazette has announced the official publication of Decree-Law No. 65 of 2025, marking a vital update to the country’s Penal Code. Approved by the Council of Ministers on April 22, this legislative reform brings long-awaited amendments that aim to strengthen public safety and financial integrity.

At the heart of the law lies a clear message: justice requires consequences. As outlined in the explanatory memorandum, the penal system is more than a symbolic framework — it is a pillar that upholds social order. Without effective punishments, the law risks becoming mere moral suggestion, easy to ignore and difficult to enforce, reports Al-Rai daily.

The decree targets two pressing issues — rising negligence that results in injury or death, and the growing threat of financial fraud by debtors attempting to game the system.

A modern response to manslaughter and accidental harm

For decades, the laws governing manslaughter and unintentional injury remained unchanged, rooted in language from 1960. But recent realities — marked by preventable tragedies and carelessness —demanded a revision.

The new law raises the ceiling on fines under Articles 154 and 164 and redefines fault by adding failure to comply with laws as a key indicator of wrongdoing, including in Article 44(1).
Two entirely new articles—154 bis and 164 bis—introduce a structured approach to identifying aggravating circumstances in these crimes.

These are grouped into three categories:

• Grave Mistakes by Offenders — If someone causes harm while under the influence of intoxicating or mind-altering substances, their impaired judgment becomes a central issue. Similarly, if the offender fails to help the victim—even by neglecting to call for aid—their disregard is considered an aggravating factor.
• Serious Outcomes of Actions — When wrongful acts result in multiple deaths, injury to several individuals, or cause permanent disability, the impact itself elevates the severity of the offense.
• Multiple Aggravating Factors — If a combination of the above factors is present, the law recognizes the heightened danger and responds accordingly.

  Targeting financial evasion: a crackdown on debtors

A separate yet equally critical part of the amendment addresses economic deceit. A new section—Chapter 8 of Book Three—entitled Debtor’s Evasion of Payment has been added to the Penal Code, encompassing Articles 283 to 286.

This section takes aim at individuals who falsely present themselves as insolvent to escape repaying debts. The law criminalizes actions such as:

• Selling off assets far below market value to avoid repayment.
• Transferring funds or property to third parties—spouses, relatives, or others—with the intent of shielding them from legal recovery.

However, the law provides protection for those under the debtor’s guardianship or trusteeship, recognizing that these individuals may not be legally responsible for the debtor’s actions.

In addition, the law clarifies how debt settlements affect criminal proceedings, outlines pathways for reconciliation and forgiveness from creditors, and empowers the Public Prosecution to pursue these financial crimes robustly.

Justice in Motion

The amended Penal Code will take effect one month after its appearance in the Official Gazette, in line with Article 178 of Kuwait’s Constitution. These changes represent more than just legal reform—they are a bold move to protect lives, ensure accountability, and preserve financial trust.
In a time when both personal safety and economic credibility face mounting threats, Decree-Law No. 65 stands as a reminder: Kuwait is committed to a fair, secure, and just society.