Kuwait tightens penalties for insulting public employees

• The Penal Code amendments impose a five-year prison term and a 5,000 dinar fine on any public employee who inflicts harm, physical or psychological pain, or instills fear in an individual to coerce a confession.

• Officials who are present, approve, or ignore an act they could prevent face up to seven years in prison and fines between 3,000 and 10,000 dinars if the act involves discrimination.

• Public employees causing harm or fear to coerce confessions face up to five years in prison and a 5,000 dinar fine.

Decree-Law No. 93 of 2024 introduced amendments to the Penal Code, imposing stricter penalties for insulting public officials. The new provisions include a three-month jail term and a 300 dinar fine for insulting a public employee while on duty. Offenses against judges, prosecutors, police, military personnel, or guards while performing their duties carry a one-year prison sentence and a 1,000 dinar fine, according to a report by Al Qabasnewspaper.

The amendments also introduced a penalty of five years’ imprisonment and a fine of 5,000 dinars for any public employee who causes harm, physical or psychological pain, or instills fear in a person with the intent of forcing them to confess to a crime.

The decree stated:

• Article 1: The following texts shall replace the provisions of Articles (134) and (135) of the Penal Code referenced:

Article 134: Anyone who insults, whether by words or gestures, a public employee while performing their duties or because of them, shall be punished by imprisonment for a period not exceeding three months and a fine not exceeding 300 dinars and not less than 100 dinars, or one of these two penalties.

Anyone who insults, either verbally or through gestures, a judge, members of the Public Prosecution, or any member of the police force, the army, or the National Guard during the performance of their duties, or because of it, shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding one thousand dinars and not less than three hundred dinars, or by one of these two penalties.

Article 135: Anyone who assaults or resists a public employee with force or violence while they are performing their duties, or because of it, shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding one thousand dinars and not less than three hundred dinars, or by one of these two penalties.

If the assault is against any of the individuals mentioned in the second paragraph of the previous article, the penalty shall be imprisonment for a period not exceeding two years and a fine not exceeding two thousand dinars and not less than five hundred dinars, or by one of these two penalties.

If the assault is committed against a member of the police force, the army, or the National Guard while they are performing their duties in the dispersal of a gathering, meeting, demonstration, or procession, or with the intention of resisting them or disrupting their duties, the penalty shall be imprisonment for a period not exceeding five years and a fine not exceeding five thousand dinars and not less than one thousand dinars, or by one of these two penalties.

• Second Article:

A new Article No. (135) bis shall be added to the Penal Code, which reads as follows: The victim of the crimes provided for in Articles (134) and (135) of this law may not withdraw their complaint, reconcile with the accused, or grant a pardon.

• Third Article: The following text shall replace the text of Article (53) of Law No. (31) of 1970:

Article 53: Any public employee, or any person in public service, who, either personally or through others, causes harm, physical or psychological pain, or instills fear in a person or any member of their family with the intent of forcing them to confess to a crime or to provide statements or information about it, shall be punished by imprisonment for a period not exceeding five years and a fine not exceeding five thousand dinars, or by one of these penalties. Any official who is present, approves, or remains silent about the commission of the act when they have the authority to prevent it shall be subject to the same penalty.

The penalty shall be imprisonment for a period not exceeding seven years and a fine not exceeding ten thousand dinars and not less than three thousand dinars, or by one of these two penalties, if the act described in the two preceding paragraphs is committed based on any form of discrimination, regardless of its cause or type.

If torture is accompanied by an act punishable by law with a more severe penalty, the accused shall be punished with the harsher penalty. If torture results in death, the accused shall be punished with the penalty for intentional homicide.

Explanatory note

The explanatory memorandum for the amendments stated: In light of the repeated attacks on public officials, which have diminished the prestige of the state, and to preserve the rights of these employees and support their stability, this decree-law seeks to strengthen the penalties for crimes committed against them during their work or because of it. As part of these amendments, the fine stipulated in the first paragraph of Article (134) for insulting a public employee has been set at a minimum of one hundred dinars.

Additionally, the penalty has been increased if the crime is committed against a judge or member of the public prosecution, raising it to imprisonment for a period not exceeding one year and a fine of not less than three hundred dinars and not exceeding one thousand dinars.

A minimum fine has been similarly established when the victim is a member of the police force, the army, or the National Guard, during the performance of their duties or because of it. The law had previously set a lower penalty if the crime was committed against them.

It also reinforces the penalties for crimes of assault against public employees stipulated in Article (135) by establishing a minimum fine to ensure deterrence, and it stipulates that the victim may not withdraw their complaint, reconcile with the accused, or grant a pardon, in accordance with Articles (210), (240), and (241) of the Criminal Procedure and Trials Law.

In order to safeguard human dignity and ensure that individuals enjoy security and safety, and in line with international recommendations issued by committees related to basic human rights conventions ratified by the State of Kuwait—foremost among them the request to revise the definition of torture under Law No. (31) of1970 in accordance with the definition in the first paragraph of Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Law No. (1) of 1996—the amendments to Article (53) of Law No. (31) of 1970 were introduced.

These amendments increase the fine, raising the maximum limit to five thousand dinars and setting a minimum of one thousand dinars, as the previous text did not specify a minimum.

The decree-law also introduced a new provision in the second paragraph of the article to punish any official who was present, approved, or remained silent about the commission of the act when they had the authority to prevent it. The penalty was further increased if the act was based on discrimination between persons, regardless of its cause or type.