Kuwait updates manslaughter laws for first time since 1960 to bridge gaps in outdated penal code

Minister of Justice, and Minister of Awqaf and Islamic Affairs, Dr. Mohammad Al-Sumait, following the weekly Cabinet meeting affirmed the newly proposed draft decree-law represents a critical step in modernizing Kuwait’s penal legislation.

In a detailed statement to the Kuwait News Agency (KUNA) he explained that the decree is a response to practical challenges that have emerged over the decades, to bridge legal gaps revealed through real-world application of the law. This legal reform seeks to reinforce the effectiveness of penal policy, enhance the protection of public rights, and ensure a stronger deterrent effect against criminal behavior.

Minister Al-Sumait emphasized that the current Penal Code, which dates back to its original issuance in 1960, has remained largely unchanged with regard to crimes of manslaughter and unintentional injury. He pointed out that this lack of legislative updates has created shortcomings, particularly in light of the evolving nature of negligence and recklessness that continue to result in severe injuries and fatalities.

He noted that such incidents are often compounded by aggravating factors, such as the perpetrator being under the influence of alcohol or drugs, or failing to offer help to the victim at the time of the incident—circumstances that demand a firmer legal response than what the outdated provisions currently offer.

Accordingly, Minister Al-Sumait stated that the draft decree-law proposes amendments to key articles of the Penal Code issued under Law No. (16) of 1960. The first article of the draft law calls for the replacement of the texts of Articles 44 (first paragraph), 154, and 164 with updated language to reflect contemporary legal standards.

Specifically, the revised Article 44 (first paragraph) clarifies the concept of “unintentional error,” defining it as behavior by an individual that deviates from what a reasonable person would do under similar circumstances. This includes actions marked by recklessness, negligence, carelessness, inattention, or failure to comply with laws, regulations, or professional standards.

Through these amendments, the government aims to ensure the legal system remains aligned with present-day realities, enabling more appropriate and just responses to cases of unintentional harm caused by neglect or irresponsible conduct. The revisions also underscore the state’s commitment to public safety and justice, while reinforcing accountability for behavior that endangers lives and wellbeing.

Key Amendments:

Updated Definitions of Negligence (Article 44):

• Clarifies that unintentional acts involving recklessness, negligence, or failure to observe regulations can lead to criminal liability.

Harsher Penalties for Manslaughter and Injury (Articles 154, 164, 154 bis, 164 bis):

• Article 154: Unintentional killing due to negligence is punishable by up to 3 years in prison and a fine up to KD 1,000.
• Article 164: Unintentional injury carries up to 1 year in prison and a fine up to KD 500.
• New Articles (154 bis, 164 bis): Higher penalties apply (up to 10 years in prison) if offenses involve drugs/alcohol, multiple victims, failure to help the victim, or result in permanent disability.

New Chapter on Debtor Evasion (Articles 283–286):

• Targets intentional evasion of debt payment through acts such as hiding assets, fake debt acknowledgments, or undervaluing property.
  Penalties include up to 3 years in prison and fines up to KD 5,000.
• Criminal cases may be dropped if the debt is paid, reconciled, or the creditor pardons the debtor.
• Prosecution authority for these crimes is assigned to the Public Prosecution.