New Decree-law overhauls criminal trial rules in Kuwait

• Judgments in absentia will be delivered via email or other savable means, or to a cohabiting relative or staff at the convicted person’s residence if direct notification is not possible.

Decree-Law No. 62 of 2025 was issued to amend certain provisions of the Criminal Procedures and Trials Law, replacing the texts of Articles 188 and 230 with new ones.

According to the amended Article 188, the objection period is set at one week. In misdemeanors, this period begins from the date the in-absentia judgment is officially announced to the convicted person.

In felony cases, it starts from the date of the convicted person’s arrest if the judgment has not already been served personally. Once the deadline passes without objection, the judgment can only be contested by appeal—if it qualifies for appeal—reported Arabic daily Al Qabas.

The judgment in absentia shall be communicated to the convicted person via email or any other modern means of communication that can be saved and retrieved, in accordance with the terms and conditions set out in the Civil and Commercial Procedures Law.

If it is not possible to notify the convicted person directly, the notice shall be delivered to his place of residence, either to a relative or in-law living with him, or to any of his household staff. If none are available or the person present refuses to receive the notice, it shall be published in the Official Gazette and displayed in prominent public places within his residential district, at his residence or workplace, and in any other location deemed appropriate for public posting.

Article 230: If the convicted person fails to pay the imposed fine, it shall be collected through compulsory execution by seizing his assets. The Public Prosecution may also collect it through monthly deductions not exceeding one-quarter of the person’s salary, wages, labor support, or pension.

Upon the convicted person’s request, the court president who issued the ruling, the Public Prosecutor, or their delegate may approve installment payments or deferment for a reasonable period, provided that full payment is completed within five years and justified.

Explanatory memorandum

The explanatory memorandum to the decree states that the Code of Criminal Procedure and Trials is one of the fundamental pillars of criminal justice in any society. It is not merely a collection of abstract legal provisions, but rather the backbone that supports justice, embeds it in the collective consciousness, and ensures its effective implementation in daily life.

While laws in general are essential for safeguarding rights and regulating relationships among individuals, the Code of Criminal Procedure holds particular significance. It governs the mechanisms by which these laws are enforced and provides the legal tools necessary to guarantee that every individual can access their rights fairly and efficiently.

One of the Code’s most important functions is affirming the sovereignty of the state. A state cannot be truly sovereign unless it possesses the authority to enforce its laws, execute judicial rulings, and uphold justice, ensuring that it reaches every rightful party, everywhere and at all times.

Imposing sovereignty

The Code of Criminal Procedure serves as the state’s instrument for asserting its sovereignty nationwide. It is the guarantor of real justice—not merely in legal text, but through actual implementation.

Nonetheless, applying laws in practice presents challenges. Experience has shown the need to adapt to technological advancements, especially with the successful use of “electronic notification” in civil cases under Decree-Law No. 38 of 1980. Additionally, the collection of criminal fines has become a persistent issue, hindering the realization of social and financial justice.

Following the Amiri Order issued on 10 May 2024, which stipulates in Article (4) that laws shall be enacted through decrees, the present draft decree-law was prepared. Article (1) of the draft law proposes amendments to Articles (188) and (230) of the Code of Criminal Procedure and Trials (Law No. 17 of 1960). The amended Article (188) provides that a judgment in absentia may be served to the convicted individual via email or any modern means of communication that allows for saving and retrieval, in accordance with the provisions of the aforementioned Civil and Commercial Procedures Law.

The amended Article (230) addresses a practical issue arising from the accumulation of fines imposed by criminal courts, which has reached a level where recovery has become increasingly difficult. In many cases, these unpaid fines have become a significant burden, leading to serious legal challenges. Chief among these is the statute of limitations on partial lawsuits and the expiration of penalties over time. Such complications have ultimately resulted in the state losing its legitimate right to recover these amounts—despite fines being a public right owed to the state treasury for the benefit of the nation.

To resolve this, the revised article introduces more effective mechanisms for fine collection. It stipulates that if a convicted individual fails to pay a fine, the amount will be collected through compulsory execution of the person’s assets. It also authorizes the Public Prosecution to deduct up to one-quarter of the convicted person’s salary, wage, labor support, or retirement pension on a monthly basis.

Additionally, the amended article allows the president of the court that issued the ruling, the Public Prosecutor, or their delegate, to grant payment in installments or to postpone payment for a reasonable period, upon request by the convicted person and with sufficient justification—provided that full payment is completed within five years.

This amendment ensures the prevention of fine accumulation while safeguarding the state’s right to recover these amounts efficiently and fairly.