New decree streamlines criminal procedures for minor offenses to speed up court decisions
Decree Law No. 157 of 2025 has been issued to amend several provisions of the Criminal Procedures and Trials Law (Law No. 17 of 1960), with the goal of simplifying judicial processes and accelerating the handling of simple criminal cases.
According to the explanatory memorandum published in the official gazette Kuwait Alyawm, the penal order system is intended as a fast and simplified mechanism for resolving certain minor offenses.
It allows courts to issue decisions efficiently, reducing the burden on judicial bodies and minimizing delays that can lead to cases lapsing due to the statute of limitations, reports Al-Rai daily.
The memorandum explained that the legislator first adopted this streamlined method in Articles 148 and 149 of the Criminal Procedures Law, following the practice of many comparative legal systems.
A penal order may be issued after reviewing case documents that provide sufficient evidence—without holding investigations or hearings.
Once the judge is satisfied that the evidence supports conviction, a penal order may be issued imposing a fine of up to 500 dinars. The reform responds to the growing number of minor cases before the courts, which often take considerable time under standard procedures.
Revised Article 148 — The new text authorizes the prosecution to request a penal order in misdemeanors punishable by up to one year in prison, a fine not exceeding 500 dinars, or both.
The prosecution submits its request in a formal statement accompanied by all required documents, which may be filed electronically through the court’s website or digital platform.
The court then rules on the request in the absence of the accused, relying solely on the case papers and investigation reports. It may only issue a fine of up to 500 dinars.
Revised Article 149 — The amendment states that when a request for a penal order is submitted, the court may reject it if it finds that issuing such an order is not in the public interest. In that case, the prosecution must proceed through ordinary procedures should it wish to continue the case.
Rejection becomes mandatory if the accused appears before the court in person or through a representative, reinforcing the defendant’s right to a full defense.
If the court accepts the request and issues the penal order, it is treated as a default judgment in terms of legal effect, time limits, and avenues of appeal. These limits begin from the date the order is properly served, using the same procedures as for default judgments.
When the request is submitted electronically, the issued order will bear the judge’s approved digital signature, which has full legal validity under the Electronic Transactions Law.
The memorandum emphasized that the penal order aims to avoid unnecessary court appearances in straightforward cases where the evidence is clear from the file, while ensuring the accused retains the right to defend themselves by appearing before the court.
New Article 95 bis — The decree also introduces a new article regulating the handling of illegal seizures, specifying how they should be stored and identifying the authority empowered to order their destruction when they are not needed for investigation or trial.
The memorandum noted that while current law covers the treatment of legally seized items, it previously lacked clear rules for managing illegal seizures—prompting the inclusion of this new provision.
These amendments collectively aim to create faster, more efficient judicial procedures for minor criminal matters while preserving defendants’ rights and improving overall case management.
