Al-Qabas publishes features of the anticipated Penal Code: No statute of limitations for intentional murder

Hamad Al-Salama and Mubarak Habib – After more than 48 meetings held over 15 months by a specialized committee for review and development, the new Penal Code project has entered its final stages, paving the way for its issuance and public unveiling. This marks a new phase in addressing crime developments and keeping pace with societal changes. According to the outlines of the draft law obtained by Al-Qabas, the prominent legislative message conveyed by the new Penal Code is that justice is not achieved merely by imposing harsher penalties, but through an integrated system that combines firmness in confronting serious crimes, proportionality in sentencing, and the provision of rehabilitative alternatives for less dangerous offenders. This approach strengthens societal security, protects rights and freedoms, upholds the rule of law, and keeps pace with the rapid transformations in crime patterns and methods.

The project reflects a shift from a fragmented penal approach, with scattered provisions over decades, to a modern, clearer, and more comprehensive law that balances societal protection, offender rehabilitation, and the achievement of justice.

Comprehensive Review

The project, prepared by the Committee for Review and Development of the Penal Code established by Minister of Justice Advisor Nasser Al-Samait’s Decision No. 180 of 2025, and whose final report was approved on June 28, 2026, is part of a comprehensive review of Kuwait’s penal legislation, originally issued in 1960 and subject to various amendments over more than six decades.

The project comprises 382 articles, including 150 new articles and 211 amended ones, and is based on ten main pillars. Currently, it awaits the completion of consultations with the two relevant legal authorities, preceding the completion of necessary procedures.

The project aims to unify penal provisions into a single code by consolidating related legislations within a more integrated legal framework, simplifying reference to and application of texts, and providing clearer definitions for concepts that judicial practice has shown need regulation. It also reclassifies crimes into felonies, misdemeanors, and infractions, and introduces a simplified procedure for handling minor infractions through settlement and payment of fines according to prescribed regulations. This contributes to reducing the burden on courts and allowing the judiciary to focus on more serious cases.

Alternative Penalties

Regarding penalties, the project reorganizes them based on the principle of proportionality to the gravity of the crime, updates fines to keep pace with economic changes, and grants judges greater flexibility in individualizing sentences to suit the circumstances of each case. It also includes ten alternative measures to imprisonment, such as community service, vocational training, electronic monitoring, house arrest, and placement in a therapeutic facility. This approach promotes rehabilitation and reintegration without compromising deterrence requirements or public security.

The project places special emphasis on protecting individuals, families, and children by expanding criminalization to include forms of psychological abuse, intimidation, harassment, and violations of privacy. It strengthens penal protection for children and imposes stricter penalties in cases where the offender exploits their family position or caregiving responsibilities. It also includes provisions on the non-statute of limitations for intentional homicide and additional guarantees for prosecuting crimes committed against children, as stipulated therein.

Combating Bribery

In terms of state security and social stability, the project addresses emerging threats, including the protection of infrastructure, communication networks, and cybersecurity. It also enhances the fight against bribery and corruption, expands the scope of certain crimes related to the private sector and foreign public officials, and safeguards the integrity of the judiciary, investigative bodies, and enforcement agencies.

The bill also criminalizes recent forms of forgery, fraud, and online gambling, and strengthens the civil liability of legal persons, thereby reinforcing trust in state institutions and safeguarding economic transactions. In line with the Constitution and Kuwait’s international obligations, the project criminalizes torture, discrimination, and hate speech, revises provisions that no longer align with developments in civil justice, and reorganizes penalties for the most serious crimes. It also keeps pace with digital transformation by incorporating concepts of public space in the virtual realm, modern technological means, and the use of artificial intelligence in committing criminal acts, while taking into account user responsibility based on intent, in accordance with the relevant regulatory provisions.

The law is comprehensive. Its drafting involved extensive legislative work: the Review and Development Committee held 48 meetings over 15 months, consulted specialists in criminal law, forensic medicine, and child protection, and drew on comparative legislative experiences from Gulf, Arab, and French jurisdictions. This process reflects a shift toward building a more comprehensive and coherent law, grounded in a scientific and practical review of existing provisions, and responsive to challenges and gaps revealed by its implementation.

Overall, the project lays the foundation for a new phase in Kuwaiti criminal legislation, characterized by a single, clearer law, more proportionate penalties, broader societal protection, and greater scope for rehabilitation and reintegration. Balancing firmness in confronting serious crimes with flexibility in dealing with lesser offenses, the project presents a balanced vision for civil justice, aimed at strengthening the rule of law and consolidating trust in the judicial system, more than six decades after the enactment of the current Penal Code.

Key New Penalties 01 Structure of Penalties ◄ Fines alone shall not exceed KD 2,000 ◄ Maximum term of pre-trial detention raised to 20 years, up from 15 ◄ Discretionary death penalty combined with life imprisonment, applicable only in two specific crimes ◄ Death penalty or life imprisonment for new serious crimes resulting in death: torture, sabotage, looting, and arson 02 Fines ◄ Ranging from hundreds to thousands: misdemeanors between KD 2,000 and KD 12,000; state security offenses up to KD 40,000 ◄ Legal entities: fines equal to ten times the amount imposed on individuals, up to KD 1 million 03 Alternative Measures ◄ Ten alternative measures to punishment: community service, electronic monitoring, house arrest, rehabilitative training, therapeutic rehabilitation centers, prohibition from engaging in certain activities, visiting specific places, or contacting certain persons, and police supervision ◄ Suspension of sentencing, and substitution of imprisonment of up to 4 years with an alternative measure 04 Penalties for Legal Entities ◄ Suspension of activities, closure, prohibition from government contracting, and dissolution under judicial supervision 05 Ancillary, Supplementary, and New Measures ◄ Publication of the judgment at the convicted person’s expense ◄ Disqualification from running for office for up to four years or for life ◄ Erasure and blocking of data, and closure of websites and pages ◄ Confiscation of equivalent value when the property cannot be seized 06 Mandatory Effects and Stricter Provisions ◄ Mandatory police supervision in all felony cases ◄ Permanent deprivation of rights in serious crimes ◄ Doubling of penalties in cases of habitual offenses or those committed with intent to torture ◄ No statute of limitations for intentional homicide Key Added Crimes and New Penalties in the Draft 01 State Security and Community Security Crimes ◄ Publicly affirming, sympathizing with, or promoting an hostile, terrorist, or armed entity ◄ Joining a hostile or armed entity or group ◄ Misleading the Emir, the Crown Prince, or the Prime Minister with false information by a public official ◄ Sabotaging public facilities, communications, cybersecurity, energy, and infrastructure ◄ Insulting a non-hostile state, its head of state, or its flag, as well as the Gulf Cooperation Council flag ◄ Racial discrimination, contempt for groups, and incitement of sectarianism ◄ Sorcery, superstition, and begging ◄ Electronic fraud 02 Justice-Related Crimes ◄ Claiming influence with the judiciary and investigative authorities in exchange for benefits ◄ Concealing or fabricating evidence, false confessions, and concealing corpses ◄ Refusing to undergo examinations and provide samples ordered by investigative authorities ◄ Enabling banned individuals to leave the country 03 Official Duty and Public Trust Crimes ◄ Bribery in the private sector, and bribery of foreign and international officials ◄ Forgery of financial documents, punished as forgery of official documents ◄ Cheating in educational examinations and altering grades ◄ Impersonating a private employee and assuming official uniforms 04 Crimes Against Persons and Reputation ◄ Psychological harm and harassment ◄ Misleading transport services, and poisoning resources and food ◄ Voyeurism, unauthorized photography in private spaces, and publication of recordings ◄ Exposing pornographic materials to children ◄ Unlawful stalking, tracking, and surveillance ◄ Spousal battery punished as assault 05 Financial Crimes ◄ Theft of electricity, water, gas, and telecommunications services ◄ Fraud committed by organized groups, and corporate directors deceiving the public ◄ Unlicensed interest-based lending, replacing usury ◤ Evading compensation obligations to creditors 06 Corresponding Stricter Provisions ◄ Abolition of minimum sentences and reduction of penalties up to one-quarter of the maximum limit