Fahd Al-raja'an's Death Will Not Hinder The State From Recovering Public Funds

07 September 2022 Kuwait

Fahd Al-Rajaan, the former director of the Public Institute for Social Security, died in London yesterday, raising questions about the fate of cases against him.

According to a local Arabic daily, the penal case will be dropped, but civil lawsuits with the heirs will continue, although administrative procedures relating to the heirs may delay the process,” referring to a previous ruling of the Court of Cassation.

According to the sources, Article 22 of Law No. 1 of 1993 protects public funds by stating that “the expiration of any criminal case for any reason does not preclude the injured party's right to demand the refund of the funds, whose crimes are outlined in this law, as well as compensation if necessary.

The state's financial right to one of its citizens does not cease to exist when that citizen dies, according to Dr. Faisal Al-Haidar, an expert in administrative and financial law. This right can be claimed by the state through a new lawsuit filed against the deceased's heirs once their names, addresses, and kinship ties have been verified.”

"The Fatwa and Legislation Department can appeal the claim to recover these funds owed to the state," said Al-Haidar.

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