Manslaughter ... Debt Scams Now Carry Heavier Penalties

The Kuwaiti Cabinet, under the guidance of Minister of Justice Nasser Al-Sumait, has approved a draft decree-law to amend key provisions of the Penal Code No. 16/1960, addressing unintentional manslaughter, injury, and debtor evasion with updated legal consequences.

Amendments Address Real-World Developments

The proposed revisions aim to bridge legal gaps in the penal system, aligning the law with modern forms of negligence and recklessness—particularly involving substance use or failure to assist victims. These amendments enhance the protection of individual rights and reinforce deterrence policies.

Key Articles Amended in the Penal Code

Article 44, Clause 1: Redefining Unintentional Errors

Defines unintentional error as behavior deviating from what a reasonable person would do, including recklessness, carelessness, and failure to adhere to regulations.

Article 154: Manslaughter Due to Negligence

Offenders who unintentionally cause death through negligence or failure to follow professional duties face up to three years in prison or fines between KD 500 and KD 1,000.

Article 164: Penalty for Unintentional Injury

Causing injury through negligence or non-compliance can result in up to one year in prison or a KD 250–500 fine.

Enhanced Penalties Under New Articles 154 bis and 164 bis

Article 154 bis

• Up to five years in prison and fines up to KD 2,000 if the act involves substance use, causes multiple deaths, or refusal to help the victim.
• If two or more conditions apply, the penalty increases to 10 years in prison and/or a KD 10,000 fine.

Article 164 bis

• Stricter penalties (up to three years prison/KD 2,000) if injury involves substance use, multiple victims, or permanent disability, or if the perpetrator fails to assist.

New Provisions to Combat Debtor Evasion

A new clause added to the Penal Code targets debtors attempting to escape payment through asset concealment or undervaluation, with prison terms up to three years and fines reaching KD 5,000.

Key Articles for Debtor Evasion

• Article 283: Punishment for debtors hiding or transferring assets to avoid enforcement.
• Article 284: Penalty for those aiding debtors in asset concealment.
• Article 285: Penalizes undervalued asset transfers to escape obligations.
• Article 286: Grants the Public Prosecution authority to investigate such cases.

Conclusion

This legal overhaul marks a significant step in modernizing Kuwait’s criminal law to address evolving societal challenges, offering both stricter penalties and legal clarity.