Kuwait

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Introduction

Background

Kuwait is an Arabic-speaking state located in the Middle East, bordering the Persian Gulf, Iraq, and Saudi Arabia. Since the 18th century, Kuwait has been ruled by the AL-SABAH dynasty, however Ottoman invasion in 1899 led to the dynasty ceding foreign and defense responsibility to Britain until it gained independence in 1961. Iraq overran Kuwait in 1990, but a UN coalition led by the United States liberated Kuwait. In 1992, the parliament was reconstituted by the Amir. Among the Arab Spring protests (2010-2011) a stateless group known as the Bidoons staged demonstrations demanding equal citizenship, job opportunities, and benefits as Kuwaiti nationals. By the end of the protests, the prime minister resigned amid corruption allegations. In 2012, demonstrations resumed responding to an amendment in electoral law that lessened the voting power of tribal blocs. From 2012-2013, Sunni Islamists, tribal populists, and some liberals boycotted legislative elections, leading to a legislature more amenable to the government’s agenda. Oppositionists and independents won nearly half of the National Assembly seats and drove up political polarization. From 2006 to 2020, the National Assembly was dissolved seven times and the cabinet was shuffled over a dozen, mostly because of gridlock between the legislature and the government. However, the Amir, who assumed his role in 2020, launched a “National Dialogue” to resolve political stagnation. (Factbook) Today, Kuwait is known for being an oil-rich and wealthy desert state that has a high standard of living and well-developed infrastructure with a predominantly Muslim culture, with tradition a part of daily life. 30.4% of the population is Kuwaiti, 27.4% is from another Arab state, 40.3% is Asian, and 1% is African—with a majority of the population located in the Gulf region. As of June 2025, Kuwait’s government has been involved in discussing Israel-Iran strikes with the Turkish president and Oman’s sultan amidst heightened tensions over the Palestine-Israel conflict, in which Kuwait has pledged support for Palestine.

Type of system

Kuwait’s legal system is hybrid; consisting of English common law, French civil law, and Islamic Sharia law, and Egyptian law. Islamic law is present in personal matters (e.g., marriage, divorce, inheritance) but the Kuwaiti Constitution of 1962, which serves as the primary source of legislation, does provide for an independent judiciary. The state has not accepted the compulsory ICJ jurisdiction. The highest courts include the Constitutional Court, consisting of 5 judges, and the Supreme Court/ Court of Cassation, which is organized into circuits, each with 5 judges. Judges are selected by appointment from the Amir or recommendation of the Supreme Judicial Council (composed of judges and Ministry of Justice officials. Subordinate courts include the High Court of Appeal, Court of First Instance, and Summary Court.

Legal aid

State-sponsored legal aid

Kuwait does not have a formal state-sponsored legal aid program.

NGOs providing pro bono legal aid

However, the Kuwait Bar Association is mandated by courts to appoint lawyers in criminal, civil, and commercial cases for indigent defendants. Non-governmental organizations that provide pro bono legal aid in Kuwait include Al-Twaijri & Partners, UNHCR Kuwait, Al-Arbash International Law Center, and Kuwait Humanitarian Centre.

Number of lawyers

As of 2015, there were 6,000 lawyers serving a population of 4.3 million people in Kuwait. Data on the total number of lawyers (by criminal/ civil) is not publicly available.

Sources of defendant’s rights?

National sources of defendant’s rights Defendant's rights are guaranteed by the Constitution of Kuwait (1962) which outlines the presumption of innocence, due process, the independent judiciary, and freedom from arbitrary detention. The Ministry of Justice regulations govern prosecution, court procedures, and legal aid appointments.

International sources of defendant’s rights Kuwait is also subject to the International Covenant on Civil and Political Rights (ICCPR), including obligations of, respectively, independence and impartiality of judges, and the independence of prosecutors. Kuwait is also signatory to the Universal Declaration of Human Rights (UDHR), UN Convention Against Torture, Convention on the Rights of the Child, and Convention on the Elimination of Discrimination Against Women, among others.

Rights of the accused

Right against unlawful arrests, searches, and seizures

Rule 63 of Kuwait’s CCP states that any arrest order must be written, dated, signed, and include the accused’s name, residence, and justification for arrest. The officer must notify the accused and inform them of the content of the warrant upon request. The warrant expires after three months if not executed and cannot be reissued without renewal. Rule 92 allows seizure only when necessary for investigation or trial, ensuring detentions are not used to justify arbitrary confiscation. Rule 94 mandates that legitimate owners can challenge seizures in court, ensuring a legal avenue to reclaim unlawfully held property. Rule 95 specifies that non-essential items must be returned, preventing indefinite or unnecessary possession of personal property. Rules 93-97 establish procedures for handling, storing, and returning seized property, guaranteeing that evidence is preserved under secure conditions and returned once it is no longer needed.

Right against unlawful detention

According to Rule 63, if a warrant isn’t executed within three months, it automatically lapses, safeguarding against outdated legal bases for detention. Upon arrest under a warrant, the accused must be presented to the investigator without delay and cannot be held more than 4 days without a written detention order. Rule 69 states pre-trial detention can start with up to 3 weeks based on the investigative authority’s decision. After that, only a judge can extend detention—and only in 15-day increments. If pre-trial detention occurs six months from the date of arrest, a court will hear the case at the request of an investigator and determine renewal of detention depending on the statements of the accused and facts of the case. This is a safeguard against indefinite detention without court review, ensuring regular judicial oversight.

Right not to be tortured or ill-treated

Article 34 of the Constitution mandates accused persons not suffer physical or moral harm, guaranteeing a freedom from punishment.

Right to medical care

Article 15 of the Constitution establishes a state-funded healthcare system that provides free treatment to Kuwaiti citizens. Although the CCP doesn’t guarantee medical care to the accused, the Ministry of the Interior has confirmed that detainees are administered an examination upon entry and those with injuries are provided medical attention.

Right to be informed of charges

In Kuwait’s CCP, the right to notice of charges is protected by Rule 63 which stipulates that anyone arrested must be informed of the charges against them, though the formal warrant may only be shown if the person explicitly requests it. Article 31 of the Constitution further ensures no person shall be arrested or detained without conformity to the law, requiring awareness of criminal allegations at the time of arrest. While authorities are required to provide notice of charges, the United States Department of States’ Human Rights report claims “defendants who did not speak or understand Arabic learned of the charges against them only after their trial began” because they didn’t have interpreters.

Right to presumption of innocence

Article 34 of the Kuwaiti Constitution asserts the principle of presumption of innocence until proven guilty in a legal trial “in which the necessary guarantees for the exercise of the right of defence are secured,” clarifying that in addition to the right to counsel, right to trial, a fair trial, right to present a defence, and laying the foundations for habeas corpus (ensuring due process), physical and moral injury on the accused is prohibited.

Standards of proof and conviction

While not explicitly spelling out “beyond reasonable doubt,” Kuwait’s adherence to the International Covenant on Civil and Political Rights (ICCPR) and Article 34 implies a high threshold: the prosecution must fully demonstrate guilt, with the defendant enjoying all rights to challenge the charges.

Right against self-incrimination

Rule 158 protects against self-incrimination, stating that an accused cannot be forced to testify and that silence cannot be interpreted as guilt.

Right to counsel and effective assistance

Rule 75 ensures that the accused attend all preliminary investigation procedures with a lawyer, although the lawyer cannot speak without permission of the investigator. Rule 120 of Kuwait’s CCP grants those accused with felony charges the right to counsel, assigning lawyers to the person if they don’t assign someone. Rule 98 provides the right to silence during interrogations, and that the accused can request that it be postponed until the presence of their lawyer. There are no rules guaranteeing effective assistance.

Right to a present a defense

The accused is presumed to be innocent and has the right to present a defense.

Right to due process

Kuwaiti’s CCP Rules and Articles 69 to 213 are dedicated to outlining the due process rights.

Right to equal protection of the laws

Article 29 of Kuwait’s Constitution grants people equal protection of the laws regardless of their identity and personal liberty.

Right to bail

Kuwait’s CCP grants the right to bail in Article 219.

Right against ex post facto prosecution

Article 32 of the Constitution prohibits ex post facto punishment: “no penalty may be imposed except for offences committed after the relevant law has come into force.”

Right against double jeopardy

Article 184 of the Kuwait CCP establishes double jeopardy, meaning that someone cannot be tried twice for the same crime after an acquittal or conviction. The International Covenant of Civil and Political Rights (ICCPR), which Kuwait is a state party to, prohibits prosecuting a person twice for the same alleged offense.

Legality principle

Article 1 of the Kuwaiti CCP establishes the legality principle, that no one can be punished for a crime unless that crime and its corresponding penalty are explicitly defined in law before the act was committed.”

Right to a fair trial

Generally Although the Constitution doesn’t mention the right to a “fair trial,” CCP Rule 158 protects the accused from compelled testimony, prohibiting forcing him to answer or make certain statements and stipulating that silence or failure to answer does not mean that he acknowledged something. However, the court is encouraged to draw from the defendant’s failure to answer or incorrect answer in their conclusion. Rule 157 of the CCP deems confessions that are forced or unclear statements inadmissible evidence. Lastly, Rule 159 reinforces that any confession obtained through torture coercion is inadmissible evidence.

Right to a trial by jury Kuaitans do not have the right to trial by jury. Article 165 asserts that all trials are to be public—except otherwise prescribed by law (e.g., maintenance of public order, preservation of public morals).

Right to a speedy trial While the Constitution doesn’t specify a precise timeline, Rule 63 of Kuwait’s CCP ensures the right to a speedy trial by making arrest warrants expire after three months if not executed. Rules 60, 69, and 227 collectively promote a speedy trial by requiring that the accused be brought before an investigator within 48 hours of arrest, mandating that public prosecutors complete investigations within a set timeframe when the accused is detained or else submit the matter for judicial review, and obligating appellate courts to issue decisions within eight days of hearing the appeal. Kuwait is also party to the International Covenant on Civil and Political Rights which promotes a speedy trial as a fundamental human right to be upheld, for juveniles especially.

Right to an impartial judge Article 162 asserts that judges must have integrity and be impartial. Further, Article 163 requires that judges be independent when administering justice, prohibiting interference in trial verdicts.

Right to language interpretation

Rule 170 of the CCP ensures that “If the accused or one of the witnesses is not familiar with Arabic, the court should use an interpreter to understand the accused’s statements and what is going on in the hearing and apply to the translators the judgments of the experts.” However, The Advocates for Human Rights have reported that accused, particularly foreign nationals, facing state security charges are routinely denied access to their lawyers and language interpreters.

Right to habeas corpus

A variety of provisions in Kuwait’s constitution function as a habeas corpus safeguard. Article 31 prohibits arrest, imprisonment, or restriction of liberty except in accordance with the law, this article embodies the core of habeas corpus—ensuring detention is lawful and subject to legal procedure. Article 32 reinforces the principle that no one can be detained or punished without a defined legal basis, aligning with habeas corpus by preventing imprisonment under vague or retroactive laws. Last, Article 34 ensures that all accused persons are presumed innocent and guaranteed the right to a legal defense, allowing them to contest the legality of their detention in court.

Capital punishment

Kuwait’s CCP legalizes capital punishment. Death sentences must be reviewed by the Court of Cassation and the Amir.

Right to appeal

The right to appeal is established in the Rules 199-213, which outline the framework for appealing convictions and sentences, specifying the hierarchy and types of courts (e.g., from the Court of First Instance, to the Court of Appeal, and ultimately the Court of Cassation), as well as procedural deadlines and grounds for appeal. Article 8 of the CCP grants the right to appeal decisions issued by criminal courts to the defendant and the Public Prosecutor.

Rights of Counsel

Right to provide representation

In Kuwait, the right to counsel is protected both constitutionally and through provisions in the Code of Criminal Procedure. Article 34 of the Constitution guarantees that an accused person is presumed innocent until proven guilty in a legal trial that provides the necessary safeguards to exercise the right of defense.

Right of access to the client/ information

This foundational right is reinforced in the CCP, particularly in Rule 75, which allows both the accused and the victim to attend all preliminary investigation procedures with their lawyers present. Although the lawyer may not speak without the investigator’s permission, the presence of counsel is ensured, especially when the accused is in custody. Rule 98 further protects the accused’s rights during interrogation, allowing them to remain silent or request that questioning be delayed until their lawyer is present. It also grants the accused the right to challenge prosecution witnesses, call defense witnesses, and document all defenses and procedural requests in the official record.

Right to confidential communication with the client

Kuwait provides protections for accessing legal counsel but falls short of guaranteeing confidential, privileged communication between the accused and their lawyer throughout the criminal process.

Means of protecting or enforcing rights

Exclusionary rule

Kuwaiti criminal procedure law does not formally adopt an “exclusionary rule” by name, but it clearly prohibits the use of illegally obtained evidence, particularly confessions extracted through coercion or torture. Rule 159 explicitly states that confessions obtained under such conditions are inadmissible in court.

Nullity of Procedure

There is no explicit “nullity of procedure” rule in the CCP, instead, Kuwait offers various procedural checks and judicial supervision (e.g., detention review, appeal deadlines, defense rights) that can invalidate improperly conducted legal actions in practice. Where violations occur, they can be challenged through appeals or petitions under existing rules, creating a de facto remedy for procedural irregularities.

Motions

Although the CCP lacks articles mentioning motions, it includes important procedural mechanisms to safeguard civil rights. Rule 154 allows formal objections to be raised regarding court composition or procedural defects and Rule 158 allows the accused to object to coercive questioning and refuse to testify (a defensive motion to protect rights.) More broadly, the appeal procedures listed in Articles 199-213 of the CCP allow post-conviction motions to challenge judicial errors, procedural irregularities, or misapplication of law.

Contempt

So, while Kuwait does criminalize disrespect toward courts, there is no procedural rule in the criminal procedure code granting courts in-process contempt powers. According to Amnesty International, Article 147 of the Penal Code states anyone who “shows disrespect to a judge in a way that calls into question his integrity or his interest in his work or in his commitment to the provisions of law” may be punished by up to two years’ imprisonment and a fine, with the caveat that “honest criticism, in good faith” is exempt.

Civil actions

Kuwait’s Constitution ensures that citizens can employ civil action to protect their rights. Article 36 ensures the freedom of opinion, scientific research, verbal and written expression, “ in accordance with the conditions and procedures specified by law.” Article 37 establishes the freedom of the “press, printing, and publishing… in accordance with the conditions and manner specified by law.” According to Article 44, individuals have the right of assembly; while private meetings are unregulated, public meetings and demonstrations must be peaceful, “in accordance with the conditions and manner specified by law,” and “not contrary to morals.” Last, Article 45 gives every individual the right to address public authorities in writing, or petition; however, only constituted organizations and corporations have the right to petition collectively.

Pre trial procedures

Police procedures

Complaint/information

In Kuwait, criminal complaints can be filed at police stations and through the Public Prosecutor's office.

Arrest, search, and seizure Laws

Stops and frisks/ searches

Kuwait’s Constitution and Code of Criminal Procedure No. 17/1960 (CCP) outlines legally prohibited searches, search warrants, purpose/ scope of searches, and incidental findings. Rule 80 of the Kuwaiti CCP, people’s homes and messages may be searched “with the investigator’s knowledge, consent, or order when there is no other means to obtain objects used in the crime.” Rule 81 of the CCP establishes that searches should be “for the purpose of finding objects or traces of the crime or necessary evidence,” which may require the arrest of the searched, “within the force limitations described in Article 49.” Then, in the CCP’s Rule 89, the person conducting the search should only look for the objects or traces permitted by the issued warrant, but if “objects deemed a crime or objects connected with another crime” are found, they can be seized and recorded in a report.

Arrests

According to the Constitution’s Article 31, “no person shall be arrested, detained, searched, or compelled to reside in a specified place, nor shall the residence of any person or his liberty to choose his place of residence or his liberty of movement be restricted, except in accordance with the provisions of the law.” and no one “shall be subjected to torture or to degrading treatment.”

Pre-trial detention

Pre-trial detention is addressed in § 3.2.3.4 of the CCP, including Rules 69-74. Under Rule 69, initial detention is capped at three weeks and can only be renewed in 15-day increments by a judge. Rule 70 further restricts detention beyond six months, requiring a court order based on a review of the investigation and after hearing the accused. Additionally, Rules 72–74 provide mechanisms for conditional release at any time if detention is no longer necessary, including guarantees such as bail or written undertakings to ensure the accused’s future appearance.According to the CCP, an individual may not be held in custody for more than four days without a written order from the investigator in felony cases, in misdemeanor cases, detention is limited to 48 hours without a written order, and detention can be extended in felony cases for up to 80 days, and in misdemeanor cases for up to 40 days, subject to judicial review.

Exceptions

Note, Article 111 of the Constitution provides immunity to members of the National Assembly to searches, arrest, detention, and other penal measures while in session.

Enforcing the rules

Kuwaiti criminal procedure law does not formally adopt an “exclusionary rule” by name, but it clearly prohibits the use of illegally obtained evidence, particularly confessions extracted through coercion or torture. Rule 159 explicitly states that confessions obtained under such conditions are inadmissible in court. Rule 157 further reinforces that only voluntary, clear, and conscious confessions may be used as evidence. Additionally, procedural fairness is upheld through Rule 154, which allows the accused to challenge the validity of trial procedures and seek remedies for formal errors. Finally, Rule 151 and 152 restrict judges from relying on personal knowledge or improperly documented pretrial materials, requiring that verdicts be based solely on legally obtained and properly presented evidence. Collectively, these provisions ensure that unlawfully acquired evidence is excluded and what pieces of evidence will be considered null.

Lineups and other identification procedures

Lineups

The CCP doesn’t mention lineups or identification procedures.

Other identification procedures

However, Kuwait enacted Law No. 78/2015 allowing authorities to collect and use DNA evidence in criminal investigations.

Interrogation

Before formal charge in court

Under Rule 98 of the CCP, the accused must be questioned orally by the investigator before the start of a preliminary investigation. The accused has the right to remain silent, to postpone the interrogation until their lawyer is present, and to refuse to sign statements. Confessions, if made, must be recorded in detail and signed by the accused, ensuring voluntariness. Importantly, the use of coercion, threats, or inducement is strictly prohibited. The accused also has the right during the investigation to present a defense, respond to the prosecution’s evidence, and request witnesses or additional investigative actions.

After defendant is formally charged

Following formal charges and during trial, Rule 162 governs the procedure. If the accused pleads guilty or remains silent, the court must still conduct a full evidentiary investigation, including the hearing of witnesses and experts. The prosecution presents its case first, followed by the defense’s opportunity to present exculpatory evidence. The court retains discretion to question the accused again after the witness testimonies or at another time, as necessary for clarifying the facts and protecting the accused’s right to a defense.

Enforcing the rules

Both Rule 98 and Rule 162 serve to protect the accused from unlawful interrogation. Rule 98 explicitly prohibits any form of coercion or manipulation and affirms the accused’s right to silence and counsel. It also ensures that the defense can be actively documented during the investigation. Rule 162 reinforces that even a guilty plea or silence cannot substitute for a full evidentiary review, ensuring that the court independently assesses the facts.

Court procedures

Pre-trial

Initial court appearance

Regarding initial court appearances, pursuant to Article 131 of Kuwait’s Criminal Code of Procedures, the summons and trial date is scheduled by the court. According to Article 155 the court reads charges and requests a plea from the accused. The following rule states that the court may rule after a guilty plea if confession is validated. Article 162 ensures that silence or a plea doesn’t halt an investigation or evidence presentation. A series of articles, 165-166 mandates that witnesses attend and testify truthfully. Article 167 outlines structured rules for direct, cross, and re-direct examination, as well as protection of witnesses. According to Article 164, the court may call or recall any witness if deemed necessary for the trial.

Charging instrument

Rule 105 states that the Public Prosecutor initiates felony cases, while investigators handle misdemeanors they have investigated under Article 9. Rule 106 expands this authority, allowing investigators to initiate proceedings for any crime they are legally empowered to investigate and prosecute. Rule 107 confirms that the person who conducted the investigation and made the decision to proceed is responsible for carrying out the charge in court.

Preliminary hearing

Articles 144-145 of the Kuwait Criminal Code of Procedures, states that the court may remand or release the defendant based on factors of risk and evidence. Articles 148-149 allow summary resolution of misdemeanors through criminal orders. Article 168 permits judges to initiate specific investigative actions before trial.

Pre-trial motions

Article 146 of Kuwait’s CCP says that if the court identifies a fundamental defect in the proceedings or investigation, it may order the procedure to be nullified or corrected—unless the flaw caused no harm to justice or the parties. According to Article 147, ruling of inadmissibility due to procedural defect does not prevent the complainant from re-filing the case once legal requirements are met. Article 154 establishes that the accused or other litigants may file objections to the composition of the court or procedural violations, and the court must address and correct any formal defect that can be remedied. According to Article 163, the court must consider requests from the accused or other parties to hear witnesses or conduct investigations but may reject the request if it is clearly frivolous, malicious, or unnecessary. As part of trial proceedings, Article 169 permits the court to order any person to submit documents or physical evidence relevant to the case and may seize or preserve such materials as necessary. Articles 146-147 states that the court can correct or annul defective procedures if they affect fairness. Article 154 allows the defendant to object to court composition or procedural errors. Article 163 permits litigants to request investigations, however, courts can deny frivolous motions. Pursuant to Article 169, the court may compel parties to produce documents or physical evidence.

Discovery

Kuwait’s CCP Article 150 stipulates that when a case is tried summarily through a criminal order, the court must still conduct or delegate any necessary investigative procedures, following rules applicable to trial proceedings. Article 151 permits the court to form its judgment based on evidence from trial proceedings or pre-trial investigations but may not rely on the judge’s personal knowledge. Pre-trial investigation records can be included in the case file, not as primary proof, but to guide further investigative steps, interrogate witnesses, or support calling the investigator as a witness. If a judge who performed investigative actions is replaced, according to Article 153, the successor judge may rely on the previous findings unless those procedures are repeated at a party’s request. Article 154 allows the court to travel to inspect crime scenes, hear witnesses unable to attend, or conduct other investigations, or delegate these tasks to a judge or investigator under court-specified conditions. Article 169 allows the court to order any person to produce items or documents in their possession relevant to the case and may seize anything useful to the investigation or keep submitted materials until the case is resolved. Article 170 allows the court to appoint technical experts to provide reports, allow opposing experts to submit written opinions, and must appoint interpreters for non-Arabic-speaking defendants or witnesses, who are held to the same standard of honesty as expert witnesses. In the CCP, Articles 150-152 allows pre-trial investigation records to guide court inquiry but clarifies that it isn’t direct evidence. Article 153 permits successor judges to rely on earlier investigative records. Article 168 states that the court may conduct or delegate investigations such as scene inspection. Articles 169-170 states that the court may seize relevant materials and use experts or interpreters.

Trial

Nature of the trial

Kuwait’s CCP states that criminal cases are initiated by the public prosecutor or investigator and can only be heard under procedures established by law. An indictment must include full identification of the accused and plaintiff, details of the offense (acts, time, place, legal classification), and a list of evidence. Once the indictment is submitted, the court sets a hearing date, notifies the accused and relevant parties, and summons necessary witnesses. Article 132 makes it so that the court is not bound by the charge description in the indictment and may reclassify it based on findings. The prosecution may amend the indictment during trial, but the accused must be informed and allowed to prepare. If new facts arise that warrant changes in charges or defendants, the court may direct necessary amendments and ensure all investigative procedures are repeated as needed. If the court determines it is appropriate, Article 135 allows the court to refer a misdemeanor case to another competent court to ensure proper adjudication. Pursuant to Article 137, every trial session must be recorded by a clerk, including names of judges, litigants, statements, and procedural actions. Article 138 stipulates that the court president maintains courtroom order and may fine or imprison anyone who disrupts proceedings or disobeys the court. Immediate punishment may be imposed pursuant to Article 139 for offenses committed during trial, including perjury or assault on court officials. According to Article 140, if a new crime is discovered during trial, the court may investigate, arrest, or refer the accused for separate proceedings. Article 165 requires any person summoned as a witness to appear, swear an oath, and answer questions; refusal without excuse is punishable, and false statements are considered perjury. However, Article 166 says only witnesses over 14 who are mentally competent are sworn in; others may still be heard if the court finds their input valuable, using alternative communication as needed. Pursuant to Article 167, the court hears prosecution witnesses first, followed by cross-examination from the defense and civil parties, then hears defense witnesses under the same structure, while ensuring improper or intimidating questions are prohibited. Articles 129-131 and 136-141 are important to defining trial structure, public access, court records, and rights of attendance. Articles 132-134 allow the court to amend charges and give time to the defense to respond. Article 135 allows the referral of misdemeanor cases to appropriate courts. Articles 137-140 permits judges to enforce order and handle in-court offenses and new crimes. Regulating witness testimony, oath-taking, cross-examination, and protection are all described in Articles 165-167. Articles 171-172 establish guidelines for final arguments, civil claims, and issuance of verdicts.

Defendant

Articles 105-107 of Kuwait’s CCP describes how prosecutions are initiated against the defendant. Articles 118-121 explicitly provide specific rights afforded to the mentally ill, youth, and presence rules for trial. Articles 122-128 regulates fugitives, trials in absentia, and property seizures. The accused have the right to silence and protections against coercion and forced confessions pursuant to Articles 154-158. Articles 162-163 give the right to present and challenge evidence, as well as questioning witnesses. Finally, Articles 171-172 allow the right to respond last and to speak on sentencing factors.

Lawyers

CCP Articles 117 and 120-121 provide Kuwaitians the right to appoint counsel in felonies and optional counsel in misdemeanors. Articles 133-134 mandates that time be provided to prepare a defense and deliver closing arguments. Article 171 provides the right to submit a written defense and deliver closing arguments.

Expert witnesses

Rule 99 ensures witness testimony procedures are governed by law, ensuring fairness and equal rights for both prosecution and defense in presenting and examining witnesses. Rule 12 protects witnesses by outlawing torture and coercion to obtain the accused or witness statements. There are only two articles outlining procedures for expert witnesses. Article 100 states that investigators are allowed to ask experts opinions after being sworn in and Article 101 states that experts must submit their opinions in writing and litigants have to submit reports from other experts in an advisory capacity.

Judges

In Kuwait’s Criminal Code of Procedures, Articles 105-107 describe how prosecutions are initiated against the defendant. Articles 138-140 preside over decorum, punishing disruptions, and courtroom discipline. Article 151 grants the judge permission to weigh evidence independently but also prohibits the use of personal knowledge. Article 153 states that successor judges can rely on predecessor’s records unless procedures are repeated. Article 168 allows judges to inspect crime scenes or delegate investigative procedures. Consequently, Articles 169-170 allows judges to compel evidence production and appoint experts or interpreters.

Victims and Civil Plaintiffs

Articles 109-117 of Kuwait’s CCP states that victims may initiate cases, join proceedings, and claim damages. Article 165 stipulates that victims may be called as witnesses and are subject to witness rules. Last, Articles 171-172 allows civil claims to be heard alongside criminal cases and ruled upon in verdict.

Sentencing

Article 173 of Kuwait’s CCP states that procedures for disqualifying or dismissing a judge follow the rules of the Civil and Commercial Liftings Act. Article 174 mandates that judges deliberate in secret and issue verdicts by majority; if there is no majority, junior judges must join one of the prevailing opinions. Article 175 requires that all judgments be written with reasons and include detailed case information, such as the names of judges, litigants, legal arguments, and a summary of proceedings. The draft verdict must be filed, and though copies are not immediately available, parties may inspect the draft until the final version is complete. Article 176 provides that the verdict must be read aloud in a public hearing by the presiding judge, with all involved judges present and their drafts signed within seven days. Article 177 requires the presiding judge and court clerk to sign the final judgment and store it in the case file within three days of filing the draft. Article 178 prohibits changing the verdict after it is pronounced, except for minor clerical corrections. Article 179 allows both the accused and plaintiff to receive official copies of the verdict free of charge, while other interested parties may request copies for a fee unless exempted by the judge. Article 180 instructs the court to resolve disputes over seized items or refer them to a civil court, with the option to order confiscation, return, or destruction. Article 181 delays execution of seizure orders until the appeal period ends, though items may be handed over immediately with or without a guarantee. Article 182 allows the court to order a good-faith buyer of stolen property to surrender equivalent seized funds from the convicted seller to cover restitution. Article 183 permits the court to place disputed property in custody during a trial and, if force was used in a crime, return it to the person from whom it was unlawfully taken. Article 184 and 185 establish that a final verdict bars retrial for the same acts, but if new facts reveal a different crime not known to the court at the time, a new case may be filed.

Appeals

Right to counsel

Article 202 of Kuwait’s CCP acknowledges and accommodates legal representation during appeals. The code states that the appeal petition must be signed by the appellant or on their behalf, implying representation by a lawyer is permitted and typical. It also allows detained individuals to appeal through the prison warden, recognizing counsel is not always accessible in custody but not excluding it.

Ineffective assistance of counsel

None of the articles explicitly recognize ineffective assistance of counsel as a ground for appeal.

Other grounds for appeal

Articles 199-211 outline other grounds for appeal. Article 199 permits appeals of all first-instance verdicts (convictions or acquittals) in misdemeanors or felonies. Article 200 allows appeals of civil rulings issued by criminal courts under the same grounds as civil court appeals. Article 200 bis expands appeal rights to the Supreme Court of Appeal for public prosecutors and civil parties in misdemeanor cases. Article 201 establishes a 20-day appeal deadline from the date of ruling or opposition. Article 203 requires that the appeal file be transferred to the competent court within 3 days, and that all parties be notified. Article 204 addresses how appeals proceed in case of absence of a party; if the appellant is absent, the court may treat the appeal as void. According to Article 206 appeals may be rejected for procedural or jurisdictional defects. By Article 207 if the appeal is valid, the court must hear arguments and may conduct further investigation or witness testimony. Article 208 allows the court to uphold the ruling or correct formal defects if the conviction itself is sound. Article 209 forces the court to annul the judgment if it finds an uncorrectable formal or legal defect or that it contradicts the law. Article 210 makes no opposition (i.e., objection) is allowed against appeal judgments. Article 211 makes all death penalty rulings automatically referred to the Supreme Court of Appeal for full review. Article 212 allows appeal of any procedural or investigative action taken by the police or courts, not subject to specific form or deadline (i.e., flexible complaints mechanism).

Collateral remedies (habeas etc…)

Article 212 is the closest analog to a collateral remedy, allowing appealing any action by police, investigators, or courts at any time during proceedings, and without adhering to formal deadlines. However, the court is not obligated to rule on such appeals, and silence is treated as implicit rejection.

Rights in prison

Right to humane conditions of confinement

Regarding humane conditions in prison, Article 224 of Kuwait’s CCP establishes that no person may be held in prison without a proper detention or court order and also implies protection against arbitrary or unauthorized imprisonment. Article 225 requires a prisoner file and a central registry with admission and release details, supporting transparency and accountability in prison administration. Article 226 prohibits imprisonment in non-designated facilities, ensuring that detainees are held only in approved, regulated prisons.

Immigrant’s rights in detention

Kuwait’s CCP doesn’t outline direct protections or procedures specific to immigrant detainees.

Right to medical care in prison

Article 15 of the Constitution establishes a state-funded healthcare system that provides free treatment to Kuwaiti citizens. The Ministry of Health is responsible for ensuring prisoners’ legal right to receive necessary medical care, including access to a hospital within the prison and referrals to external hospitals. According to Advocates for Human Rights, it is unclear whether or not Kuwait permits prisoners to request and receive attention from an independent physician.

Right to mental health care

Kuwait’s CCP doesn’t explicitly guarantee mental health care in prison.

Restriction of rights

Although there are not many articles/ rules restricting rights of prisoners, the following can be interpreted as such: in Kuwait’s CCP, Article 219 allows the court to immediately enforce a prison sentence or detain a convicted person pending appeal, unless bail is granted and the person is not considered a flight risk. Article 226 mandates that imprisonment can only occur in officially designated facilities, restricting prisoners from being held elsewhere regardless of circumstance.

Rights of special populations

Women

Rule 51 of the CCP specifies that when women are arrested they must also be searched, and according to Rule 82, this search must be conducted by a woman investigator. Article 218 mandates that a pregnant woman facing the death penalty who gives birth must have her sentence commuted to life imprisonment, and women with young children are also exempt from execution. Regarding inspection of homes, if there are veiled women in the space then the investigator ought to “take into account the traditions used in their treatment” and allow them to be detained or leave the dwelling.

LGBT prisoners

Kuwait’s CCP doesn’t provide rights for the LGBTQ+ population.

Mentally ill prisoners

Rule 118 of the CCP states that if a forensic doctor determines that the accused is mentally ill and unable to defend themselves, the court or investigator must pause the proceedings until the person regains capacity. However, if the court finds that the mental illness existed before or during the crime and rendered the accused not criminally responsible, it can issue a verdict without delay. The court may also acquit the accused if innocence is clear, even without a defense. In all cases, the court may order the accused to be placed in a mental health facility or released to a relative for care, and impose custody arrangements as it sees fit.

Juveniles

According to the Child Rights International Network, Kuwait abolished the death penalty for any offenses committed under the age of 18 in March 2017. This followed a package of policies that reformed the juvenile criminal justice system under Law No. 11 which issued the “Juvenile Law.” However, the Juvenile Law (2015/111/2016) set 16 as the upper age limit for juvenile court handling, therefore opening up many older children to longer sentencing as adults and life imprisonment. The CRI claims in Kuwait, children under the age of seven cannot be held criminally responsible. Children aged seven to 15 who commit unlawful acts may be subject to penalties under the Juvenile Act, including detention in an institution. By the provisions of Rule 109, any legal actions/ complaints involving children under 21 must be brought through their guardian or representative.