Judicial reform under the guidance of the highest leadership
Classifying bounced checks as a payment instrument is inconsistent with reality.
Credit cards and gold should not be considered criminalized payment methods.
Certain violations are being described in a manner that does not reflect their legal reality.
The burden of reform is heavy and requires effort, perseverance, and careful deliberation to avoid mistakes that could create loopholes criminals might exploit to evade punishment. In light of this, the highest authorities have stressed the importance of completing the process quickly, but without haste. Informed sources highlighted the current focus of the judiciary and the Minister of Justice on amending laws related to the judicial system, the Penal Code, and penalties. The sources said, 'Amir's speeches have urged updating these laws to keep pace with global developments,' as there are over 900 outdated laws requiring revision. Higher instructions have been given to the Minister of Justice and his carefully selected team to update approximately 46 laws related to the Ministry of Justice, ensuring that the amendments take into consideration humanitarian aspects. Around 15 laws have already been amended, while others are still under study and development or have been referred to the Fatwa and Legislation Department.
In addition, 12 laws are now being implemented following the ratification of their amendments. The ultimate goal of the political leadership is to create a society with modern legislation that preserves human dignity, prevents injustice, and limits inconsistencies in judicial rulings. All of this is being carried out under the close supervision and follow-up of the highest leadership, especially regarding amendments related to human rights, to align with Kuwait's global image.' These sources further revealed that international conferences, including one in Geneva next month, will hold discussions on issues related to terrorism, money laundering, and national rights. They said the conference will provide an opportunity to highlight the accomplishments of the Ministry of Justice and its Minister Nasser Al-Sumait.
The sources indicated that Kuwait has unfortunately fallen behind in amending these laws, and that Minister of Justice Nasser Al- Sumait, along with some of his advisors, will participate in two international forums scheduled for June. They said the Ministry of Justice has completed the required task after a long struggle to meet the international community's demands regarding human rights issues, adding that the strictness of certain laws concerning financial and civil matters, under the guise of protecting rights, has placed Kuwait under increased international scrutiny.
The judicial sources explained that there is a misunderstanding regarding the term 'payment tool,' which has been used as a justification for harsh treatment and imprisonment of individuals who issue checks without sufficient funds. This misunderstanding extends to credit cards, gold cards, and other similar instruments, which, despite being 'payment tools,' are not subject to legal punishment. Certain violations, such as exam leaks, lack a clear legal definition, leading to judicial rulings that contradict the reality of the situation. The sources emphasized the importance of some ministries, such as the Ministry of Interior and the Ministry of Justice, in distancing themselves from the responsibility of collecting debts on behalf of usurers and moneylenders who charge exorbitant interest rates.
They confirmed that the primary mission of these ministries is to ensure public security and administer justice. They said creditors are responsible for safeguarding their assets by thoroughly investigating a borrower's financial situation, to prevent individuals from facing imprisonment for issuing bounced checks. In confirmation of a report published by the daily a few days ago about the unjustified harshness faced by debtors, judicial sources stated, 'The primary mission of the Council of Ministers, in its legislative capacity, is to work towards achieving justice for all, particularly for insolvent debtors who are being unjustly treated.' They highlighted the importance of the first step in this direction: the cancellation of salary garnishments for debtors, adding that further actions are required to ensure Kuwait does not become the subject of international criticism during the conferences scheduled in June. In conclusion, the sources emphasized that no loopholes will be left that could harm Kuwait's reputation internationally, adding, 'The orders from the highest leadership are clear regarding preserving human dignity and providing a suitable environment for citizens to work without undue stress or disruption'.
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