Latest news with #LawNo.31of1970
Arab Times
01-07-2025
- Politics
- Arab Times
Refusing To Implement Court Rulings in Kuwait? Now Penalties Increased
KUWAIT CITY, July 1: The Council of Ministers has approved a draft decree-law amending Article 58 bis of Law No. 31 of 1970, which governs penalties for public employees who deliberately refuse to implement enforceable judicial rulings. The proposed amendment aims to enhance the legal framework by increasing penalties and extending the timeframe for compliance, thereby reinforcing respect for the judiciary and safeguarding the rule of law. Under the new provisions, any competent public employee who intentionally fails to implement a judicial ruling within 90 days of official notification—via regular means or modern electronic communication—will face imprisonment for up to two years and a fine ranging from KD 3,000 to KD 20,000, or one of these penalties. This represents a significant increase from previous fines, which were deemed insufficient to deter violations. If the employee abuses their official authority to obstruct execution of the ruling, the penalty increases to imprisonment for up to one year and a fine between KD 2,000 and KD 10,000, or one of these penalties. Courts are also granted discretionary power to order the dismissal of employees convicted under these provisions, allowing judges to tailor punishments to individual circumstances. The draft clarifies that the Public Prosecution will have exclusive jurisdiction to investigate and prosecute such offenses, with criminal proceedings ending if the employee complies with the ruling at any stage. This measure is intended to encourage timely enforcement and uphold judicial finality. The amendment follows observations that the prior 30-day compliance window was often insufficient for administrative procedures, prompting the extension to 90 days to provide a more realistic timeframe. Notifications may be delivered through traditional or electronic means consistent with the Civil and Commercial Procedures Law. The explanatory memorandum underscores the importance of enforcing judicial rulings as fundamental to justice and the constitutional principle of separation of powers, as outlined in Article 50 of Kuwait's Constitution. It further notes that the amendment aligns with Amiri Order No. 4 of 2024, which mandates laws be enacted through decree-laws. Article 2 of the draft stipulates that the Prime Minister and relevant ministers are responsible for implementing and publishing the decree in the Official Gazette, making it effective immediately upon publication.
Arab Times
29-01-2025
- Politics
- Arab Times
Fake X Accounts Land Two in Jail for Insulting Kuwait's Amir
Kuwait City, Jan 29: The Court of Appeal, presided over by Judge Dr. Fahd Bousleib, has upheld the rulings issued by the Criminal Court against two individuals who used fake social media accounts to insult His Highness the Amir and other Gulf leaders. In the first case, an individual operating under the pseudonym ' Salty Cheese ' was sentenced to two years of imprisonment with hard labor for publicly challenging the rights and authority of His Highness the Amir. The court found that the accused had deliberately posted a tweet in September 2024, using the social media platform X (formerly Twitter), that contained direct insults and attacks against Amir's position. The court ruled that the accused had 'intentionally sought to discredit and undermine the Amir's authority,' asserting that the content of the post was explicit and left no room for interpretation. Citing Article 54 of Kuwait's Constitution, which declares the Amir's position as inviolable, and Article 25 of Law No. 31 of 1970, which protects the Amir's dignity and authority, the court concluded that the tweet constituted an unlawful attack on the state's leadership. The ruling also emphasized that such offenses threaten national stability, weaken public respect for the Amir, and violate constitutional principles. The court sentenced the accused under Article 172 of the Code of Criminal Procedure and Article 84 of the Penal Code, applying the harsher penalty applicable to the offense. Additionally, the mobile phone used to commit the crime was confiscated. Four-Year Prison Sentence for 'Majid' In the second case, the court upheld a four-year prison sentence for another individual, operating under the alias 'Majid', for posting tweets in August 2024 that insulted the Amir and criticized the rulers of Saudi Arabia and the United Arab Emirates. The court found that these posts were likely to harm diplomatic relations between Kuwait and the two Gulf nations. The accused confessed to creating and operating the fake account solely for insulting leaders. Based on this admission, along with corroborating evidence from the investigation, the court concluded that the elements of the crime were fully established. Under Articles 15 and 25 of Law No. 31 of 1970, Kuwaiti law stipulates that any individual who spreads false or malicious news about the internal affairs of the country or publicly challenges the Amir's authority may face imprisonment of up to five years. The court ruled that Majid's posts met these criteria and ordered a four-year sentence with hard labor, along with the confiscation of all communication devices used in committing the crime. The court also mandated the deletion and destruction of all offensive messages obtained from the accused's accounts. These rulings reaffirm Kuwait's strict stance on offenses related to state security and public order, reinforcing legal protections for the Amir's position and diplomatic relations with allied nations.
