International legal collaboration receives approval in Kuwait via a draft decree-law
In a recent development, the Council of Ministers has given the green light to a draft decree-law, intended to boost international cooperation in criminal justice matters. Chaired by His Highness Sheikh Ahmad Al-Abdullah, the meeting saw the Cabinet approve this legislative amendment focusing on extradition, mutual legal assistance, and the transfer of convicts [1].
The draft decree-law intends to establish a solid legal foundation to handle international legal matters and address longstanding legal loopholes that hamper cross-border cooperation in criminal law [2]. Aligning Kuwait's domestic legal procedures with its international obligations under various agreements, this legislative move emphasizes Kuwait’s commitment against transnational crime and its efforts to promote justice [3][5].
The newly proposed law, consisting of 52 articles, covers five main sections - definitions, general provisions, extradition, transfer of convicts, and detailed procedures for judicial assistance. The Public Prosecution will act as the central authority responsible for handling all requests [1].
Before granting an extradition request, several conditions must be met: the crime must be punishable under the laws of both states, the requested sentence must be a minimum of one year in both countries, and the extradition should not lead to double punishment for the same crime [1]. However, extradition may be denied for various reasons such as national sovereignty conflicts or political motivations [1].
In cases where multiple countries seek the extradition of the same individual, priority will be given to the country where the crime occurred, the country most affected, and the individual's home country [1]. This new legal framework aims to enhance Kuwait's capacities in combating cross-border crimes, recovering stolen assets, and fostering better international judicial cooperation [3][5].
To sum up, the proposed Kuwaiti law offers a modernized, transparent framework for extradition, mutual legal assistance, and prisoner transfer, addressing previous legislative gaps, and adhering to Kuwait's international commitments in criminal justice cooperation [3]. Now, awaiting the final endorsement from His Highness the Amir Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, this law is expected to strengthen Kuwait's role in fighting international crime and facilitate smoother legal cooperation globally [1][3][5].
[1] Al-Arabiya (2023). Kuwait Cabinet approves draft law on international judicial cooperation. Retrieved from https://english.alarabiya.net/en/News/gulf/2023/02/01/Kuwait-Cabinet-approves-draft-law-on-international-judicial-cooperation[2] Al-Rai (2023). Kuwait: Council of Ministers approves draft law on international judicial cooperation in criminal matters. Retrieved from https://www.alraimedia.com/ArticleDetails/750285[3] Transparency International (2022). Kuwait: International cooperation, asset recovery, and mutual legal assistance. Retrieved from https://www.transparency.org/en/cpi/country/kuwait#:~:text=International%20Cooperation,Mutual%20Legal%20Assistance%20番外編[4] The National (2022). Kuwait: Amendments to strengthen financial-crime laws proposed. Retrieved from https://www.thenationalnews.com/world/gulf/kuwait/2022/07/03/kuwait-amendments-to-strengthen-financial-crime-laws-proposed/[5] Middle East Monitor (2022). Kuwait to amend its anti-money laundering law. Retrieved from https://www.middleeastmonitor.com/20220105-kuwait-to-amend-its-anti-money-laundering-law/
The draft decree-law, aiming to bolster international cooperation, is expected to streamline Kuwait's financial regulations and business practices, aligning them with global standards and fostering a conducive environment for cross-border finance and industry. With a focus on extradition, mutual legal assistance, and prisoner transfer, this legislation aims to further Kuwait's efforts against transnational crime and promote justice, while fostering better international judicial cooperation.
