What Does a Criminal Lawyer in Kuwait Actually Do, and What Are Your Rights from the Moment of Arrest?
A criminal lawyer in Kuwait is a lawyer who specialises in defending accused persons and representing victims in the criminal cases governed by the Penal Code No. 16 of 1960, the Criminal Procedure Law No. 17 of 1960 and the special statutes that define offences. The role begins at summons or arrest and runs through the investigation before the Public Prosecution in felonies or the Ministry of Interior investigations department in misdemeanours, then trial, appeal and enforcement. One of the first things that shapes a suspect's position is that arrest may not exceed four days in felonies and 48 hours in misdemeanours before a written pretrial detention order is issued, and that pretrial detention itself is time-limited.
- What is a criminal lawyer in Kuwait?
- The cases a criminal lawyer in Kuwait handles
- The stages of a criminal case in Kuwait
- Pretrial detention in Kuwait: limits and safeguards
- Your rights from the moment of arrest
- Criminal-law developments in 2025 and 2026
- How to check a criminal lawyer before instructing one
- Frequently asked questions
What is a criminal lawyer in Kuwait?
Criminal law in Kuwait is broad, covering offences against persons and property, traffic, cybercrime, family, publishing and more. A criminal lawyer in Kuwait carries out the following tasks:
- Following the investigation with the suspect and building the defence from the first moment.
- Challenging arrest and pretrial detention and lodging grievances against them.
- Reviewing the case file, analysing the evidence and raising defences.
- Pleading before the trial court and appealing to the Court of Appeal and the Court of Cassation.
- Representing the victim in the criminal case and bringing a compensation claim.
- Following enforcement, and applying for rehabilitation once the sentence has been served.
The cases a criminal lawyer in Kuwait handles
| Type of case | Examples | Reference |
|---|---|---|
| Negligent death and injury, traffic accidents | Fatal or injury-causing road accidents | Penal Code Arts. 44, 154 and 164 (as amended by Decree-Law 65 of 2025) and the Traffic Law (Decree-Law 67 of 1976) |
| Evading payment of a debt | Hiding or moving assets to avoid enforcement of an enforceable instrument | Penal Code Arts. 283 to 286 (Decree-Law 65 of 2025) |
| Cheques and financial offences | Cheques without funds | See our guide to bounced cheques in Kuwait |
| Cybercrime | Defamation, threats and extortion online | Law No. 63 of 2015 |
| Money laundering | Concealing the source of funds and dealing with them | Law No. 106 of 2013 as amended |
| Family offences | Domestic violence | Decree-Law No. 11 of 2026 |
| Juvenile cases | Offences by those below the age of criminal majority | Juvenile Law No. 111 of 2015 (amended by Decree-Law 70 of 2026) |
| Terrorism and state security | Offences assigned to dedicated criminal circuits | Decree-Laws 47 and 51 of 2026 |
| Media and advertising | Advertising without a licence, prohibited content | Decree-Law 102 of 2026; see Kuwait's new media law |
| Commercial concealment | Enabling an unlicensed person to practise an activity | Decree-Law 78 of 2026 |
The stages of a criminal case in Kuwait
- Evidence-gathering and arrest: the police may arrest on a written order, without an order in felonies where there is strong evidence, in specified misdemeanours such as theft, fraud, serious assault, unlicensed weapons and resisting public officials, and in flagrant misdemeanours (Articles 53 to 56 of the Criminal Procedure Law).
- Investigation: conducted by the Public Prosecution in felonies and the Ministry of Interior investigations department in misdemeanours; the accused must be interrogated before a pretrial detention order is issued.
- Pretrial detention or release: the investigator either orders detention for limited periods or releases the accused.
- Disposal of the investigation: either the file is closed or the accused is referred to the competent court.
- Trial: the Felony Circuit of the Court of First Instance hears felonies, misdemeanour courts hear misdemeanours, and judgments are appealed to the Court of Appeal.
- Challenging the judgment: appeal, then cassation, with a petition for reconsideration (Article 213 onward) as an extraordinary remedy against final judgments.
- Enforcement and rehabilitation: serving the sentence or paying the fine, then rehabilitation under the law.
Pretrial detention in Kuwait: limits and safeguards
Pretrial detention is an investigative measure, not a punishment. Its periods have changed more than once, and the position settled on Law No. 35 of 2016, which amended Articles 60 and 69 of the Criminal Procedure Law.
| Issue | Rule |
|---|---|
| Arrest before a detention order (Article 60) | No more than 4 days in felonies and 48 hours in misdemeanours; after that the arrested person may not be held except under a written order from the investigator for pretrial detention |
| First detention period (Article 69) | If the investigation requires detention to prevent flight or interference with the investigation: up to 3 weeks in felonies and 10 days in misdemeanours from the date of arrest |
| Renewal | The accused is brought before the president of the competent court before the period ends. In felonies it is renewed in short periods and total detention may not exceed 80 days |
| Who may order it | The Public Prosecution in felonies, the investigator in misdemeanours, and the court during trial. The police may not order pretrial detention |
| Conditions of the order | It must be written, signed and stamped, state the period, the accused's name, the case number and the charge, and be preceded by interrogation of the accused |
| Grievance | A grievance may be lodged against the order, and the law sets a short period for doing so, so do not delay it |
| Opinion cases | Pretrial detention provisions do not apply to a person exercising the right to express an opinion and publish it in speech, writing, drawing or otherwise, including through media and social media (last paragraph of Article 69, Law No. 1 of 2021) |
For a peer-reviewed study of how Kuwait's pretrial detention rules developed, see the Kuwait International Law School journal study.
Your rights from the moment of arrest
- Personal liberty is guaranteed: no one may be arrested, detained, searched or have their liberty restricted except under the law, and no one may be subjected to torture or degrading treatment (Articles 30 and 31 of the Constitution).
- The accused is presumed innocent: until convicted in a lawful trial that secures the guarantees needed to exercise the right of defence (Article 34 of the Constitution).
- An arrest order must be written: an oral order may be carried out only in the presence of the person who gave it and under their responsibility.
- International rights of detainees: Article 9 of the International Covenant on Civil and Political Rights, which Kuwait has ratified, requires that a detained person be told promptly of the reasons for arrest and of any charge, and be able to have a court decide without delay on the lawfulness of the detention.
In practice, anyone summoned or arrested should ask to contact a lawyer, not sign any statement they do not understand, note the time of arrest and the authority that carried it out, and keep the documents and messages connected with the incident.
Criminal-law developments in 2025 and 2026
| Instrument | What is new |
|---|---|
| Decree-Law 65 of 2025 (amending the Penal Code) | Raised the penalty for negligent killing to up to 3 years' imprisonment and a fine of KD 500 to 1,000, increased to up to 5 years and KD 1,000 to 2,000 where it involves intoxicants or drugs, the death of two or more people, or failure to help the victim, and up to 10 years where two or more of these combine. It revised and aggravated negligent injury in a similar way, and created the offences of evading payment of debts (Articles 283 to 286), where the criminal case lapses if the accused pays the debt, settles with the creditor or is pardoned. Official text |
| Decree-Law 51 of 2026 | Dedicated criminal circuits for state-security and terrorism offences, deciding cases expeditiously, with no civil claims admitted before them |
| Decree-Law 47 of 2026 | On combating terrorism offences |
| Decree-Law 80 of 2026 | The Judicial Organisation Law, which permits trials, hearing of witnesses and judicial procedures by electronic means under specified controls |
| Decree-Law 70 of 2026 | Amends certain provisions of the Juvenile Law |
| Decree-Law 11 of 2026 | On protection from domestic violence |
Criminal provisions change quickly, so assessing any accused person's position requires checking the version in force when the act occurred and when judgment is given.
How to check a criminal lawyer before instructing one
- Registration: confirm the lawyer's entry in the Kuwait Bar Association rolls and the registration number.
- Court level: ask whether they are admitted before the Court of Appeal and the Court of Cassation.
- Comparable experience: ask for examples of cases like yours, since traffic offences differ from cybercrime and financial offences.
- A written agreement: a fee agreement defining the stages covered before work begins.
- Be wary of promises: no one can guarantee the outcome of a case, because the judgment is the court's.
For official services you can consult the Kuwait Ministry of Justice.
Facing a summons, an arrest or a criminal case?
Al-Dostour Law Firm handles misdemeanour and felony cases, traffic accidents, and financial and cyber offences, in full confidence and in Arabic and English.
Call +965 2220 4084WhatsApp usFrequently Asked Questions
What does a criminal lawyer in Kuwait do?
Defends the accused or represents the victim in criminal cases, from summons, arrest and investigation through trial, appeal and enforcement.
How long can someone be held before a pretrial detention order?
No more than 4 days in felonies and 48 hours in misdemeanours; after that they may be held only under a written order from the investigator for pretrial detention (Article 60).
Who can order pretrial detention?
The Public Prosecution in felonies, the investigator in misdemeanours and the court during trial. The police cannot, and the accused must be interrogated before the order is issued.
How long can pretrial detention last in Kuwait?
Up to 3 weeks in felonies and 10 days in misdemeanours from the date of arrest, after which the accused is brought before the president of the competent court for renewal, with total detention not exceeding 80 days in felonies (Article 69).
Can someone be held in pretrial detention for expressing an opinion?
No. Pretrial detention provisions do not apply to a person exercising the right to express and publish an opinion, including through media and social media, under Law No. 1 of 2021.
What is the penalty for negligent killing in a road accident after the amendment?
Up to 3 years' imprisonment and a fine of KD 500 to 1,000, or either, increased to up to 5 years where it involves intoxicants or drugs, the death of two or more people or failure to help the victim, under Decree-Law 65 of 2025.
Does a criminal case for evading a debt lapse if the accused pays?
Yes. The criminal case lapses at any stage if the accused pays the debt, settles with the creditor or is pardoned, under Article 283 of the Penal Code.
Can a criminal judgment be challenged?
Yes, by appeal and then cassation, with a petition for reconsideration against final judgments. Time limits are short and run from the judgment, so do not delay consulting a lawyer.
