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36 Bottles of Booze, But No Crime? Kuwait Court Frees Suspects Over Legal Error

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KUWAIT CITY, July 31: The Misdemeanor Court acquitted two individuals charged with liquor trafficking after they were arrested in an entrapment set up by the Drug Control General Department, citing invalid arrest and search procedures. In its ruling, the court affirmed that the arguments presented by Attorney Abdul Mohsen Al-Qattan (the defendants’ lawyer) regarding the invalidity of the arrest and search warrant, as it was issued after expiration, are valid and based on the provisions of the Code of Criminal Procedure.

The court cited Article 44 of the Code, stipulating that a written search warrant must be issued when necessary, which was not the case when the defendants were arrested. It asserted that mere suspicion or observation of the defendants in an abnormal condition does not constitute a case of flagrante delicto that justifies an arrest without a warrant. The Public Prosecution charged the defendants with possessing alcoholic beverages for trafficking, after they were arrested in Hawally when a secret agent gave them marked money to purchase the liquor.

A total of 27 Chivas Regal bottles and 36 Black Label bottles were confiscated from the defendants, in addition to cash amounting to KD395. The arresting officer indicated that the defendants admitted that the confiscated items belonged to them for sale. However, Al-Qattan argued that the search warrant was not valid at the time of arrest, which renders the arrest and subsequent search invalid, as well as the evidence derived from such procedures. The court accepted this argument and acquitted the defendants.

By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff and Agencies 

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61-Year-Old Arab Expat Found Dead Inside Workplace

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KUWAIT CITY, Oct 13: A 61-year-old Arab expatriate was found dead last night after reportedly committing suicide by hanging himself with a rope inside his workplace in the Al-Mutlaa area. A Kuwaiti citizen alerted the Ministry of Interior’s Operations Room after discovering the body. Upon receiving the report, security personnel, detectives, forensic experts, and the Deputy Public Prosecutor immediately rushed to the scene. The Deputy Public Prosecutor ordered the removal of the body and its referral to the Forensic Medicine Department for examination. He also instructed security officers to register the case as a “suicide” and directed detectives to conduct a thorough investigation into the incident.

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Hearing put off in wife murder case

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KUWAIT CITY, Oct 13: The Criminal Court adjourned to October 27 the case filed against a citizen who is accused of murdering his wife in Mutla’a desert on the first day of Eid al-Fitr. According to the case files, the defendant lured his wife to a remote area in Mutla’a and deliberately ran her over with his vehicle, causing her immediate death. Security forces arrested the defendant a few hours after the crime. He was referred to the Criminal Court after the Public Prosecution completed its investigation and charged him with deliberate and premeditated murder.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff

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No Punishment Without Evidence, Acquits Man In Sorcery Case

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KUWAIT CITY, Oct 13:The Misdemeanor Court acquitted a defendant of fraud through sorcery, after it was determined that the accusation was tainted by ignorance and failed to identify any victims. The court explained that criminal rulings are based on certainty and conviction, not doubt and speculation. It emphasized that there is no crime or punishment without a text, and that Kuwaiti legislation has no explicit provision criminalizing sorcery or sorcery. Attorney Abdul Mohsen Al-Qattan, who appeared in court on behalf of the defendant, argued that the Public Prosecution’s arrest and search warrant was invalid, as it was based on frivolous investigations related to a crime that had yet to occur.

The court responded to this argument by stating that the warrant was issued based on explicit and clear investigations that included sufficient information that justify its issuance. It pointed out that the seriousness of such investigations is subject to the investigative authority under the supervision of the trial court, and that it is not subject to review as long as the warrant was issued in connection with a crime that was committed. The court then tackled the merits of the case, indicating that the crime of fraud, under Articles 231 and 232 of the Penal Code, entails fraud that leads to the delivery of funds based on legally defined deception.

This was not proven in the case at hand, as the documents contained no evidence of the delivery of funds or the identification of victims. The court added that the accusation presented by the prosecution was vague and lacked a precise statement of the facts, rendering the crime tainted by obfuscation and preventing the formation of a definitive judicial opinion. The court acquitted the defendant, pursuant to Article 172/1 of the Code of Criminal Procedure.

By Jaber Al-Hamoud

Al-Seyassah/Arab Times Staff

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