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Debtor imprisonment reinstated under Kuwait’s Bankruptcy Law

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KUWAIT CITY, April 1: Decree-Law No. 58/2025 amended Article 5 of Bankruptcy Law No. 71/2020 on “Arrest Orders, Subpoenas, and Detention of Debtors,” outlining the controls to be incorporated into the amended Civil and Commercial Procedures Law, reports Al-Seyassah daily. Article 1 of the decree, which was published in the official gazette Kuwait Al-youm, specifies that the phrase regarding the nullification of “Articles 292, clauses one, two, and four of Articles 293, 294, 295, and 296 of Decree- Law No. 38/1980,” included in Article 5 of Law No. 71/2020, shall be deleted.

The explanatory memorandum states the following: Article 5 of Bankruptcy Law No. 71/2020 repealed Articles 292, clauses one, two, and four of Articles 293, 294, 295, and 296 of Decree- Law No. 38/1980, which governs the Civil and Commercial Procedures Law, leading to the lapse of all arrest warrants and the imprisonment of debtors. It was then decided to reinstate the debtor imprisonment system with the controls to be included in the Civil and Commercial Procedures Law. This necessitates an amendment to the text of Article 5 of Law No. 71/2020.

This amendment is considered one of the most important measures creditors use to compel debtors to pay. Furthermore, following the issuance of the Amiri Order on 5/10/2024, which stipulated in Article 4 that laws shall be issued by decrees with the force of laws, the draft bankruptcy decree-law was prepared. Its first article mandates the deletion of the phrase that cancels the articles from the aforementioned Civil and Commercial Procedures Law.

Article Two requires the ministers, each in their capacity, to implement this decree-law, effective from the date of its publication in the official gazette. Meanwhile, the official gazette Kuwait Al-youm also published Decree-Law No. 59 of 2025, which amends certain provisions of the Civil and Commercial Procedures Law. These amendments aim to strengthen pressure mechanisms to encourage solvent debtors to repay their debts, eliminate obstacles to debt settlement wherever possible, and take into consideration the circumstances of insolvent debtors.

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Kuwait Visa Fraud: Officials and Company Owner Held Over 382 Fake Worker Permits

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KUWAIT CITY, Oct 1: A detention renewal judge ordered the continued detention of a Kuwaiti company owner, several expatriates, including Egyptians and a Palestinian, and a supervisor and acting manager at the Public Authority for Manpower, all of whom are involved in one of the largest residency trafficking cases in the country. The Public Prosecution accused them of issuing fake licenses to recruit 382 workers under the names of 28 non-existent companies, charging between KD 800 and 1,000 per worker. Investigations revealed that some employees at the Public Authority for Manpower accepted bribes of KD 200 to 250 per worker to facilitate issuing these licenses.

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

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Kuwaiti Fined KD 10,000 for Insulting Kuwaiti Society in Viral Video

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KUWAIT CITY, Oct 1: The Criminal Court fined a citizen, identified only as “A. M.”, KD 10,000 for insulting a segment of society. The Public Prosecution charged the defendant with insulting a segment of Kuwaiti society through a video clip that went viral on social media. The defendant denied the charges. Also, the Criminal Court imposed a fine of KD 50,000 on Dr. Abdul Mutalib Behbehani for inciting sectarian strife through posts he uploaded on his X account that contained statements the court deemed likely to undermine national unity and harm the social fabric. The Misdemeanor Court of Cassation overturned the verdict issued by the Misdemeanor Court of Appeal, which sentenced two brothers to two years in prison with hard labor on charges of alcohol trafficking. The ruling was deemed invalid because the Court of Appeal adjudicated the case directly without referring it back to the Court of First Instance, violating the principle of two-stage litigation. The Misdemeanor Court initially ruled that it lacked subject-matter jurisdiction over the misdemeanor of alcohol trafficking and referred the case to the Criminal Court, considering it a case of recidivism. However, the Court of Appeal ruled that it had jurisdiction and proceeded to hear the case, ultimately issuing the prison sentence.

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

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Indian Man, Nepali Woman Face Trial in Kuwait Murder Cases

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KUWAIT CITY, Oct 1: The Criminal Court adjourned the trials of two expatriates until October 14 – an Indian man accused of murdering his wife in Farwaniya, and a Nepalese female domestic worker accused of murdering her infant daughter in Abu Halifa by placing her in a bag for disposal. In addition, the detention renewal judge ordered the continued detention of a man accused of killing his young friend in Firdous during a quarrel between them.

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

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