تنظيم القانون الكويتي لعقوبة الإعدام في ميزان المعايير الدولية

الملخص EN

Death penalty is a life ending punishment and is considered the most severe form of penalty.

it has been acknowledged by divine laws and implemented in all communities since ancient times, where its application was associated with the torture of the convict.

because death sentence is a very severe punishment, it is regulated differently amongst the countries of the world; while some abolished it other still implement it.

therefore, international human rights treaties and organizations played a role in the abolishment of this penalty, or at least limiting its application.

nonetheless, various countries, especially in the Arab world, continue to apply such punishment despite its harshness.

therefore, placing certain guarantees and controls was necessary to ensure that its application is limited to the narrowest extent possible.

among such controls is the postponement of the punishment on pregnant women.

in this regard, we find that the Kuwaiti law substituted the death punishment with life imprisonment for pregnant convicts to protect the newborn.

also, the Kuwaiti law excludes minors from such sentence.

in summary, we found that the position of the Kuwaiti legislator was not far away from the international standards when it comes to the defendant's guarantees and exemptions as codified in most laws and demanded by international and human rights organizations.