التنفيذ الجنائي في القانون الكويتي

Abstract EN

This study aims to know the problems of the contemporary legislative organization of criminal implementation in Kuwait, especially since this organization has been for nearly 60 years, and this study has adopted the analytical approach based on the analysis of texts and try to interpret them and to reach a statement of what is being done in their application and try to know the extent of compatibility between the practical reality and the provisions of those texts trying to extract the defects or shortcomings contained in those texts.

In this study, we have come to the following conclusions and recommendations: First: The Kuwaiti legislator adopted the idea that thestage of criminal execution and the procedures it contained are independent and separate from the criminal case and its forms of stages, i.e.

the legislator considered this stage of the administrative procedures and not the judicial procedures.

Secondly, with regard to the implementation of criminal sentences, the Kuwaiti legislator, like many procedural laws in the Arab world, has adopted the general rule that the penal sentence cannot be carried out unless it is final, any issued by the Supreme Court of Appeal or the court of appealed misdemeanours.

Third: It was found through a review of the provisions of the Law on Procedures and Criminal Trials that the legislator has mentioned some exceptions to the general rule and some of these exceptions are in the interest of the convicted person and others are in the interest of justice and the protection of society.

Fourthly, we find that the Kuwaiti legislator in the implementation of adtic sanctions has not put in place provisions in the Law on Procedures and Criminal Trials showing how these abysoral punishments are implemented, and it makes it more difficult to implement them by not being pronounced under the provisions of the judicial ruling.