Pretrial Detention in the Kuwaiti Code of Criminal Procedure and its Amendments Compared to French and Egyptian Laws: A Critical Analytical Study
Dr Iqbal Khalil Al Qallaf
Assistant Professor of Criminal Law
Law Department, College of Business Studies
PAAET, State of Kuwait
Abstract:
The pretrial detention order was issued under the Kuwaiti Criminal Procedures and Trials Law No. 17 of 1960. However, the legislator introduced an amendment in Law No. 3 of 2012, through which he reduced the period of arrest and pretrial detention in felony and misdemeanor crimes. However, due to the difficulties that appeared during its implementation, it was proven that it could not be applied to all types of crimes. And because this amendment caused clear shortcomings, and the impossibility of its application in a way that achieves justice; this prompted the legislature to repeal it and introduce another amendment, Law No. 35 of 2016. Therefore, it was necessary to examine and study these amendments to identify the loopholes raised by their actual implementation and the consequences of crimes committed since their amendment in 2012, by highlighting the flaws raised by their practical application. The researcher will review these amendments to felonies, misdemeanors, and publishing crimes, comparing their provisions with those contained in both Egyptian and French law.
Keywords: Reducing the period of pretrial detention, minimum and maximum periods of pretrial detention in misdemeanors and felonies, pretrial detention in Egyptian law, pretrial detention in French law, and electronic bracelet.