The criminal (public) case in Kuwait and some other Arab States
Dr. Weam AlMasri
Assistant Professor – Kuwait International Law School
Abstract:
This paper discusses the legal status and the current situation of the criminal (public) case in the criminal procedural system in Kuwait upon the Kuwaiti constitution and applicable laws. It examines the status of the public case in some Arab States (Arab Gulf countries and Egypt). The researcher shows that the main problem for raising a criminal case on behalf of society resides in the fact that the Kuwaiti legislator follows an individual plan, even if the circumstances in Kuwait used to allow it, but this does no longer follow the criminal procedures and the settled rules in comparative law. Therefore this paper suggests some solutions that would contribute to sorting out this legal problem for the disappearance of the reasons, circumstances and considerations that made the constitutional legislator provide such an exception in the first place.