Code of Criminal Procedure and Trials
State of Kuwait · 237 stored articles
Article index
Search statutory textsArticles 1 – 5041
- Article 1No criminal punishment may be imposed except after a trial conducted in accordance with the rules and procedures prescribed by this Law.
- Article 2The criminal courts shall try persons accused of committing felonies and misdemeanours within the limits provided for in this Law and in accordance with the procedures…
- Article 5A judgment in a misdemeanour imposing a fine not exceeding forty dinars may not be appealed by the convicted person but may be appealed by the prosecutor. A judgment of…
- Article 6The Misdemeanour Appeals Court shall hear appeals brought before it against judgments rendered in misdemeanour cases, and this court shall consist of three judges of the…
- Article 7The Criminal Court shall consist of three judges of the Court of First Instance and shall hear all felony cases brought before it.
- Article 9The Public Prosecution shall exercise the authority to investigate, dispose of and prosecute felonies. The authority to investigate, dispose of and prosecute…
- Article 10Judges, the Public Prosecutor, members of the Public Prosecution and investigators may, while exercising their powers prescribed in this Law or any other law, seek the…
- Article 11All officers of the public authority shall execute the orders of the judicial authorities issued in accordance with this Law, and they may use force in executing them…
- Article 12No investigator or person with judicial authority may use torture or coercion to obtain statements from an accused person or witness, or to prevent him from stating what…
- Article 13Every individual must provide investigators and judicial officers with such possible assistance as they request while exercising their lawful authority to arrest accused…
- Article 14Every person who witnesses the commission of a crime or learns of its occurrence must immediately report it to the nearest police or investigating authority. Anyone who…
- Article 15The court or investigator may require any person to appear before it or him if this is necessary for the investigation being conducted, by serving that person with an…
- Article 18A- If it is not possible to deliver a copy of the notice to the person summoned to appear or to one of his relatives residing with him at his place of residence, because…
- Article 19The person who effected service must return to the person issuing the order its copy signed by the recipient of service or the witnesses, bearing a declaration signed by…
- Article 20The rules concerning service of a summons shall apply to service of all documents, unless the law provides otherwise.
- Article 21If a person to whom an order to appear has been issued fails to appear at the specified time, an order for his arrest may be issued, whether he is an accused person, a…
- Article 22 مكررWithout prejudice to the procedures for service prescribed in Chapter Two of this Law ) Order to Appear (, the court or the investigator, as the case may be, may serve…
- Article 23Preventive measures are orders established by law to prevent crimes from occurring before they are committed, issued by the courts in accordance with the rules set forth…
- Article 24When rendering a judgment convicting an accused of a felony or misdemeanor liable to disturb public security, the court may, if it finds that he has criminal tendencies…
- Article 26The Chief of Police and Public Security may request the Public Prosecution to submit a separate application to the Criminal Court to obtain an order for one of the…
- Article 27An independent application for a preventive order shall be submitted to the court in accordance with the ordinary procedures for instituting proceedings, and the Public…
- Article 28An order to sign an undertaking shall be executed at the hearing at which it is issued. As for an order to provide a personal surety or deposit financial security, the…
- Article 29The amount of the undertaking whose execution is directed by the preventive order must not be excessive, and the means and circumstances of the person giving the…
- Article 30The amount of financial security shall remain the property of the person who paid it unless a judgment ordering its confiscation is issued. The amount must be returned…
- Article 31If the person refuses to sign the undertaking before the court that ordered it, or refuses to provide the personal surety or deposit the financial security within the…
- Article 32If the circumstances necessitating a preventive order change before its term expires, the person against whom it was issued may submit a grievance to the court that…
- Article 33If the person giving the undertaking commits a crime punishable by imprisonment or a more severe penalty during the period of the undertaking, the court convicting him…
- Article 34If the person giving the undertaking is not proven to have committed a crime punishable by imprisonment or a more severe penalty during the period of the undertaking,…
- Article 35A preventive measure may not be ordered again against a person whose undertaking period has expired unless a new ground arises in respect of him necessitating the…
- Article 36The investigator must investigate all felonies and may investigate misdemeanors if he finds that their circumstances or importance so require. Except as aforesaid,…
- Article 38Investigators shall exercise their powers in preliminary investigations provided for in this Part in accordance with the internal regulations issued by a decision of the…
- Article 40The police shall be competent to receive reports concerning all offences and shall examine them, collect information relating to them, and record it in the inquiry…
- Article 41While conducting inquiries, a police officer must hear the statements of persons making reports, and may summon witnesses, hear their statements and record them in his…
- Article 42While drawing up the inquiry report, the police officer shall record the statements made and the defence presented by the accused. If the accused's statements include a…
- Article 43A police officer may, if he witnesses the commission of a felony or misdemeanour, or arrives at the scene of the incident while the offence is still in flagrante…
- Article 44When a police officer conducts inquiries, if he finds that it is necessary to search a particular person or dwelling, he must submit the inquiries to the investigator.…
- Article 46Inquiry reports drawn up by police officers must be presented to the Public Prosecution or police investigators, as the case may be, for action and handling. They must…
- Article 47When the investigator receives a report or a police inquiry record concerning a particular incident, he may proceed in one of the following ways, as required by the…
- Article 48Arrest is the apprehension of a person and bringing him, even forcibly, before the court or the investigator n pursuant to an order issued thereby, or without an order…
- Article 49The person executing an arrest may use the force necessary to execute it and overcome any resistance by the person arrested or another, provided that the force…
- Article 50The person executing an arrest may enter the dwelling of the person sought for arrest to search for him, and may enter any other dwelling for the same purpose if there…
Articles 51 – 10050
- Article 51The person carrying out the arrest may conduct a preliminary search of the arrested person to deprive him of weapons and anything he might use to resist or to harm…
- Article 52Every police officer may stop any person and request particulars of his name and identity if this is necessary for the inquiries he is conducting. The police officer may…
- Article 53Police officers may arrest persons in the following cases: First: If a valid written arrest warrant has been issued to them by a person authorised to issue it under the…
- Article 54Police officers have the right to arrest the following accused persons without an order: First: Anyone accused of a felony where strong evidence supports the accusation.…
- Article 55In crimes other than the foregoing, police officers may arrest without an order a person accused of committing a misdemeanour punishable by imprisonment, if this…
- Article 56Police officers have the right to arrest without a warrant persons accused of misdemeanours in flagrante delicto. An offence shall be considered in flagrante delicto if…
- Article 57Police officers have the right to arrest in the following two cases: First: The presence of a person in a state of manifest intoxication, if he is unable to care for…
- Article 58A private individual has the right to arrest the accused in the following cases: - First: If an order or assignment to do so has been issued to him by judicial officers…
- Article 60If police officers arrest the accused in the preceding cases, or he is handed over to them under arrest by an individual, they must immediately hand him over to the…
- Article 60 مكررPolice officers shall—during the period of detention provided for in Article 60—enable the accused to contact his lawyer, or to inform whomever he sees fit of what has…
- Article 61The investigator may release the arrested accused with or without an undertaking if he sees no (1) The second paragraph was amended pursuant to Law No. 35 of 2016 (2)…
- Article 62The investigator may arrest or order the arrest of an accused person against whom serious indications supporting the accusation exist. He also has the right of arrest in…
- Article 63Every arrest order must be written, dated, and signed by its issuer, with particulars of his capacity, and shall state the name of the person to be arrested, his place…
- Article 64If an arrest warrant is addressed to police officers without specifying any of them, any one of them may execute it. If the warrant assigns its execution to a particular…
- Article 65The arrest warrant may provide for the release of the arrested person if he signs an undertaking to appear accompanied by security specified in the warrant. The person…
- Article 66The person executing the arrest warrant must bring the arrested person before the person ordering the arrest without any delay, subject to the provisions of the…
- Article 67Arrest warrants shall be enforceable throughout Kuwait and its dependencies and on all vessels flying the flag of Kuwait, whenever issued by the investigator in respect…
- Article 69If it is considered that the interests of the investigation require the accused to be held in pretrial detention to prevent him from fleeing or influencing the course of…
- Article 70If the investigation requires the accused's continued detention beyond the period provided for in the preceding article, his detention may be extended only by an order…
- Article 71The accused's statements must be heard before any decision ordering or renewing detention is issued. If a detention order is issued against an absconding accused person,…
- Article 72The investigator may, at any time, issue a decision releasing the detained accused whenever he finds that his detention is no longer justified, that his release will not…
- Article 73If the release decision is conditional upon providing a surety or depositing financial security, it shall become effective only on the date the surety signs his…
- Article 74 مكررEvery accused person—who has been detained by the police or remanded in custody—must be informed in writing of the reasons for his detention or remand, and must also be…
- Article 74 مكرراThe Public Prosecutor and members of the Public Prosecution authorized by him, and the Director-General of the General Department of Investigations and investigators…
- Article 75The accused and the victim shall have the right to attend all preliminary investigation procedures, and each may be accompanied by his lawyer in all circumstances. The…
- Article 76The investigator shall proceed to the scene of the incident to inspect it and describe the place where the crime was committed, its traces and its material…
- Article 77If the investigator has evidence or indications that a particular person possesses papers, effects or any other thing connected with the crime he is investigating or…
- Article 78Persons, their dwellings and their correspondence are inviolable. The inviolability of the person protects his body, clothing and belongings in his possession. The…
- Article 79Things enjoying inviolability may not be searched without the consent of the person concerned, except in the cases provided for by law and subject to the conditions…
- Article 80A person, his dwelling or his correspondence may be searched by the investigator or on his order, to seize objects used in the crime, resulting from it or related to it,…
- Article 81A search of a person takes place by looking for what may be on his body, in his clothing, or in the belongings he has with him, for Law Index 185 Home Page Code of…
- Article 82The search of women must in all cases be carried out by a woman appointed for that purpose by the investigator, and its witnesses shall likewise be women.
- Article 83A search of dwellings consists of entering them and searching therein for an object or trace that benefits the investigation or is necessary for it. The person searching…
- Article 84If persons are present inside the premises during the search, the person conducting the search may place them under the necessary guard if he fears that they may…
- Article 85Dwellings must be searched by day and after seeking permission from the occupants of the place. Entry at night or without seeking permission is not permissible unless…
- Article 86If there are veiled women in the dwelling and the purpose of entry is neither to apprehend nor to search them, the person conducting the search must observe the…
- Article 87Correspondence shall be searched by seizing and examining it by means appropriate to its nature. The investigator may not delegate another person to examine written…
- Article 88The person conducting the search—whether the investigator or another person—may enlist those whose assistance he needs while carrying it out, whether they are members of…
- Article 89The person conducting the search must look only for the things or traces in respect of which the search warrant was issued. However, if he incidentally discovers things…
- Article 90Movable property, except correspondence, shall not enjoy inviolability if it does not pertain to the dwelling or the person. If the investigator considers it necessary…
- Article 91Things seized, whether through a search or through independent seizure pursuant to the preceding Article, must be recorded in a report stating their descriptions,…
- Article 92The investigator may issue a decision to seize things that he examines, whether their possessor presented them voluntarily or in execution of an order issued by the…
- Article 93The expenses of maintaining seized objects shall be paid from the State Treasury, provided that the person to whom delivery of the seized objects is ordered, or the…
- Article 94Items ordered to be seized shall remain seized for as long as they are necessary for the investigation or the determination of the case. Anyone objecting to the seizure…
- Article 95If the investigator finds that the seized items are not necessary for the investigation or for adjudicating the case, he may order their immediate delivery to the person…
- Article 96If the seized item has no known owner and no one has claimed it, the investigator or the court may order that it be advertised in the manner deemed appropriate and call…
- Article 97If the trial court does not order the confiscation of the seized objects or their return to a specified person other than the person from whom they were seized, the…
- Article 98If the accused is present, the investigator shall, before commencing the investigation procedures, ask him orally about the charge against him. If the accused confesses…
- Article 99The investigator shall hear the prosecution witnesses, whether summoned by him or by the complainant or appearing of their own accord, and shall also hear the defence…
- Article 100The investigator may request any person with technical expertise in any field to express an opinion on a matter relating to the investigation, after taking the oath.
Articles 101 – 15046
- Article 101The expert shall submit his opinion in writing, and each party may submit a report from another expert in an advisory capacity. G :- Disposal of the investigation
- Article 103A decision to shelve the investigation shall entail suspension of proceedings in the action and suspension of the investigation until new evidence emerges requiring the…
- Article 104The Head of Police and Public Security may issue a decision definitively closing the investigation even where an offence exists and the evidence is sufficient, if he…
- Article 104 مكررThe victim of a felony or misdemeanour, or any of his heirs, even if he has not brought a civil claim, may submit a grievance against the decisions to close the case…
- Article 105The Public Prosecution shall conduct criminal proceedings by requesting the imposition of punishment on persons accused of felonies, in accordance with the procedures…
- Article 106Investigators shall conduct the proceedings by requesting the imposition of punishment upon accused persons in all offences in respect of which they have the authority…
- Article 107The person who conducted the investigation and disposed of the matter shall undertake the prosecution procedures in the criminal case. )4(
- Article 109Criminal proceedings may not be instituted except upon a complaint by the victim in the following offences: First: Offences of insult, defamation and disclosure of…
- Article 110The person who gave the authorisation or made the complaint has the right to withdraw it. Withdrawal shall be deemed a special pardon of the accused and shall be subject…
- Article 111Anyone who has suffered harm as a result of the offence may bring an action asserting his civil right before the court hearing the criminal case, at any stage of the…
- Article 112A civil claimant may join the person liable for civil damages in the action he brings before the criminal court or in the preliminary investigation. The person liable…
- Article 113The criminal court shall determine the claims for compensation submitted to it by the parties in the same judgment it issues in the criminal action. However, if the…
- Article 114Every civil claimant before the criminal courts may, at any stage of the proceedings, abandon his civil action before the criminal courts. Such abandonment shall not…
- Article 115If the court convicts the accused, it may, of its own motion, order him to pay compensation for the damage resulting from the offence, if the judgment creditor…
- Article 116The accused may request the court to award him civil compensation for the damage he sustained because of a malicious accusation or an accusation based on frivolity and…
- Article 117The court, or the President of the Court of First Instance during the preliminary investigation, may, at the request of the Public Prosecution, appoint a guardian ad…
- Article 118If it becomes apparent that the accused, after his referral to a forensic physician, is insane, mentally deficient, or suffering from a mental illness that renders him…
- Article 119If criminal proceedings are brought against a minor, the court or the investigator must order his guardian, his testamentary guardian, or the person caring for him to…
- Article 120A person accused of a felony has the right to retain someone to defend him, and the court shall appoint a lawyer to perform this task if the accused has not retained…
- Article 121The accused must attend all trial proceedings in person. However, he may suffice with the attendance of his representative if the offence is punishable by imprisonment…
- Article 122If the accused fails to appear in person or through a representative in the circumstances in which that is permissible, the court shall ascertain that he was duly served…
- Article 123The accused shall be considered a fugitive in the following cases: First - If he has been arrested or detained and then escaped from arrest or detention. Second: If a…
- Article 124The criminal court competent to hear the action may, in the event of the accused's flight, order the announcement of his flight. The announcement shall be published in…
- Article 125The notice concerning the fugitive accused shall contain an order for him to appear at the time specified therein. This time must be no less than one month from the date…
- Article 126The court may, at any time after the announcement concerning the fugitive accused, issue an order attaching part of his property and appointing a custodian over the…
- Article 127If the fugitive accused does not appear within the time specified for the announcement of his flight, the court may order the sale of his attached property, and the…
- Article 129Courts shall determine actions brought before them by the Public Prosecution or the investigator. Courts may not hear an action that has not been brought before them by…
- Article 130The criminal action shall be brought before the competent court by an indictment containing, in addition to the particulars required to be stated in every pleading…
- Article 131The indictment shall be submitted to the president of the competent court. The president shall order that a hearing be fixed for consideration of the case, that the…
- Article 133The court may permit the prosecutor to amend the charge sheet at any time, provided that this is done in the presence of the accused or that he is served notice thereof.…
- Article 134If the investigation reveals to the court grounds requiring modification of the characterisation of the charge by applying an Article of the law other than the Article…
- Article 135Misdemeanor cases connected with felony cases pending before the Criminal Court shall be referred to it. If it considers that the interests of justice require…
- Article 136Court hearings shall be public. By way of exception, the court may hear a case in a closed hearing if this is necessary for the truth to emerge or out of regard for…
- Article 137A clerk shall attend the court hearings and shall prepare the minutes of the hearing under the supervision of the presiding judge. The minutes shall state the names of…
- Article 138Maintaining order at and managing the hearing are entrusted to its presiding judge. He may remove from the courtroom anyone who disrupts its order or whose presence…
- Article 139The court may try anyone who, while it is sitting, commits an offence of assault against its bench or any of Law Index 195 Home Page Criminal Procedure and Trials Law…
- Article 140If a crime other than the crimes prescribed in the two preceding Articles occurs at the hearing, the court may, if it does not consider referring the case to the…
- Article 141The parties and their representatives shall always have the right to attend trial hearings, even if held in camera. None of them may be removed unless he does something…
- Article 142The court may at any time order any person to appear before it, whether accused or not accused, if the interests of the investigation so require. It may order the arrest…
- Article 143If the court finds it necessary, owing to the absence of the accused, a party or a witness, or for any other reason, to defer consideration of the case or adjourn it to…
- Article 144The court may order the accused's provisional detention in connection with the offence during the trial if the offence is punishable by imprisonment. It may order…
- Article 145The court may order the release of the detained accused if it appears to it that release would not cause any harm to the course of the investigation and that there are…
- Article 146If it appears to the court that a procedural act in the proceedings or investigation has a material defect, it may order that it be invalidated and repeated, or rule…
- Article 148The Public Prosecutor may request the Misdemeanours Court to issue a penal order imposing punishment on the accused in a misdemeanour punishable by no more than…
- Article 149When an application for a penal order is submitted to the Misdemeanours Court, it may, if it considers it expedient for any reason not to determine the case by the…
- Article 150Except in the case of summary trial by penal order, criminal courts shall themselves conduct the necessary investigative procedures in the cases before them in…
Articles 151 – 20045
- Article 152Records of investigations preceding the trial may be added to the case file. These records shall have no evidentiary authority before the courts, but the court may make…
- Article 153If one of the judiciary conducts certain investigative procedures and records them in the minutes, and another judge then succeeds him, the successor may base his…
- Article 155The court shall put the charge to the accused by reading it to him and explaining it to him. He shall then be asked whether he is guilty or not, while his attention is…
- Article 156If the accused admits at any time that he is guilty, the court shall hear his statements in detail and question him concerning them. If it is satisfied that the…
- Article 157The effect of the accused's confessions shall be limited to him alone and not extend to anyone else. None of the accused's statements shall be considered a confession…
- Article 158The accused may not be administered an oath, nor coerced or induced by any means to answer or to make particular statements. The accused's silence or refusal to answer a…
- Article 160If the offence is punishable by imprisonment for a period exceeding seven years or by a more severe penalty, more than one person participated in its commission, and the…
- Article 161If it becomes apparent that the accused who was promised a pardon deliberately concealed certain important facts, made statements he knew to be false, or attempted to…
- Article 162If the accused denies that he is guilty, or refuses to answer, the court shall commence the investigation by hearing witnesses and experts and taking whatever measures…
- Article 163The accused and the other parties may at any time request that any witnesses they deem appropriate be heard, and request that a particular investigative procedure be…
- Article 164The court may, of its own motion, summon any witness whose statements it considers necessary to hear or whom it considers necessary to question again. It may also hear…
- Article 166A witness is required to take the oath if he is of sound mind and has attained fourteen full years of age. If, however, the witness is young, or suffers from an illness…
- Article 167Witnesses shall, as far as possible, be heard in the following manner: the court shall hear the prosecution witnesses and put to them such questions as it considers…
- Article 168If the court finds it necessary to proceed to the place where the offence was committed or to any other place to conduct an inspection, hear a witness unable to attend,…
- Article 169The court may issue an order to any person to produce an object in his possession if this serves the interests Home Page 201 Law Index Criminal Procedure and Trials Law…
- Article 170The court may seek the assistance of an expert whom it appoints to express an opinion on a technical matter relating to the case, and the expert shall submit a written…
- Article 171Each party may submit written memoranda of his defence to the court, which shall be placed in the case file. Upon completion of the investigation, the court shall hear…
- Article 172After completion of the investigation and pleadings, the court shall render its judgment of acquittal or punishment. In either case, it shall decide the claim for…
- Article 173The provisions of the Civil and Commercial Procedure Law shall apply to cases in which the judge is disqualified from hearing the case, to cases in which the judge may…
- Article 174The members of the court shall discuss the judgment before issuing it, and each shall express his opinion in secret deliberations. Judgment shall be issued by majority.…
- Article 175The judgment must contain the reasons on which it is based; otherwise, it shall be void. Law Index 202 Home Page Criminal Procedure and Trials Law Law No. 17 of 1960…
- Article 176The presiding judge shall pronounce the judgment in a public hearing by reading its operative part. The judges who participated in the judgment shall be present at its…
- Article 177The presiding judge and the clerk of the hearing shall sign the original copy of the judgment containing the facts of the case, the grounds and the operative part, and…
- Article 178Once the court has pronounced judgment, it may not change anything therein, unless this is merely the correction of a clerical error.
- Article 179An official copy of every judgment issued shall be provided to each of the accused and the prosecutor without fees. The copy shall be delivered to the litigants…
- Article 180The court rendering a judgment on the merits shall decide the parties' applications relating to the seized objects. It may refer the dispute concerning them to the…
- Article 181The order issued for the disposal of the seized items in the manner indicated in the preceding article may not be executed, if the judgment rendered in the case is…
- Article 182If a person is convicted of theft or concealment of stolen property, and it is established that another person purchased the stolen property from him without knowing…
- Article 183If the offence concerns possession of immovable property, and the court considers that it should be taken from the person holding it and kept at the court's disposal…
- Article 184Once a judgment on the merits of a criminal action acquitting or convicting a particular accused has been issued, no further criminal action may thereafter be brought…
- Article 185If a judgment is rendered concerning a particular offence, and it subsequently becomes apparent that the acts constituting that offence constitute another offence…
- Article 186In the case provided for in the preceding Article, if the first judgment imposed a penalty, the court shall take this into account if it imposes a penalty in the new…
- Article 188The time limit for opposition is one week and begins, in misdemeanours, from the date of service of the judgment rendered in absentia on the convicted person, and, in…
- Article 189An opposition shall be lodged by a petition submitted to the registry of the court that issued the judgment. The petition shall be signed by the convicted person or his…
- Article 190The president of the court that issued the judgment shall order a hearing to be scheduled to consider the opposition. The registry shall, of its own motion, notify the…
- Article 191If the convicted person dies before the expiry of the period for opposition, or before the opposition is decided, his death shall result in the lapse of the…
- Article 192If the objector is absent from the first hearing for consideration of the opposition, the court shall rule that the opposition is deemed never to have been filed. Where…
- Article 193The court shall rule that the opposition is inadmissible because it was filed after the time limit, because its filer lacks standing, or because of any other substantial…
- Article 194If the court finds that the opposition is admissible as to form, it shall hear the opposing party's statements and requests (1) Replaced pursuant to Decree-Law No. 62 of…
- Article 195The court shall rule to uphold the judgment in absentia if it finds that the opposition is unfounded and that the judgment is valid in form and substance.
- Article 196The court may rule to set aside the judgment in absentia if it finds therein a substantive defect or a procedural defect that cannot be corrected, or finds that it is…
- Article 197The opposition may not prejudice the objector. The judgment rendered in absentia may be annulled and an acquittal entered, and the judgment rendered in absentia may also…
- Article 198A judgment issued on an opposition may not be challenged by opposition, but may be appealed unless it was issued in a misdemeanour in which the judgment is not…
- Article 200Judgments issued in civil actions by criminal courts may be appealed if they would have been appealable had they been issued by civil courts. Or if they have been…
- Article 200 مكررThe Public Prosecutor, or any Advocate General whom he authorizes, acting on his own initiative or upon the request of the Public Prosecution, and the convicted person,…
Articles 201 – 25055
- Article 201The time limit for appeal shall be thirty days from the date of pronouncement of the judgment if it was rendered in the presence of the accused or on opposition, and…
- Article 202An appeal shall be lodged by a petition submitted to the registry of the court that rendered the judgment, and the petition shall be signed by the appealing party or his…
- Article 203The registry shall refer the appeal petition, together with the case file, to the court competent to hear the appeal within a period not exceeding three days. Upon…
- Article 204If a party fails to attend the hearing scheduled for consideration of the appeal, the court may dispense with his attendance and determine the appeal in his absence if…
- Article 205If the accused sentenced to a penalty dies before the expiry of the period for appeal, or before the appeal lodged by him is decided, his death shall result in the lapse…
- Article 206The court shall rule that the appeal is inadmissible because it was lodged after the time limit, because the appellant lacks standing, or because of any other material…
- Article 207If the court finds that the appeal is admissible in form, it shall hear the appellant's statements and requests and the response of the respondent and any other…
- Article 208The court shall uphold the first-instance judgment if it finds that the appeal is without foundation and that the judgment is correct in form and substance. Law Index…
- Article 209The court may rule to set aside the judgment appealed against if it finds therein a substantive defect or a procedural defect that cannot be corrected, or finds that it…
- Article 210No opposition may be filed against a judgment rendered on appeal.
- Article 211Every judgment issued by the Criminal Court imposing the death penalty shall be referred by the court, of its own motion, to the High Court of Appeal. Referral shall…
- Article 212All orders and acts undertaken by the police, the investigator, or the court concerning the proceedings in the case or the investigation may be challenged by a grievance…
- Article 213 مكررA petition for reconsideration of final judgments imposing punishment in felony and misdemeanour matters may be made in the following cases: 1- If the accused was…
- Article 213 مكرر 1In the cases stipulated in the first four clauses of the preceding Article, the Public Prosecutor, the General Department of Investigations, the convicted person or his…
- Article 213 مكرر 10Without prejudice to the provisions on the lapse of rights by the passage of time, setting aside the judgment of conviction and issuing a judgment of acquittal shall…
- Article 213 مكرر 11If a petition for reconsideration is rejected, it may not be renewed on the basis of the same facts on which it was based. Enforcement of Judgments
- Article 213 مكرر 2In the case stipulated in item 5 of Article 213 bis of this Law, the right to petition for reconsideration shall belong exclusively to the Public Prosecutor, whether of…
- Article 213 مكرر 3The Public Prosecutor shall not accept a petition for retrial unless the applicant deposits two hundred dinars as security with the court treasury, unless he has been…
- Article 213 مكرر 4The Public Prosecution shall notify the parties of the hearing scheduled to consider the petition before the Court of Cassation or the Court of Appeal sitting as a court…
- Article 213 مكرر 5The court shall determine the petition after hearing the statements of the Public Prosecution and the parties and after conducting such investigation as it considers…
- Article 213 مكرر 6The death of the convicted person shall not prevent the court from continuing to hear the case. In this event, it shall appoint one of the lawyers registered in Roll No.…
- Article 213 مكرر 7A petition for retrial shall not result in a stay of execution of the judgment unless it imposes the death penalty.
- Article 213 مكرر 8The court shall order the forfeiture of the security provided for in Article 213 bis 3 if the petition is rejected.
- Article 213 مكرر 9Every judgment of acquittal issued upon a petition for retrial must be published at government expense in the Official Gazette upon the request of the Public Prosecution…
- Article 214Judgments rendered by criminal courts may not be enforced unless they have become final. However, the court may order that a first-instance judgment imposing a penalty…
- Article 216The president of the court that rendered the enforceable judgment shall send that judgment to the authority that instituted the criminal proceedings. That authority…
- Article 216 مكررExecution of judgments, decisions or orders for placement in sanatoriums, therapeutic shelters or social welfare institutions, or for any other preventive or therapeutic…
- Article 217No death sentence may be carried out except after its ratification by the Emir, and the convicted person shall be placed in prison until the Emir issues his decision…
- Article 218If it becomes apparent that a woman sentenced to death is pregnant and she delivers her child alive, execution of the death sentence must be stayed. The matter shall be…
- Article 219The court that issued a first-instance judgment of imprisonment, as well as the court to which an appeal against that judgment has been brought, may order its immediate…
- Article 220If the person sentenced to imprisonment has spent a period in pretrial detention in connection with the case in which judgment was rendered, the period of pretrial…
- Article 221If multiple judgments imposing fixed-term imprisonment are rendered against a single accused person, sentences of imprisonment with labour shall be served before…
- Article 222If one of the penalties imposed is death or life imprisonment, that penalty alone shall be executed. Article 223 (1) The prison administration shall execute sentences of…
- Article 223The prison administration shall execute sentences of imprisonment pursuant to a written order from the Police and Public Security, based on the notification it receives…
- Article 224Neither the prison warden nor any officer responsible for it may allow a detained person to be admitted thereto except pursuant to a written detention order from a…
- Article 225Every prisoner shall have a file in which detention and release orders and all papers relating to the prisoner are kept. The date of entry into prison, the scheduled…
- Article 226No person may be arrested or detained except pursuant to a valid order issued by the competent authority and subject to the conditions and procedures prescribed by law.…
- Article 227If the investigator is notified that a person has been arrested without right, he shall immediately undertake the investigation, proceed to the place where the detained…
- Article 230If the convicted person does not pay the fine imposed, it shall be recovered by compulsory enforcement against his property. The Public Prosecution may recover it…
- Article 231If a person sentenced to a fine is unable to pay it or defaults in doing so, or execution of the judgment imposing the fine is delayed beyond the period specified in the…
- Article 232The president of the court that imposed the fine may issue an order to enforce the fine by bodily coercion. Bodily coercion shall be executed by simple imprisonment, the…
- Article 233The president of the court may, before or after ordering imprisonment for enforcement, grant the convicted person, at his request, a period of grace for payment or order…
- Article 234If imprisonment and a fine are imposed, the fine may not be enforced by bodily coercion until the convicted person has served the term of imprisonment imposed.
- Article 236The convicted person shall be discharged from the fine to an extent proportionate to the period of imprisonment he served under bodily coercion or in work for the…
- Article 237If confiscation of a seized item is ordered by judgment, it shall become the property of the State. The court, the Chief of Police and Public Security, or the Public…
- Article 238The Amir may at any time issue a general amnesty for a specified offence or offences. This amnesty shall be deemed equivalent to a judgment of acquittal and shall result…
- Article 239The Amir may, after a judgment imposing a penalty on a particular person has been issued, and before execution of that judgment or during execution, issue an order…
- Article 240In offences for which the institution of proceedings requires a complaint by the victim, as well as offences of bodily harm and assault punishable by imprisonment for a…
- Article 242If there are multiple victims of an offence, and a pardon or settlement is issued by some of them, it shall have no effects unless the others approve it, or unless the…
- Article 243If the victim of the crime has limited legal capacity or is absent, his lawful guardian may act on his behalf in reaching a settlement with the accused or pardoning him.…
- Article 244The criminal effects of every judgment imposing a penalty shall remain in force until the convicted person is rehabilitated by operation of law or by judicial judgment.…
- Article 245The convicted person shall be rehabilitated automatically by operation of law once the statutory period has elapsed after the penalty has been fully served, pardoned, or…
- Article 246The High Court of Appeal may issue a decision restoring the convicted person's legal standing upon his application, provided that the following conditions are met: 1 -…
- Article 248Judicial rehabilitation shall be submitted to the Chief of Police and Public Security, containing the particulars required in appeal petitions, with the addition of…
- Article 249The President of the High Court of Appeal shall submit the application to that Court sitting in chambers. It may, if it sees fit, conduct an investigation or order one…