Article 81 of Kuwaiti Penal Code

If a person is accused of an offence requiring a sentence of imprisonment, the court may, if it finds in his character, past, age, the circumstances in which he committed his offence, or the triviality of that offence grounds for believing that he will not return to criminal conduct, decide to refrain from pronouncing punishment and require the accused to provide an undertaking secured by a personal surety or property security, or without security, obliging him to observe specified conditions and maintain good conduct for a period it determines, not exceeding two years. The court may decide to place him during this period under the supervision of a person it appoints, and may replace that person at his request and after notifying the accused thereof. If the period determined by the court expires without the accused breaching the conditions of the undertaking, and the previous trial proceedings shall be considered as if they had not occurred. If the accused breaches the conditions of the undertaking, the court shall order, upon the application of the prosecuting authority, the person supervising him or the victim, that the trial proceed, and shall impose upon him the penalty for the offence he committed and confiscate the property security, if any.