Article 82 of Kuwaiti Penal Code

Where the court sentences the accused to imprisonment for a term not exceeding two years or to a fine, it may order a stay of execution of the judgment if it finds in the accused's character, past, age or the circumstances in which he committed his offence grounds to believe that he will not return to criminal conduct. The convicted person shall sign an undertaking to that effect, accompanied by a personal surety or security in rem, or without security, as determined by the court. The order staying execution shall be issued for a period of three years beginning on the day the judgment becomes final. If this period expires without a judgment revoking the stay of execution being issued, the judgment imposing the punishment shall be deemed never to have existed. The stay of execution may be revoked if, during the period of the stay, a judgment of imprisonment is issued against the convicted person for an offence committed during that period or before it of which the court was unaware Law Index 121 Home Page Kuwaiti Penal Code Law No. 16 of 1960 promulgating the Penal Code and its amendments when ordering the stay of execution. The stay of execution may also be revoked if it transpires that a judgment of imprisonment was issued before the stay was ordered and the court was unaware of it. If revocation of the stay is ordered, the punishment imposed shall be executed against the accused, and the security in rem, if any, shall be confiscated. The court that ordered the stay, as well as the court that issued a judgment of imprisonment against the convicted person during the stay period, shall have jurisdiction to revoke the stay of execution. The judgment revoking the stay shall be issued at the request of the prosecuting authority or the victim. Article 83 (1) If the court considers the accused deserving of leniency in view of the circumstances in which the offence was committed, or in view of his past, character or age, it may substitute for the death penalty life imprisonment or imprisonment for a fixed term of not less than ten years, and substitute for life imprisonment imprisonment for a fixed term of not less than seven years. The penalty of imprisonment for a fixed term may not be less than one third of the maximum prescribed for the offence, all unless the law provides for another minimum.