Top OFW Safety Tips
Police Arrests – Kuwait
What will happen if I am arrested?
The police authorities have the power to detain an arrested person. During the investigation, they will take your statement and report this to the chief investigator at the General Department of Investigation of the Ministry of Interior. If serious offence, you can be in detention for a period up to 21 days; at the expiration of this period you will be brought before a judge who may at his discretion order your detention for up to a further 15 days. If minor offence which carries a penalty of less than three years imprisonment, you will then be released; upon release, at the discretion of the investigator, you may be required to pay a bail bond as guarantee of your attendance at court and otherwise as required during the investigation; alternatively, a Kuwaiti national may guarantee your attendance without the requisite payment.
What will happen during the investigation?
The police initially can detain the arrested person for a period not exceeding 24 hours. The public prosecutors depending on the nature of the crime have the right to detain a person for a maximum of 21 days. Any extension for detention must be granted by a judge upon the request of prosecutors, however the judge would also hear from the accused, or their legal representative, before deciding if an extension was appropriate.
In order for the information regarding the charge(s) against you to be further investigated, the file will be sent first to the General Department of Investigation of the Ministry of Interior- this department may require you to be questioned again by the chief investigator if it requires further information.
If the evidence is sufficient to support the charge(s), the file will be forwarded to the court for a hearing date to be set. For first hearing it will be for the purpose of obtaining a copy of the prosecution file. For the second hearing the lawyer will enter a plea on your behalf.
Can I be released on bail?
For minor offences, bail is available. Your lawyer can apply for you to be released on bail. This will either be a financial or personal bail or both. For personal bails, you will need a Kuwaiti guarantor. For serious cases (such as drugs), bail may not be an option and you will be detained in prison until the date of your trial.
What will happen during the trial?
Trials are heard by the judge, the court, the secretary of the tribunal, the prosecutor, the lawyer, the accused, and the translator/interpreter are required to be present at the court hearing, if not it will be delayed. All documents related to a case and further evidence must be submitted to the president of the court. The official language during trial is Arabic. The lawyer will ask the judge to provide an interpreter who works for the Ministry of Justice.
What if I cannot afford a lawyer?
If you cannot afford a lawyer, you may seek assistance from the Law Society who will appoint a lawyer to represent you and will generally accept your case without proof of such hardship. For more serious offences the court will appoint a lawyer to represent you and provide the prosecution file to the lawyer for free; the Ministry of Justice will pay all legal fees incurred.
Can I appeal the judgement?
If the judgement is not favourable, you have the right to appeal your sentence to a higher court. However, the appeal process is very slow and can lead to delays in finalizing a sentence although the process will be quicker where the accused is in prison.
Prison Conditions
Upon arrival at the prison, you will give a statement and then be put in a holding cell.
Release and Deportation
Deportation is automatic after completion of the prison term for most offences carrying a custodial sentence. If your sentence includes deportation, you will be taken to the Deportation Centre in Jleeb Al-Shuyoukh. Your sponsor is responsible for the provision of the ticket home.
Source:
Gulf Law | http://www.gulflaw.info/index.php