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the last week, there has been a lot of discussion about capital punishment in Kuwait and whether capital punishment is inhumane or not. Also, there has been what seems to be some international pressure that some may perceive as interference, from the EU. Regardless of what my or your opinion is and how you see capital punishment, I just wanted to take the time to explain its legalities.
What is the process of capital punishment?
- The process of capital punishment is lengthy. It has to go through three trials, and all judges in each trial have to agree on capital punishment. A higher authority must then sign on it.
- If the accused person has no money for a lawyer or does not appeal, a lawyer is assigned to them. The appeal must be made in the first trial, so that the accused person gets three fair trials.
Who can get capital punishment? What are the crimes punishable by capital punishment in Kuwait?
- Murder, which is deliberate, premeditated by ill will (article 150 + article 151).
- Any person that kidnaps another person using force or threat or with the intent to kill, hurt or rape (article 180).
- Sexual intercourse with a female without her consent and the accused was related to the girl, or was her teacher, caretaker or servant (article 186).
- Sexual intercourse with a female with her consent but the female is not mentally stable and the accused knew this or if the girl was under 15 years of age, and in both cases the accused was related to the girl, or was her teacher, caretaker or servant (article 187).
- Capital punishment found in other Kuwaiti laws, like national security crimes (treason, for example).
- For growing, selling, buying or importing or exporting drugs, the accused might get capital punishment. The following usually has to be present to get capital punishment:
1) The drug is cocaine, heroin, acetyl dihydrocodeine or codeine.
2) The accused is a public employee.
3) A minor was used to help with the drugs crime.
4) It's the accused second time convicted of either growing, selling, buying or importing or exporting drugs.
Who is exempt from capital punishment?
- Anyone that has mental issues or is not mentally fit.
- Anyone under the age of 18 at time of the crime.
- Any woman with young children.
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