The Cabinet, in its meeting today, approved a legislative amendment to the Code of Criminal Procedure concerning the penal order system. This amendment allows courts to issue rulings in simple cases entirely electronically, starting from receiving requests, through deliberation and issuing the judgment, to notifying it via the digital system.

This development paves the way for the transition to electronic justice, achieving speed in adjudicating cases and a significant reduction of the burden on courts and litigants.

I. What is a Penal Order?

• Definition: A judicial decision issued in simple cases (misdemeanors and violations) that imposes a fine without the need for a public trial or hearing witnesses.

• Objective: To simplify criminal procedures, expedite the adjudication of lawsuits, and reduce the burden on courts.

• Mechanism: It relies solely on the review of case documents; the judge issues a ruling summarily without traditional trial sessions.

Important Note: The new system will eliminate the need to process the accumulated paper files, which number close to 6 million. This was extremely difficult given that many of them have expired due to the statute of limitations after many years without the possibility of being presented.

II. The New Legislative Amendment

1. Full Digital Transition:

   • It is now possible to receive the penal order, conduct the trial, issue the judgment, and notify it completely electronically.

   • The amendment paves the way for starting to issue judicial rulings electronically in all stages.

2. Annual Volume of Penal Orders:

   • Last year alone, the number of penal orders issued reached approximately 250,000, making this electronic development have a direct and significant impact in reducing the time and effort for litigants and the judicial system.

III. Importance and Implications

• A Step Forward in Digital Transformation: The amendment represents a qualitative leap towards an integrated digital justice system.

• Accelerating Justice: Streamlining paper-based and public procedures achieves faster case resolution and saves human and judicial resources.

• Transparency and Efficiency: Full electronic documentation of penal orders reduces the potential for error or delay.

• Harmonization with International Trends: This places Kuwait among the ranks of countries that have adopted modern digital judicial systems.Additionally, the legislative amendment included regulations for handling illicit seized assets obtained from crimes, their storage period, and specifying the authority responsible for their destruction when they are no longer necessary for the investigation or for adjudicating the case before a verdict is issued.