The right to complain is guaranteed, but it is not absolute. When that right is used to injure another out of malice, it turns into an offence punishable by law. This guide explains where the line falls.
Contents
1) The Right to Complain and Its Limits
Reporting offences is a right, and in some situations a duty. A person who exercises it in good faith bears no liability even if the allegation is not established. That right ends, however, where it is used to injure another while knowing the allegation to be false.
2) Elements of the Offence
- An actual report: submitting a report or complaint to an authority competent to investigate or enforce.
- Falsity of the reported facts: the allegation must be untrue in itself.
- Bad intent: the reporter's knowledge of its falsity and intention to injure the person reported.
- An identified target: the report must be directed at a specific or identifiable person.
3) False Report vs Unproven Complaint
An unproven complaint
Filed by someone who believed it to be true, and the evidence simply did not bear it out. No offence arises, because good faith is present.
A false report
Filed by someone who knew the allegation to be untrue, intending malice and injury. Here the offence arises.
5) The Penalty
False reporting is an offence punishable under the Kuwaiti Penal Code, carrying imprisonment, a fine, or one of the two according to the applicable provision and the gravity of the facts. It is aggravated where the report results in the detention of the person reported or serious injury to them.
6) Responding to a Wrongful Accusation
- Do not ignore the report: failing to appear weakens your position and does not end the proceedings.
- Document everything: messages, correspondence, lawful recordings, witnesses, evidence placing you elsewhere.
- Have your pleas recorded in the file rather than merely stating them orally.
- Identify the motive: establishing the feud or the benefit sought strengthens the plea of malice.
- Keep the dismissal decision or acquittal: it is your foundation for a false-reporting case and a compensation claim.
7) Claiming Compensation
A person injured by a malicious report may claim compensation for material and moral damage, including:
- Lost earnings and the costs, fees and legal expenses incurred.
- Damage to reputation and social or professional standing.
- Psychological suffering and its effect on family life.
- Consequences of any pre-trial detention or travel ban imposed.
8) Practical Guidance
Before you report
- Satisfy yourself, so far as you can, that the facts are true.
- Gather supporting material before filing.
- Avoid wording that adds further unverified accusations.
If you are maliciously reported
- Appoint a lawyer early and follow the matter from the outset.
- Collect evidence of the prior feud or the motive behind it.
- Wait for the final outcome before bringing a false-reporting case.
