Not every crime ends with a verdict — Kuwaiti law allows criminal settlement in a range of offences, either terminating the prosecution or mitigating the sentence. Understanding when settlement works and when it does not is critically important.
Note: criminal settlement differs fundamentally from amicable settlement in civil disputes — each has distinct conditions and effects.
Contents
1) The Concept of Criminal Settlement
Criminal settlement is an agreement between the offender and the victim (or the victim's heirs) that terminates the criminal proceedings or mitigates their effect:
- Embodies the principle of restorative justice — repairing harm rather than punishment alone.
- Reduces pressure on courts and speeds up resolution.
- Serves the victim's interest by securing actual compensation.
- Gives the offender a chance to avoid a criminal record in some cases.
Legal framework: criminal settlement is governed by the Criminal Procedures and Trials Law and certain special legislation — not a single standalone statute.
2) Offences Eligible for Settlement
Settlement permitted
- Minor misdemeanours and infractions.
- Complaint-based offences (e.g. defamation).
- Dishonoured cheques.
- Simple assault.
- Certain property offences (theft between relatives).
Settlement not permitted
- Major felonies (intentional homicide).
- State-security offences.
- Drug trafficking.
- Offences against public funds.
- Sexual assault.
Dishonoured cheques: one of the most common settlement scenarios — paying the cheque amount and costs may terminate the prosecution. See dishonoured cheques.
3) Settlement Procedure
- Negotiation: the parties negotiate (directly or through lawyers) the settlement terms.
- Agree the compensation: fixing the amount or the method of remedying the harm.
- Documentation: preparing an official settlement report or making a declaration before the court.
- Court review: the court verifies the validity of the settlement and both parties' consent.
- Decision: the court orders termination of the proceedings or mitigation of the sentence.
Pre-trial settlement: if settlement is reached at the investigation stage before the prosecution, the case may be shelved without ever reaching court — this is the best outcome for the accused.
4) Effect on Proceedings
- Termination: in some offences, settlement finally terminates the criminal prosecution.
- Mitigation: in other offences, it is a mitigating circumstance that the judge takes into account.
- Suspended sentence: the court may suspend execution of the sentence because of the settlement.
- Civil claim: a criminal settlement does not bar the injured party from seeking additional civil compensation unless expressly waived.
Settlement is binding: once the court endorses a settlement, no party may retract — so ensure you are satisfied with the terms before agreeing.
5) Withdrawal of a Complaint
Withdrawal of a complaint differs from settlement:
- Withdrawal: a unilateral act by the victim alone — it does not require the accused's consent.
- Complaint-based offences only: withdrawal is effective only for offences that can be prosecuted only upon the victim's complaint.
- Effect: the right to criminal prosecution is extinguished.
- Irrevocable: withdrawal of a complaint is final — it cannot be retracted.
Practical example: in a defamation case, the victim's withdrawal of the complaint terminates the prosecution entirely, regardless of the prosecution's position.
6) Diya and Compensation
In assault and involuntary-homicide offences, compensation plays a central role:
- Sharia diya: a prescribed sum in homicide cases under Islamic law.
- Arsh (wound money): compensation for injuries proportionate to their severity.
- Settlement on diya: the parties may agree on a sum above or below the prescribed diya.
- Effect on sentence: settlement by the victim's family in involuntary homicide may lead to a significant reduction in the sentence.
Do not rush: do not agree to a diya or compensation figure before treatment is complete and the final disability percentage is known — haste may deprive you of your full entitlement.
7) Limits of Settlement
- Does not extinguish society's right: in some offences, the prosecution may proceed even after the parties settle.
- Does not erase precedents: a settlement that comes after a judgment has been issued does not erase the conviction from the criminal record.
- Does not cover ancillary penalties: some penalties (e.g. deprivation of rights) may continue despite settlement.
- Prosecution consent: in some offences, the victim's consent alone is insufficient — the prosecution's approval is also required.
8) Practical Guidance
For the accused
- Initiate a settlement offer early — the earlier, the greater its impact.
- Document your payment of compensation with official receipts.
- Engage a lawyer to draft the settlement report.
- Ensure the settlement includes a waiver of the civil claim as well.
For the victim
- Do not waive your rights before receiving full compensation.
- Require guarantees for performance (certified cheque, guarantor).
- Document the agreement in an official report.
- Consult a lawyer to assess your entitlement before accepting.
Need help with a criminal settlement or evaluating a settlement offer? Contact Attorney Meshari Obaid Al-Enezi — Yumnaak Law Firm.
