Bribery Crimes in Kuwaiti Law — Elements, Penalties & Enforcement

Definition and Legal Basis

Bribery is a public official's trafficking in their office by agreeing with a person in need of a service to accept consideration — material or otherwise — in exchange for performing, omitting, or breaching an official duty.

The Penal Code addresses bribery in Article 35 bis and subsequent articles (as amended by Law No. 31 of 1970), supplemented by the Anti-Corruption Authority (Nazaha) Law.

Elements of Bribery

Bribery requires three elements:

1. Status element: The bribee must be a public official, employee, or person charged with public service — extending to council members, public body members, and judges
2. Material element: One of: requesting the bribe (by the official), accepting the bribe (agreeing to an offer), or taking the bribe (actually receiving the consideration)
3. Mental element: Criminal intent — the official knows what they request or accept is consideration for an official act and intends to trade their office

Forms and Patterns

Bribery may be for performing a lawful act (still bribery), an unlawful act, or omitting a mandatory duty.

Penalties for Briber, Bribee & Intermediary

The law punishes all parties to the bribery offense:

• Bribee (official): Up to ten years' imprisonment plus a fine equal to what was given or promised, with dismissal from office
• Briber: Same penalty as the bribee if they offered or provided the bribe
• Intermediary: Same penalty as the bribee, whether acting for the briber or bribee

Penalties are aggravated if the bribee is a judge, arbitrator, or member of a judicial body.

Bribery vs. Gifts vs. Gratuities

The boundaries between bribery and gifts frequently arise:

• Bribery: Consideration conditioned on performing or omitting an official act — criminally prohibited
• Suspicious gift: Given to an official in connection with their position without explicit request — may constitute bribery if linked to official action
• Gratuity (tip): A small amount paid after work completion without prior agreement — not bribery technically but a disciplinary violation

Civil service regulations restrict public officials from accepting gifts, with disclosure requirements in some cases.

Private-Sector Bribery

Bribery is not confined to the public sector:

• Bribing private company employees may constitute breach of trust or harm to company funds
• Bribing arbitrators in commercial arbitration is expressly criminalized
• The UN Convention Against Corruption (ratified by Kuwait) requires criminalizing private-sector bribery

Immunity from Prosecution — Reporting

The briber or intermediary is exempt from punishment if they report the bribery to authorities before its discovery:

• Mandatory exemption: If the briber or intermediary reports before authorities learn of the crime
• Condition: The report must be genuine, truthful, and before discovery
• No exemption for the bribee: The bribed official is never exempt even if self-reporting

This incentive aims to encourage detection of bribery crimes that typically occur in secret and are difficult to prove conventionally.

Proving Bribery and Investigation

Bribery is established through several means:

1. Recordings and surveillance: The prosecution may authorize recording and phone monitoring with judicial permission
2. Undercover operations: Posing as a briber after notifying authorities to catch the official in the act
3. Financial tracking: Examining bank accounts and money flows
4. Testimony: Witness evidence of the bribe's offer or receipt
5. Confession: A party's admission

The Anti-Corruption Authority (Nazaha) and the Public Prosecution investigate bribery crimes.

Frequently Asked Questions

Is the briber punished even if the official rejects the bribe?

Yes. Offering a bribe to a public official is a crime even if the official refuses — the mere offer constitutes the offense of bribery solicitation.

Is bribery for a legitimate purpose still a crime?

Yes. Even if the requested act is lawful and within the official's competence. The offense lies in trading the office, not the legality of the act sought.

Can bribery cases be settled?

No. Bribery is a public-right offense that cannot be settled. Criminal prosecution is mandatory upon discovery.