A juvenile offender is not a criminal in the traditional sense — they are a person whose maturity is incomplete and who needs rehabilitation more than punishment. Law No. 111 of 2015 on Juveniles adopts a philosophy of care and protection.
Philosophy: Kuwait's juvenile law prioritises the best interests of the child — aiming to rehabilitate and reintegrate them into society rather than punish them.
Contents
1) Age of Criminal Responsibility
- Under 7: no criminal responsibility whatsoever — the child lacks discernment.
- 7 to under 15: no criminal penalty is imposed — only welfare measures are applied.
- 15 to under 18: the penalty is mandatorily reduced — neither death nor life imprisonment may be imposed.
- 18 and above: adult — tried under the general rules of the Penal Code.
Age at the time of the act: the juvenile's age is determined at the time the offence was committed, not at the time of trial — established by birth certificate or medical estimate.
2) The Juvenile Court
- Exclusive jurisdiction: the Juvenile Court alone has jurisdiction over persons under 18 at the time of the offence.
- Composition: a specialised judge — with a social worker and psychologist present where necessary.
- Confidentiality: the trial is held in camera — publication of the juvenile's name or image is prohibited.
- Social inquiry: a social inquiry into the juvenile's circumstances and family is conducted before sentencing.
- Guardian's attendance: the juvenile's guardian or custodian must attend the trial.
3) Alternative Measures
Non-custodial measures
- Judicial reprimand.
- Release to guardian or foster family.
- Placement in a vocational training centre.
- Community service.
- Enrolment in a rehabilitation programme.
Restrictive measures
- Placement in a juvenile care home.
- Placement in a treatment facility (addiction or psychological disorder).
- Prohibition from frequenting certain places.
- Social supervision.
Priority: the law requires the court to prefer non-custodial measures over detention or imprisonment — unless the offence is serious.
4) Detention and Imprisonment
- Preventive detention: a juvenile may only be detained preventively for serious offences — and in a facility separate from adults.
- Penalty reduction: if the penalty is death, it is replaced by imprisonment up to 10 years. Life imprisonment is replaced by up to 7 years.
- Separate facility: juveniles are held in a specialised institution separate from adults.
- Review: the court reviews the measures periodically — and may amend or terminate them.
5) The Juvenile's Rights
- Lawyer: the right to a lawyer — the court appoints one if the juvenile does not have one.
- Confidentiality: prohibition on publishing their name, image, or identifying information.
- Dignity: treatment that preserves their dignity without physical or psychological harm.
- Education: continued education during the execution of any measure or sentence.
- Communication: the right to communicate with their family during detention.
Clean record: juvenile convictions are not entered in the adult criminal record — to protect the juvenile's future. See litigation procedures.
6) The At-Risk Juvenile
- Definition: a juvenile surrounded by circumstances indicating risk of delinquency — such as begging, homelessness, or associating with offenders.
- Preventive measures: release to guardian with an obligation to care — or placement in a care home.
- Competent authority: the Juvenile Court upon application by the prosecution or a social worker.
- Follow-up: periodic follow-up to ensure improvement in the juvenile's circumstances.
7) The Family's Role
- Guardian's liability: the guardian may be held liable for negligence in caring for the juvenile if it contributed to delinquency.
- Compliance: the guardian must comply with court-ordered measures.
- Fine: the guardian may be fined for failing to fulfil their obligations.
- Bond: a financial bond may be required to guarantee the juvenile's good conduct.
8) Practical Guidance
For the guardian
- Attend all court hearings with the juvenile.
- Appoint a lawyer specialising in juvenile cases.
- Cooperate with the social worker.
- Comply with ordered measures to avoid liability.
For the juvenile
- Do not make any statements without a lawyer present.
- Cooperate with rehabilitation programmes.
- Your record will not follow you into adulthood.
- You have the right to appeal judgments and measures.
Your child facing an investigation or trial as a juvenile offender? Contact Attorney Meshari Obaid Al-Enezi — Yumnaak Law Firm.
