Juvenile Justice Law in Kuwait — Child Offender Protection & Rehabilitation

1. Concept of Juvenile and Age Categories

A juvenile under Kuwaiti law is any person who has not completed eighteen years of age at the time of committing the offense or when found in a situation of vulnerability to delinquency. The law divides juveniles into two categories:

• First Category (7 to under 15 years): No criminal penalties may be imposed; only rehabilitative measures
• Second Category (15 to under 18 years): Reduced penalties or measures may be imposed depending on the offense severity

A child under seven bears no criminal responsibility whatsoever, and no criminal proceedings may be taken; the child is handed to their guardian with guidance and counseling.

2. Law No. 111 of 2015 — Legislative Framework

This law represents a qualitative shift in Kuwait's judicial system's approach to juveniles:

• Adopted a rehabilitative rather than punitive philosophy
• Established a specialized juvenile court
• Recognized multiple alternatives to custodial sentences
• Enhanced the role of social supervisors and psychologists
• Regulated situations of vulnerability to delinquency and prevention

3. Age of Criminal Responsibility

Kuwaiti law sets the age of criminal responsibility at seven years, consistent with many Arab legislations though below international standards recommending a minimum of 12 years:

4. Measures Prescribed for Juveniles

The law provides a range of alternative measures to traditional penalties:

• Reprimand: Judge admonishes the juvenile and warns against repeating the behavior
• Handover: Handing the juvenile to their guardian or trusted person who undertakes proper upbringing
• Vocational Training: Enrolling the juvenile in a vocational training center to learn a trade
• Mandatory Obligations: Prohibiting certain places or requiring participation in a rehabilitation program
• Judicial Probation: Placing the juvenile under social supervisor oversight for a specified period
• Institutional Placement: Placing the juvenile in a care home or specialized health facility

5. Juvenile Court — Composition & Jurisdiction

The law established a specialized juvenile court distinct from ordinary courts:

Composition:

• One or more judges specializing in juvenile affairs
• Two social work or psychology experts (consultants)
• Specialized juvenile prosecution representative

Jurisdiction:

• All offenses committed by juveniles
• Situations of vulnerability to delinquency
• Reviewing and modifying imposed measures
• Release of juveniles placed in care institutions

6. Investigation and Trial Procedures

Investigation and trial procedures in juvenile cases feature special safeguards:

• Closed Hearings: Juvenile trial sessions are held in camera; only concerned parties may attend
• Publication Ban: Publishing the juvenile's name, photo, or any identifying information is prohibited
• Social Investigation: A comprehensive social report on the juvenile's circumstances is prepared before trial
• Guardian Attendance: The juvenile's guardian is summoned to attend all proceedings
• Mandatory Counsel: The juvenile must have a lawyer in felonies; the court appoints one if they lack representation
• Avoiding Detention: Pretrial detention of juveniles is disfavored; handover to guardian with bail is preferred

7. Role of Family and Social Supervisor

The law places great importance on the roles of family and social supervisor in juvenile reform:

Family Role:

• Commitment to proper upbringing and care of the juvenile
• Cooperation with the social supervisor and following their guidance
• Attending trial sessions and follow-up
• Civil liability for the juvenile's acts

Social Supervisor:

• Preparing social reports on the juvenile's circumstances
• Monitoring implementation of imposed measures
• Providing psychological and social support
• Submitting periodic reports to the court on the juvenile's progress

8. Juvenile Care Institutions

Several institutions provide juvenile care in Kuwait:

9. The Lawyer's Role in Juvenile Cases

Defending juveniles requires specialized skills combining law and psychology:

• Mandatory Attendance: Attending all investigation and trial stages with the juvenile
• Requesting Measures: Seeking application of alternative measures instead of penalties
• Protecting Rights: Ensuring trial confidentiality and publication ban compliance
• Measure Review: Requesting modification or cancellation of measures based on the juvenile's progress
• Civil Claims: Defending the juvenile's interests or representing injured parties