Criminal Law

Working With Us, Step by Step

A criminal case touches a person's liberty, reputation and professional future, so we handle every file in strict confidence from the very first contact. Everything you tell us is protected by professional secrecy, and we never share any information about you or your case with anyone without your consent. Whether you are an accused person defending your innocence or a victim seeking your rights, the steps below explain what you can expect from us at each stage of the case.

1. Urgent contact when summoned or arrested: If you receive a summons from a police station or an investigating authority, or a relative has been arrested, contact us before giving any statement. We listen to the facts as they happened, explain your legal position and the next step in plain language, and identify what needs to be prepared before you attend.
2. Attending the investigation with you: Misdemeanours are investigated by the General Department of Investigations, while felonies are investigated by the Public Prosecution. We attend with you wherever the law allows, making sure your statements are recorded accurately, that our requests and pleas are entered in the record, and that your safeguards are respected throughout the questioning.
3. Reviewing and analysing the file: We request copies of the papers and reports as soon as they become available, and review witness statements, forensic and medical reports and digital evidence, comparing them with your account to uncover contradictions or gaps.
4. Setting the defence strategy: We agree a clear plan with you that sets out the available options with the benefits and risks of each, whether that means applying for release, asking to hear defence witnesses, requesting the appointment of an expert, or settling with the other party where the law gives that settlement effect. The final decision on key matters remains yours once you understand the full picture.
5. Representation at trial and on appeal: We plead before the court of first instance and submit written memoranda, then pursue the available challenges, whether opposition, appeal or cassation, within their legal time limits, keeping you informed of every hearing and what took place.
6. Standing with the victim: If you are the injured party, we help you draft and file your complaint with the competent authority, supported by evidence, follow up the investigation, and bring a civil claim for compensation for the material or moral harm you have suffered.

Throughout the case we make sure you know where your file stands and what comes next, and we explain the effect of every decision before you are asked to agree to anything. We give you our honest legal assessment of the situation as it is, without downplaying or exaggerating, because sound decisions are built on accurate information. All of our work is carried out within the law and before its competent authorities: a serious defence rests on scrutinising the evidence and proving the pleas, not on sidestepping procedure.

When Do You Need a Criminal Lawyer?

• When you receive a call or a summons from a police station, the criminal investigation department or the Public Prosecution to attend and give a statement, even if you are told it is "just a statement".
• When a family member has been arrested or detained, and you need to know the charge against them and seek their release.
• When you discover a travel ban, an arrest-and-bring order or a judgment in absentia you did not know about, which usually comes to light at a border point or when dealing with a government office.
• If you are accused of a cybercrime over a post, a tweet or a group message, or a complaint of insult and defamation has been filed against you.
• If you have fallen victim to financial fraud, a sham investment, or embezzlement by a partner or employee, and want to initiate criminal proceedings and recover your money.
• If you are being extorted or threatened with the publication of private photos or conversations, and need to act quickly and discreetly.
• If a malicious complaint or a report you believe to be false has been filed against you, and you want to defend yourself and then hold the complainant accountable. We cover this situation in our article on false reporting and malicious complaints.
• After a judgment has been issued against you or in your opponent's favour, and you want to assess your chances on appeal before the deadline passes.

Documents to Bring to Your Consultation

• Your civil ID or passport, and the details of the person concerned if the consultation relates to a detained relative.
• Any summons, notice or text message you received from a security or judicial authority, with the date it arrived.
• The case number, complaint number or report number, and the name of the relevant police station or prosecution office, if available.
• Copies of any earlier judgments or decisions in the case, including detention, release or travel-ban decisions.
• The evidence in your hands: screenshots, chats, recordings and photos, keeping the originals on the same device without alteration.
• Relevant financial documents in money-related cases: contracts, cheques, bank transfers, receipts and account statements.
• Medical reports in cases of bodily harm, and any official reports issued about the incident.
• The names and contact details of witnesses, and a written summary of the sequence of events as you remember them, with dates and places.

Do not worry if you do not have all of these documents; part of our job is to obtain what the file is missing from the competent authorities through lawful channels. Most importantly, preserve the evidence as it is without editing or deleting anything, bring whatever you have even if it is incomplete, and we will decide together what needs to be completed later and in what order, depending on the stage of the case.

Frequently Asked Questions

Am I entitled to have a lawyer with me during the investigation?

Yes. The general rule under Criminal Procedure Law No. 17 of 1960 is that the accused may have a lawyer attend the investigation with them. In circumstances the investigator considers necessary, and as regulated by law, certain steps may be taken in the parties' absence and then disclosed to them. It is therefore advisable to ask expressly for your lawyer to be present and to have that request recorded.

I received a summons from the police station. Do I have to attend?

Yes. Responding to a summons is better than ignoring it, because failing to attend may lead the investigating authority to issue an order for your arrest and production. What matters is to consult a lawyer before you go, so you know your status in the case, whether as a witness or as the person complained against, and what you are likely to be asked. You cannot be coerced into giving a statement, and you may ask to defer your statement until your lawyer is present.

What is the difference between pre-trial detention and release on bail?

Pre-trial detention is a temporary measure ordered by the investigating authority or the court in the interest of the investigation; it is not a punishment and does not mean the charge is proven. Release on bail means the accused is freed against a financial or personal guarantee set by the competent authority, on condition that they attend whenever required. Whether release is possible, and on what terms, depends on the seriousness of the charge and the accused's circumstances, as explained in our article on arrest, pre-trial detention and bail.

A travel ban has been issued against me in a criminal case. How can I have it lifted?

A travel ban in criminal matters is a precautionary measure usually issued by the investigating authority or the court to secure the accused's attendance. It can be challenged, or its lifting requested, before the authority that issued it or the competent court, with supporting grounds such as providing a guarantee or showing that it is no longer needed. We usually begin by verifying the source of the ban and the case number linked to it before choosing the right route.

Does a waiver or settlement with the victim end the case?

That depends on the type of offence. For certain offences that the law allows to be prosecuted only on the victim's complaint, a waiver brings the criminal case to an end, and the law also permits settlement in specified offences. For other offences, a waiver usually affects only the civil claim, and the court may take it into account when determining the sentence without it ending the case.

Will a criminal judgment stay on my record permanently?

Not necessarily. In certain cases, and on conditions set by Penal Code No. 16 of 1960, the court may refrain from pronouncing a sentence and take an undertaking from the accused instead, and the law attaches consequences in the accused's favour if they honour that undertaking. The law also regulates rehabilitation after specified periods and subject to specific conditions, which differ according to the type of judgment and penalty, so each case needs to be examined on its own facts.

I have been abused or extorted on social media. What should I do?

Preserve the evidence as it is: screenshots showing the account name, its link and the date of posting, while keeping the original conversations on your device without deleting them. Do not negotiate with or pay the extortionist. A complaint can then be filed with the competent authority under Law No. 63 of 2015 on Combating Information Technology Crimes; for more, read our article on cybercrime under Kuwaiti law.

Can I claim compensation as a victim?

Yes. A person harmed by an offence may bring a civil claim before the criminal court hearing the case, or file a separate compensation claim before the civil court. Compensation covers material harm, such as financial loss and medical expenses, and moral harm, such as psychological suffering and damage to reputation. Choosing the right route and timing helps protect your rights and avoid prolonging the dispute.