اخبار الكويت- وطن نيوز
اخر اخبار الكويت اليوم – اخبار الكويت العاجلة
W6nnews.com ==== وطن === تاريخ النشر – 2026-03-15 15:57:00
Today in the Official Gazette, Decree Law No. 11 of 2026 regarding protection from domestic violence was issued. The explanatory memorandum said: This decree law comes within the framework of the state’s constitutional and social commitment to protect the family entity and enhance its stability as the basic building block of society, and in awareness of the direct threat that domestic violence poses to the social and psychological security of family members and society as a whole, and based on what the practical experience revealed when implementing Law No. 16 of 2020. Regarding protection from domestic violence, there is a legislative deficiency and a lack of procedural tools capable of achieving effective and certain protection for the abused, which necessitated legislative intervention to issue alternative legislation that addresses the shortcomings and keeps pace with developments. This decree law aims to establish an integrated legal framework that provides preventive and curative protection for victims of domestic violence, by establishing an accurate definition of the concept of domestic violence in its various physical, psychological, sexual, and financial forms, and clearly defining the categories covered by protection and organizing reporting and intervention mechanisms, to ensure speed and confidentiality. Effectiveness and devoting the institutional responsibility of the state towards confronting this phenomenon. This decree law also constitutes a qualitative shift in Kuwaiti legislation by establishing an integrated system aimed at preventing domestic violence and dealing with it in a way that guarantees justice and dignity for all family members, and provides a safe environment that contributes to consolidating family and societal stability. The decree law included a new comprehensive regulation of aspects of protection from domestic violence, and among the most prominent of its provisions is the creation of precise definitions of the parties to the family relationship covered by protection and forms of domestic abuse with control The scope of application of the protection to cases in which the act occurred during the existence of the marital or family bond in accordance with the definitions contained in this Decree-Law and if that bond continues at the time of submitting the report, which contributes to unifying concepts and preventing unjustified expansion in the application of the provisions of this Decree-Law and strengthening legal protection in accordance with Article (1). The Ministry of Health, the Ministry of Information, the Supreme Council for Family Affairs, the Ministry of Foreign Affairs, the judicial authority, one of them from the Public Prosecution and the other from the courts and civil society, in accordance with Article (2). Article (3) dealt with the powers of the committee referred to in the previous article, which are to formulate a general policy for protecting the family and confronting forms of domestic violence, reviewing relevant national legislation, coordinating between official institutions and civil society institutions related to domestic violence, and approving training programs for workers and those concerned with working to implement this decree law, in addition to preparing special awareness and educational programs. Article (7) regulates reporting and intervention procedures. Early, and granting the relevant administration broad powers to receive reports, coordinate with security and medical authorities, and take what is necessary to protect the assaulted person by listening to the parties and witnesses in separate rooms to ensure freedom and confidentiality in the presence of the social worker or psychologist, in addition to seeking the assistance of a translator for non-Arabic speaking parties or specialists in sign language, taking the necessary measures to transfer the assaulted to the hospital or forensic medicine, and taking the necessary measures to accommodate the assaulted person in one of the shelters, in addition to providing psychological or rehabilitation treatment to whomever is necessary from the parties, and offering a settlement to the parties to the conflict. Preparing a report on the case and referring it to the competent investigation authority if it turns out that the incident constitutes a crime of domestic violence, as well as any obligations determined by the Supreme Council for Family Affairs. – Article (8) indicates to enable the concerned administration to carry out settlement in cases of family conflict according to controls that guarantee the interest of the family. In doing so, it may seek the opinion of any religious scholars, social, psychological or legal specialists with no less than five years of experience. A decision shall be issued by the Supreme Council for Family Affairs specifying the rules for selecting these specialists in coordination with the relevant authorities, giving Priority is given to amicable solutions that take into account the social and humanitarian dimensions. Eliminating the complaint or reconciliation with the aggressor, as well as eliminating the possibility of stopping the criminal case in some serious cases, especially sexual abuse and violence against children and those who lack or lack capacity – or crimes of domestic violence that occur against the parents of children in accordance with Article (9). Article (10) stipulates that the concerned administration undertakes to settle the dispute in incidents of domestic violence, provided that the two parties or their legal representatives agree, as for those who lack or lack capacity. The Public Prosecutor or the Urgent Matters Judge shall, upon the request of the concerned administration, appoint their representatives, and the last paragraph of the article specifies the procedures to which the concerned administration is committed when considering the settlement. According to Article (11), anyone who knows or witnesses the existence of a case of domestic violence must report it to the concerned administration, the police station, or the competent investigation body, provided that the person submitting the report enjoys legal protection, and this protection extends to whoever requires it in accordance with what is decided by the competent investigation authorities, with an obligation to maintain confidentiality and not disclose the identity of the whistleblower unless required by judicial procedures. Other than that. – Article (12) requires employees of the relevant department, police officers, and competent investigation authorities to inform the assaulted person of the legal procedures available to him, in addition to the possibility of obtaining a protection order. – An amended system for protection orders has been introduced, specifying the measures that may be included in those orders in order to achieve immediate deterrence and effectiveness in protection, while stipulating the possibility of complaining about those orders and amending them, in addition to exempting the person seeking protection from judicial fees and expenses, in accordance with Articles (13 and 14). (15) The administration undertakes the task of notifying the aggressor of the issuance of the protection order and following up on its implementation in cooperation with the competent authorities. It must submit a report on this periodically to the authority that issued the protection order every (14) days. In the event of the aggressor breaching the protection order, the administration must submit a report thereon to the competent investigating authority – Article (16) allows the aggressor or his representative to request the issuance of an order enabling either of them to receive the assaulted person’s personal belongings and enter his residence to receive them, and this shall be submitted. The request is to the competent court and is considered before the judge of urgent matters. It also authorized the competent investigating authority, based on the request of the victim, to issue an order to do so in a complaint pending before it, and the delivery or entry shall be accompanied by the police force and one of the judicial officers. Article (17) clarifies the mechanism of procedures to be followed in the event of a dispute over the ownership of personal items, after presenting the matter to the issuer of the delivery order first, who has the right to present the matter to the President of the Court of First Instance or his representative if a doubt arises. The person who objects to the delivery has the right to raise Grievance to the President of the Court of First Instance or his representative. Article (18) specifies the penalty for coercing the assaulted person into a crime of domestic violence with the intention of forcing him to retract his complaint, making it imprisonment for a period of not less than a week and not exceeding six months and a fine of not less than one hundred dinars and not exceeding one thousand dinars, or one of these two penalties unless any other law stipulates a more severe penalty. Article (19) tightened the penalty for failure to report incidents of domestic violence that occur against children or Incapacitated or incapacitated, and made it imprisonment for a period not exceeding one year and a fine not exceeding two hundred dinars, or one of these two penalties. Article (20) stipulates the punishment for whoever submits a false report about a case of domestic violence, which is imprisonment for a period not exceeding two years and a fine not exceeding five hundred dinars, or one of these two penalties. Article (21) punishes whoever violates a protection order with imprisonment for a period not less than one month and not exceeding three months and a fine not less than five hundred dinars. The penalty shall be increased if the violation of the protection order or its measures is accompanied by the commission of an act of domestic violence, by imprisonment for a period of not less than three months and not exceeding six months and a fine of not less than one thousand dinars and not more than two thousand dinars or by one of these two penalties. Article (22) prohibited the publication or broadcast of any information about domestic violence cases before or during the trial or after the issuance of their sentence. The prohibition extended to unofficial bodies, and permitted The article publishes a summary of the ruling without mentioning the names, titles, or photographs of the parties. The article stipulates that the person responsible for publishing, broadcasting, or broadcasting shall be punished with a penalty of imprisonment of not less than one month and not more than three months, and a fine of not less than one thousand dinars and not exceeding five thousand dinars, or with either of these two penalties. – Article (23) clarifies the mechanism for announcing, communicating, and executing procedures and orders issued by the concerned administration, the investigating authority, or the court by means of modern electronic advertising, and the announcement was considered to produce its legal effects from date and time. Its completion. Article (24) stated that the concerned administration may seek the assistance of the police force to ensure protection and implement the procedures stipulated in this decree-law, taking into account the assistance of the women’s police in incidents that require this. Article (25) stipulates that the Public Prosecution has the jurisdiction to investigate, act, and prosecute all crimes stipulated in this decree-law. Article (26) guarantees confidentiality and privacy for all procedures and correspondence related to cases of domestic violence, and the permissibility of using identification codes to protect the identity of victims. Article (27) granted The status of judicial police is by a decision issued by the President of the Supreme Council for Family Affairs for the competent employees in the relevant administration and enabling them to exercise oversight and control incidents that violate the provisions of this decree law. Article (28) stipulates that the provisions of this decree law shall not prejudice any protection or better right established by another law. Article (29) stated that the executive regulations for this decree law are prepared by the Supreme Council for Family Affairs and issued by the Council of Ministers based on the proposal of the competent minister. Article (30) abolished the law No. 16 of 2020 regarding domestic violence and every text that contradicts this decree law. – Article (31) obligated the Prime Minister and the ministers to implement this decree law and specified the effective date of it from the date of its publication in the Official Gazette.
