Kuwaiti Penal Code No. 16/1960, the same as the Criminal Code
Lawyer in Kuwait
Introductory provisions (1-17)
Article 1
The act is not a crime and may not be punished for, except on the basis of a provision of law.
Basic principles (1-10)
Article 2
The offences in this Act are two types: felonies and misdemeanours.
Applicability of the law in terms of location and ratione temporis (11-17)
Article 3
Crimes are offences punishable by death, life imprisonment, imprisonment for more than three years and a fine of up to 3,000 rupees, or one of these penalties.
Article 3
Crimes are offences punishable by death, life imprisonment or temporary imprisonment for more than three years.
Article 4
Criminal proceedings in felonies fall 10 years from the day of the felony.
The sentence, if it is one of the penalties mentioned in the preceding article, shall lapse 20 years from the time of the final decision, except the death penalty, which shall lapse 30 years.
Article 5
Misdemeanours are offences punishable by imprisonment for a term not exceeding three years and a fine or by one of these penalties.
Article 6
The criminal case is dropped in misdemeanours five years after the day of the crime.
The sentence, if it is one of the penalties mentioned in the preceding article, shall lapse 10 years from the time the sentence is finally established.
Article 7
The duration of the criminal proceedings shall not cease for any reason.
Article 8
The duration of the criminal proceedings is interrupted by the indictment, investigation, trial or investigation of the accused, or by a formal notice. In no case may the duration be prolonged because of the interruption of more than half of them.
Article 9
If there are multiple defendants, the interruption of the period in which a criminal action is dropped for one of them will result in a disruption to the remainder, even if no conclusive proceedings have been taken against them for the duration.
Article 10
The duration of the penalty shall be suspended by any impediment to the commencement of execution, whether legal or material.
This period of imprisonment shall be interrupted by the arrest of the sentenced person and the penalty for any enforcement action taken in the face of the sentenced person or to his knowledge.
Article 11
The provisions of this Law shall apply to any person who commits a crime in the territory of Kuwait and its dependencies.
It applies to any person who commits an act outside the territory of Kuwait that makes him an original or accomplice of an offence all or part of which occurred in the territory of Kuwait.
Article 12
The provisions of this Law shall also apply to any person of Kuwaiti nationality who commits outside Kuwait a punishable act in accordance with the provisions of this law and in accordance with the law applicable in the place where the act was committed, if returned to Kuwait without the foreign courts having acquitted him.
Article 13
In all cases, criminal proceedings are not instituted against an offender abroad if the foreign courts are found to have sentenced him definitively and his sentence has been fulfilled.
Article 14
Offences shall be punishable under the applicable law at the time of their commission, and no penalty may be imposed for an act committed prior to the entry into force of the act which established a penalty for such act.
Article 15
If, after the Act has been committed and before it is finally ruled, a law that is more favourable to the accused must be applied without jealousy.
However, if a law is issued after the final judgement making the act totally unpunished, the law must be applied and the sentence should be considered as not.
Article 16
An exception to the provisions of the preceding article, if the law establishing the penalty is a temporary law of a certain duration or a law calling for the issuance of emergency circumstances, it shall be applied to any act committed during the period of its validity, even if the term expires or is cancelled for the cessation of emergency conditions prior to the final judgement in respect of such act.
Article 17
Formal laws apply to any action taken in the course of these laws, even if it concerns an offence committed prior to its entry into force.
Unless otherwise stated, any procedure that has been properly established under applicable law remains valid.
Crime (3-56)
Criminal liability (18-25)
Article 18
A criminal who has not attained the age at the time of committing the crime is not asked seven years in full.
Article 19
If a juvenile who has attained the age of seven and has not done fourteen years commits a crime, the judge orders, rather than the punishment prescribed by law, either by depositing a school for the correction of juveniles, which shall remain a period fixed by the sentence, which must be released once he reaches the age of 18, or by scolding him in the hearing and handing him over to his Any on himself.
Article 20
If the juvenile, who has completed the age of 14 and has not done eighteen full years, commits an offence punishable by death, the judge shall be sentenced to imprisonment for a term not exceeding fifteen years. If he commits an offence punishable by life imprisonment, the judge shall be sentenced to imprisonment for a term not exceeding 10 years.
If he commits an offence punishable by provisional detention, the judge shall be sentenced to imprisonment for a term not exceeding half of the prescribed maximum limit. The penalty is not punishable by a fine, whether or not it is accompanied by a penalty of imprisonment, but not more than half of the maximum limit prescribed by law for the offence committed.
The provisions on recidivism shall not apply to an accused person who has not attained the age of eighteen years.
Article 21
If the accused’s age is not verified by the judge, the age is calculated in all cases by the Gregorian calendar.
Article 22
He is not criminally liable for the fact that, at the time of the act, he is incapable of recognizing his or her unlawful nature, or incapable of directing his will, because of mental illness, lack of mental development or other abnormal mental state.
If the accused is not liable in accordance with the provisions of the preceding paragraph, the Court shall, if it is considered to be dangerous to the public security, order that he be placed in the place of the patients with their minds, until the department of the shop has ordered his release in order to remove the reason for his deposit.
Article 23
He shall not be criminally liable, at the time of the Commission of the Act, to be incapable of recognizing his or her unlawful nature or ability, or incapable of directing his will, for the treatment of intoxicating or narcotic substances, if these substances are treated in an oppressive manner or without knowledge of them, or if their treatment entails becoming injured at the time of the act of mental illness; The provisions of the second paragraph of the preceding article shall apply.
Rule 24
He is not criminally liable for the fact that at the time of the act, he is not free to choose because he is not chosen under the threat of serious harm to himself or money.
Rule 25
A criminal who commits an act that has committed him or herself to protect himself or herself from a grave danger in the event of a self or money is not liable if his or her will has not entered into his or her own means, provided that the act is proportionate to the gravity of the risk.
Legal corner-Reasons for legalization (26-39)
Rule 26
An act is not a crime when a cause of permissibility is caused.
Rule 27
The reasons for permissibility are the use of the right, the legitimate defence, the use or execution by the public servant of an order that must be obeyed, and the consent of the victim.
Rule 28
No offence if the act is committed in good faith using a right established by law, provided that the perpetrator has committed the limits of this right.
Rule 29
There is no crime if the Act uses the right to discipline of a person authorized by law to do so, provided that it is bound by its limits and its intention is merely to be polite.
Rule 30
No offense if the act is committed by a person licensed to engage in medical or surgical work, and his intent is to heal the patient, and the patient is satisfied in advance or implicitly to do so, and the perpetrator has proved to be cautious and precautionary as required by the origins of the medical industry.
The consent given in advance is sufficient if the patient’s will is not legally considered. There is no need for any consent if the medical or surgical work is necessary immediately, or if the patient is in conditions that would not be able to express his or her will and it was not possible to obtain immediate consent of the person.
Rule 31
There is no crime if the act occurred during a sports match of a person participating in it, provided that the rules of caution and precaution are adhered to by the assets in this game.
Rule 32
No offence if the Act is committed in defence of the same perpetrator or his fate, or in defence of the same or his fate.
Rule 33
A case of legitimate defence is only if the risk to the self or the money is at stake, it cannot be paid by resorting to the protection of public authorities in due course.
Rule 34
A legitimate defence does not permit intentional homicide unless it is intended to pay a crime of the following offences:
First: A crime that fears that death or serious wounds may occur. If this apprehension has reasonable grounds.
Second: The sexual intercourse of a female without her consent or indecent assault by force.
Third: Kidnapping a human being by force or threat.
Rule 35
The case of a legitimate defence, even if the person against whom this right is used, is not criminally responsible in accordance with the provisions of articles 18-25.
Rule 36
If the person in good faith exceeds the limits of the legitimate defence, by using to pay the assault a force greater than that used by the habitual person if in his circumstances without intending to inflict greater harm than that required by the defence, the judge may, if the act is a felony, make him excused and be sentenced to a misdemeanour instead of The prescribed law.
Rule 37
No offence if the act is committed by a public servant in the course of his or her jurisdiction, in use of an authority established by law, or in order to obey the law, provided that the limits of authority or order are complied with.
Rule 38
An employee is not asked if he or she commits an act of authority that he or she believes is approved by law, or in execution of an order which he believes the law requires to obey.
The staff member must demonstrate that his or her belief was based on reasonable grounds and that he or she had the necessary verification and investigation to verify the legality of his or her guilt.
Rule 39
An act is not a crime if the victim is satisfied with the commission of the offence, and at the time of the act of 18 years of age, not under the influence of material or moral coercion, a world of circumstances in which the Act is committed and of the reasons for which it is committed. Consent is required to be prior to the Commission of the Act or its contemporary. However, the consent of the victim is irrelevant, and the act is a crime, if it would cause death or serious harm, or would be an offence regardless of the potential harm to the victim, or the provision of the law that such consent should not be counted.
Mental element-Criminal Intent and unintentional error (40-44)
Rule 40
If the act does not expressly sanction the act simply because it is associated with an unintentional error, it is punishable only if the perpetrator has criminal intent.
Rule 41
Criminal Intent is available if the perpetrator is determined to commit the act constituting the offence and to produce the result for which the offence is punishable.
The motive for committing the act in the availability of criminal intent is not a lesson, unless the law does otherwise.
Rule 42
Ignorance of the constituent text of the crime, or the erroneous interpretation of this provision, is not an impediment to the availability of criminal intent, unless the law otherwise provides.
Rule 43
If the act is committed under a false influence in fact, the perpetrator’s responsibility is determined on the basis of the facts that I believe exist if it is to execute or mitigate his or her responsibility, provided that his or her belief is based on reasonable grounds and on the basis of research and investigation.
If the mistake made by the perpetrator believed that he was not responsible for his action arising from his negligence and lack of precaution, he was asked of an unintentional responsibility if the act was punishable as an intentional crime.
Rule 44
An unintentional error is available if, at the time of the Act, the perpetrator acted in a manner that the habitual person, if found in his or her circumstances, did not have to do with recklessness, omission, negligence, lack of attention or failure to observe the regulations.
The perpetrator is so acting if, at the time of the act, he is not expected to have the results that the habitual person could have expected, he could not have done so, or expected it, but relied on his skill to prevent it from happening, which nevertheless occurred.
Physical element-Initiation and multiplicity of offenders (45-56)
Rule 45
Attempt to commit an act for the purpose of execution if, for reasons beyond his or her will, the perpetrator is unable to complete the crime. An attempt to commit a crime is not merely thought of or determined to be committed.
The accused is a street, whether he has exhausted his activity and has not yet been able to complete the crime, or has been arrested against his will without doing all the acts he could have committed. The Act does not preclude an attempt to prove the impossibility of the crime to circumstances that the perpetrator is unaware of.
Rule 46
The initiation of the following penalties shall be punishable, unless otherwise decided by law:
Life imprisonment if the penalty for the complete offence is death.
Imprisonment for a term of not more than fifteen years if the penalty for full crime is life imprisonment.
Imprisonment for a term not exceeding one half of the maximum sentence of the total crime.
A fine not exceeding one half of the maximum penalty prescribed for a complete crime.
Rule 47
is a crime offender:-
First: Who commits a unit or with another act constituting the crime, or actually comes from its constituent acts.
Second: Those who have committed acts of assistance during the commission of the crime, or are present at the place where the crime is perpetrated or in proximity with a view to overcoming any resistance or with a view to strengthening the offender’s determination.
Third: Whoever incites the commission of the crime is a person who is not responsible for criminal responsibility or a bona fide person.
Rule 48
is a partner in the crime before it occurs:-
Firstly: Who incited the commission of the Act constituting the crime, and signed on the basis of such incitement.
Second: who agreed with others to commit the act constituting the crime, signed on the basis of this agreement.
Third: Those who, in any way, helped the perpetrator in the work of the crime equipped with the knowledge of it, signed on the basis of this assistance.
Rule 49
He is a partner in the crime after the fact that he was a scientist who committed the crime and issued one of the following acts:
First: Concealing the accused, whether or not he was an original perpetrator of the crime or was a partner before it occurred.
Second: Concealment of objects obtained from the commission of the crime or used in the commission of the offence, which is equal to concealment in respect of the same objects obtained or used in the commission of the offence or in respect of objects which have been replaced or resulting from its disposition.
Third: The illegal partner, a scientist, has a benefit for himself or another person behind the commission of the crime.
Rule 50
The perpetrator shall be punished with the penalty prescribed for the offence committed or contributed to it. If there is a multiplicity of actors, one of whom is not penalized for incompetence or for lack of criminal intent or a deterrent to punishment, the other perpetrators must be punished with the sanction prescribed by law.
The penalty prescribed for an offender shall not be affected by the circumstances available to others and would alter the characterization of the crime if it is not a scientist in such circumstances.
Rule 51
If an offender performs the crime in a manner different from that originally intended, or commits a crime other than the one originally intended, the other perpetrator was responsible for what actually occurred when the manner of execution or the crime actually occurred was a possible consequence of the original implementation plan or of the crime to which it was originally committed.
Rule 52
Those who have participated in a crime before they do so shall be punished, unless otherwise decided by law.
If the perpetrator is not penalized for an impediment to punishment, the partner must be punished with the legally prescribed penalty.
The partner has no influence on the particular circumstances of the perpetrator requiring a change in the description of the offence if the partner is not a scientist in such circumstances.
Rule 53
A partner in a crime shall be punished before the offence is imposed, even if it has been committed in the manner in which it was originally intended, or if the crime that occurred is not the intentional participation, when the manner of execution or the crime that has already occurred is a possible consequence of the acts of complicity it has committed.
Rule 54
If the partner has been modified to contribute to the crime before it has occurred and has informed the perpetrator or perpetrators before they begin to execute it, there is no punishment.
However, in case of co-operation, it is required that the perpetrator or the perpetrator be deprived of the means of assistance that he or she has provided, before the offence is initiated, whether by recovery or by rendering it unfit for use in the pursuit of the criminal purpose.
Rule 55
After the offence, the accomplice shall be punished with the penalty prescribed, unless the offence is a felony, the penalty may not exceed five years ‘ imprisonment.
The offender’s sentence shall not be imposed upon the spouse of the accused, his or her ascendants or descendants if they have been convicted or assisted in the disappearance.
Rule 56
If two or more persons agree to commit a felony or a misdemeanour, and so on, they are not expected to modify what they have agreed to, each of them being responsible for a criminal agreement even if the crime is not the subject of the agreement.
The criminal agreement is punishable by imprisonment for a term not exceeding five years if the offence under the agreement is the death penalty or life imprisonment. If the penalty for the offence is less than that, the penalty for the criminal agreement is imprisonment for a term not exceeding one third of the period of imprisonment prescribed for a crime or a fine not exceeding one third of the amount of the fine prescribed for the offence.
Anyone who has informed the public authorities of the existence of a criminal agreement and of those who participated in it, prior to searching and inspecting and before any crime, is exempt from punishment. If the news is after search and inspection, it must actually reach the other two agreed.
Punishment (13-91)
Original penalties (13-65)
Rule 57
The original penalties which may be judged in accordance with this law are:
-Execution.
-Life imprisonment.
-Temporary confinement.
Rule 58
Each sentenced to death is executed by hanging or firing.
Rule 59
If a woman sentenced to death is found to be pregnant and her fetus is alive, the death penalty is commuted to life imprisonment.
Rule 60
The death penalty may be carried out only after ratification by the Emir, and he or she shall be entitled to pardon or otherwise replace the sentence.
Rule 61
Life imprisonment takes the lives of a convict and is always associated with a job.
Rule 62
Temporary confinement of not less than twenty-four hours, and not more than fifteen years.
Rule 63
If the term of imprisonment specified in the sentence was six months or more, it was in the custody of the job, and if not more than a week, it was a simple confinement and if it was less than six months and more than a week, it was a simple confinement unless the court decided to be held in custody.
Rule 64
The penalty with a fine is the obligation of the sentenced person to pay the state the amount that the Court appreciates according to the law, and may not be less than 10 dinars.
If the sentenced person does not pay the amount of the fine obtained through the execution of his money, if it is not possible to carry out the forced execution, the convict may be subjected to physical coercion in accordance with the rules established in the Code of Criminal Procedure.
Rule 65
The court may oblige the sentenced person to a sentence other than the death penalty to pay all or part of the trial expenses, and the sentence shall be executed in accordance with the same rules as for the execution of the sentence of fine.
Ancillary penalties and supplementary penalties (26-80)
Rule 66
The ancillary and supplementary penalties prescribed in this Act are:
1. Deprivation of the rights and privileges provided for in article 68.
2. Dismissal from public office.
3. Deprivation of profession.
4. Closure of public shops.
5. Police monitoring.
6. Confiscation.
7. Deportation of the alien from the country.
8. To make a commitment to maintain security and the obligation of good conduct, accompanied by or accompanied by bail.
Rule 67
The penalty is accessory if it is prescribed by law as an inevitable effect of the original sentence, and is supplementary if the signature is dependent on the judge’s pronunciation, whether or not the law requires it.
Rule 68
Each sentence of a felony shall inevitably deprive the sentenced person of the following rights:
1. To take up public office or to act as a contractor or as an obligor in the state account.
2. Nomination or appointment as a member of the boards and public bodies.
3. Participation in the election of members of public councils and bodies.
Rule 69
If a person sentenced to a felony has a criminal offence at the time of the judgement becoming enforceable, one of the rights set forth in the preceding article shall be immediately denied.
Rule 70
A judge, if a public servant is sentenced to a misdemeanour for bribing or torturing an accused person to confess or use the Employment authority solely for the purpose of harming an individual or using official stamps in contravention of the law or forgery, shall be required to be removed from employment for a period specified by the sentence, at least one year and not more than Five years.
Rule 71
Insulation from a general function is the deprivation of the same function and its salaries and all associated benefits. If, at the time of the enforceable judgement, the convict is not an employee, he may be unfit for any public office.
Rule 72
Each sentence of a felony shall be issued against a person who engages in a free profession regulated by law and whose practice requires a licence to do so for an offence committed during or for the course of the occupation and which includes a breach of the duties imposed by law or by the customary assets of the profession, allowing the judge to rule by deprivation Convicted of practicing this profession for a period not exceeding ten years. If a sentence of imprisonment exceeds seven years. The judge must rule that the convicted person is deprived of his or her profession for life.
Rule 73
If a sentence is imposed for the exercise of a trade in a public place that has been prepared, the judge shall not meet the requirements of the law, so that the life, health or safety of one or more persons, or the disturbing of comfort, may be closed until the convict proves that the conditions have been met.
Rule 74
Anyone sentenced to a term of imprisonment exceeding seven years for a felony against the security of the state, piracy, murder, fire, robbery, forgery of coins, imitation or forgery of official seals, banknotes or official papers shall be placed under police control for a period equivalent to half of his sentence, but not exceeding five years.
Rule 75
Any sentence of imprisonment for a return, in theft, fraud, dishonesty or extortion of the money of others, authorizes the judge to sentence him to police supervision for a period of not less than one year and not more than two years.
Rule 76
Any person subject to police control must abide by the following rules as soon as this penalty is enforced:
Firstly, he must notify his place of residence of his police station, and the police station may not approve the residence in this place if it is located in the area where the crime was committed.
Secondly, he must always carry a card delivered to him by his police station where he has his residence, in which he has written all the statements that define his personality and must provide them to the policemen at each request.
Thirdly, he must present himself to his police station once a week, in his time on his card, and each time he is assigned by the police station.
Fourthly, he must be in his place of residence between sunset and sunrise, unless he obtains a permit from the police station authorizing him to be absent in all or some of these periods.
Rule 77
Any violation of the provisions of the preceding article, without an acceptable excuse, requires that the person subject to police supervision be sentenced to imprisonment for a term not exceeding one year and to a fine not exceeding 1,000 dinars or one of these penalties.
Rule 78
The judge may, without prejudice to the rights of a non-bona fide person, be sentenced for a premeditated felony or misdemeanour to confiscate the seized objects that were used or would have been used to commit the crime and the objects from which it was obtained.
If the objects mentioned in the preceding paragraph are the manufacture, possession or handling of a crime in its own right, the judge has to rule on its seizure, even if it is in the interest of a bona fide third party.
Rule 79
Any sentence of imprisonment for a foreigner, the judge may order his deportation from Kuwait after the completion of his sentence, without prejudice to the right of the administrative authority to deport each foreigner in accordance with the law.
If the alien is sentenced to a felony or a custodial penalty for a crime against honour or honesty, the judge shall remove him from Kuwait after the execution of the sentence.
The Office of the Public Prosecutor shall declare a judge’s order once the sentence has been carried out, to the administrative authority which shall carry it out.
Rule 80
Cases in which the convicted person may be punished with an obligation to maintain security and good conduct, accompanied by a guarantee or unaccompanied, and the provisions applicable in such cases shall be set forth in the Code of Criminal Procedure in the chapter on preventive measures.
1.1.3.3. Commutation and tightening of sentence
(81-86)
Rule 81
If a person is charged with a crime that warrants a sentence of imprisonment, the court may, if it considers his or her morals, past or Sunnah or the circumstances in which the crime is committed or the triviality of the offence, give reason to believe that it will not be criminal, to decide to refrain from pronouncing punishment, and to entrust the accused with a personal or eye guarantee or Ensure that certain conditions are observed and that good behaviour is maintained for as long as it is limited to two years. The court may decide to place it during this period under the control of a person designated by it, and can change that person upon request and after notification to the accused.
If the time limit set by the court expires without prejudice to the terms of the undertaking, the previous trial proceedings were deemed not to have been.
If the accused breaches the terms of the undertaking, the Court shall, at the request of the indictment authority or the person who controls him or the victim, order the trial to proceed, and shall punish him for the offence he has committed and, if any, to confiscate the bail in kind.
Rule 82
The court may, if it decides to imprison the accused for a period of not more than two years or a fine, order a stay of execution, if it finds out the morality of the accused, his past, a year or the circumstances in which his crime is committed, believing that he will not return to criminality, and the convicted person shall sign an undertaking, accompanied by personal or or without bail, according to the court’s report.
A stay-of-execution order is issued for a period of three years from the day of the judgement to become final, and if that period expires without a decision to cancel the stay of execution, the sentence of punishment was deemed not to have been imposed.
A stay of execution may be revoked if, during the period of the stay, the sentenced person is sentenced to imprisonment for an offence committed during or prior to the period in which the court was not aware when ordering a stay of execution, and the stay of execution may also be revoked if a custodial sentence is found before the order of suspension and the court has not been a scientist. If the suspension is suspended, the accused has been sentenced to the sentence, and in-kind bail, if any, has been confiscated.
The court which ordered the stay, as well as the court that issued a sentence of imprisonment for the duration of the stay, and the decision to cancel the stay at the request of the indictment authority or the victim, shall be competent to cancel the stay of execution.
Rule 83
The court may, if it considers the accused worthy of clemency in view of the circumstances in which the offence was committed, or in view of his past, morals or Sunnah, replace the death penalty with life imprisonment or a term of imprisonment of not less than 10 years, and that the penalty of life imprisonment shall be commuted to a term of imprisonment of not less than Seven years.
The penalty of provisional imprisonment shall not be less than one third of the maximum limit established for the offence.
This is all unless the law provides for another minimum.
Rule 84
If a person commits a crime for one purpose, so that some of them are inextricably linked, they shall not be sentenced to the most severe punishment. If a single act is a multiple crime, the offence for which it is punishable shall be considered the most severe and only the sentence imposed.
If a person commits a sentence of crimes other than the two preceding cases, the penalties imposed on him are numerous.
Rule 85
is a returnee who has already been sentenced to a criminal offence and has subsequently committed a felony or misdemeanour.
The court may eliminate the return by more than the prescribed limit of the crime, provided that this limit is not doubled.
Rule 86
If the accused has been sentenced to a misdemeanour for the commission of a crime of theft, fraud, dishonesty, forgery or attempted murder, within five years from the date of the said sentence, a criminal offence has been established or attempted, the court may eliminate it by more than the maximum limit legally prescribed by A condition that this limit should not be exceeded by more than half.
Release under Condition (87-91)
Rule 87
Any person sentenced to imprisonment who has served three quarters of his sentence shall be released under a condition of no less than a full year, if during this period he has been well-behaved and his release does not result in a breach of security.
If the sentence is life imprisonment, the sentence must not be less than 20 years.
The release shall be subject to the remainder of the sentence, or for a period of five years, whether the penalty is life imprisonment, and the competent authority may order that the released person be placed throughout this period under the supervision of someone who appoints him, and shall determine the conditions to which the released persons are bound, and shall indicate that the violation of these conditions is a reason To cancel the release.
Rule 88
If the released person is in a bad position during the period in which he was released, the release shall be cancelled, and the convict shall be returned to the place designated to carry out his sentence to meet the time remaining on the day of his release.
Rule 89
After the cancellation of the release, the sentenced person may be released another term in accordance with the provisions of article 87, in which case he shall spend three quarters of the term of the sentence to be fulfilled when the release is cancelled. If the penalty is life imprisonment, he cannot be released again before four years.
If the release of the released person is worse during this second term, it shall be cancelled in accordance with the provisions of the preceding article and the convict may not be released afterwards.
Rule 90
If the release is not cancelled until the expiry of the first period in which the convict was released or until the expiry of the second term, the release became final.
Rule 91
The Attorney-General is competent to issue the order of release and to abolish it.
Offences prejudicial to the public interest (96-404)
Desecration of religions (96-118)
Rule 109
Anyone who has destroyed, damaged or desecrated a place for the establishment of religious rites, or has entered into an act that violates due respect for this religion, and has been a scientist in its own right, shall be liable to imprisonment for a term not exceeding one year and a fine not exceeding 1,000 dinars or one of these penalties.
The same penalty shall be imposed on anyone who commits an act in breach of the calm due to a meeting within the limits of the law for the establishment of religious rites, intending to disrupt or impair due respect, or to infringe any person present at this meeting.
Rule 110
Anyone who has violated the inviolability of a place to bury the dead, to preserve their remains, to establish funeral ceremonies, or to cause inconvenience to persons who have gathered for the purpose of funeral ceremonies, or who has violated the sanctity of a person, is punishable by imprisonment for a term not exceeding one year and a fine of no more than 1,000 dinars or either.
Rule 111
Anyone who, in one of the public ways set out in article 101, broadcasts opinions that include ridicule, contempt or reduction of religion or religious denomination, whether by contesting his or her beliefs, rituals, rituals or teachings, shall be liable to imprisonment for a term not exceeding one year and to a fine not exceeding 1,000 dinars or one of those penalties.
Rule 112
No offense if a research in a religion or religious doctrine is broadcast in a lecture, essay or scientific book, in a quiet, balanced manner devoid of sensational words, the researcher’s good faith has proved to be pure scientific criticism.
Rule 113
Any person who has published a sacred book in a religious faith and has deliberately misrepresented it in a manner that alters its meaning shall be liable to imprisonment for a term not exceeding one year and to a fine not exceeding 1,000 dinars, intending to offend this religion.
Offences relating to the employment of active employees (114-404)
Bribery (114-160)
Rule 114
Every public servant who has requested or accepted, for himself or herself, money or benefit or just a promise of something, in exchange for doing an act of his job, even if the work is indeed, or to abstain from such work, even if it is not right, shall be punished by imprisonment for a term not exceeding seven years and a fine equal to that given or promised, until If it proves that the employee was determined to do the work he promised to do or not to abstain from the work he promised to abstain from.
Any public servant who has requested or accepted for himself or herself or for others the money, benefit or mere promise of any act or omission that does not fall within the competence of his post shall be punished by the preceding penalties, but he is alleged to be in it.
A bribe is a special benefit that gets to the employee or other sale of goods or property at a price greater than its value, or buy it at a price that is reduced, or from any contract between the Rasashi and the bribed.
Rule 115
The penalties provided for in the preceding article shall be punished by any person who has provided the public servant with money, benefit or promise, and the employee has accepted what he or she has provided to him, and the same punishments shall be imposed on the bribe-taker.
If he told the public authorities of the crime, he was exempted from the punishment.
Rule 116
Any person who uses force, violence or threats against a public servant shall be punished with the penalties prescribed for bribery, which shall obtain from him the exercise of a non-right order or the performance of his job.
Rule 117
Anyone who has begun to give bribes and who has not been accepted, or coerced by beating, threatening, or against their intention, shall be liable to imprisonment for a term not exceeding one year and a fine not exceeding 1,000 dinars or one of these penalties.
Rule 118
Any employee who is a public servant who has performed his job or who has failed to perform any work, money or benefit after performing or abstaining from work, as a reward, shall be liable to a term of imprisonment not exceeding three years and a fine equal to money or benefit.
The same penalties shall be imposed on the person who has provided the money or the benefit and the person who has submitted it.
Rule 119
Anyone who requests for himself or herself or before or takes a promise or gift to use real or delusional influence to obtain or attempt to obtain from any public authority for the benefit of any of them shall be deemed to be the bribe-taker and the penalty provided for in article 114 if he is a public servant shall be punished by imprisonment for a term not exceeding three Years and with a fine equal to what he gave or promised him.
Each entity under its supervision is a public authority.
Misuse of employment (120-222)
Rule 120
Every public servant who uses his employment authority for the sole detriment of an individual shall be liable to imprisonment for a term not exceeding three years and to a fine not exceeding 3,000 dinars or one of these penalties.
Rule 121
Every public servant who uses cruelty with people in the performance of his job, or who is obliged to work in other than cases where the law permits, shall be liable to imprisonment for a term not exceeding one year and a fine not exceeding 1,000 dinars or one of these penalties.
Rule 122
Every public servant who enters the dwelling of an individual without his consent, in circumstances other than those prescribed by law, or without observing the procedures set forth therein, shall be liable to imprisonment for a term not exceeding three years and a fine not exceeding 3,000 dinars or one of these penalties.
Rule 123
Every public servant who is charged on the basis of his duties by giving testimony or submitting statements that would affect the rights of the individual, in a bad way, shall be punished with imprisonment for a term not exceeding three years and a fine of not more than 3,000 dinars or one of these penalties, if the result of the damage is done.
Article 124
Each public servant, charged on the basis of his duties of receiving funds for the State and maintaining or administering it, makes incorrect statements concerning these funds, a world of invalidity, punishable by imprisonment for a term not exceeding five years and a fine of not more than 5,000 dinars or either of those penalties.
Rule 125
Every public servant who has used his or her power to coerce an individual to sell his or her money or to dispose of his or her right, whether in the interest of the employee himself or herself, shall be liable to a term of imprisonment not exceeding three years and a fine not exceeding 3,000 dinars or one of these penalties.
In any event, the dismissal of the employee shall be ruled.
Impersonation (126-237)
Rule 126
Anyone who claims to be a public servant and who, on the basis of this false status, carries out an act within the jurisdiction of the staff member who has assumed his or her status, or enters a place which is not permitted to enter, shall be liable to a term of imprisonment not exceeding two years and a fine not exceeding 2,000 dinars.
Rule 127
Anyone who has taken a uniform or a mark of a group of employees, intending to obtain undue benefits or harming an individual, shall be liable to imprisonment for a term not exceeding one year and a fine not exceeding 1,000 rupees or one of these penalties.
If this intention was not available to him, the penalty was a fine not exceeding three hundred dinars.
Escape of prisoners and detainees (128-259)
Rule 128
Anyone who has been arrested in accordance with the law, who has escaped, shall be sentenced to imprisonment for a term not exceeding one year and to a fine not exceeding 1,000 rupees or one of these penalties. If he has been sentenced to imprisonment, the penalty shall be a term of up to three years ‘ imprisonment and a fine not exceeding 3,000 rupees or one of these punishments.
Rule 129
Any person who is charged on the basis of his or her duties under arrest or detention, intentionally enabling him or her to flee, or to disregard him for escape, shall be punished by imprisonment for a term not exceeding seven years and may be added to a fine not exceeding 7,000 dinars.
The same penalty shall be imposed on any person who is charged with the duties of arresting a human being and deliberately aiding him to flee from the face of the judiciary, enabling him to flee.
Article 130
A person who has been charged on the basis of his duties as an arrested or detained guard, who has been neglected in his custody until he is able to flee, shall be liable to imprisonment for a term not exceeding one year and to a fine not exceeding 1,000 rupees or one of those penalties.
Article 131
Anyone who has been arrested or imprisoned for escape, in the circumstances other than the above, shall be liable to imprisonment for a term not exceeding three years and a fine not exceeding 3,000 dinars or one of these penalties.
Rule 132
Anyone who, by himself or herself, has concealed a person who has been seized of a warrant or who has escaped after arrest or confinement, as well as anyone who, in any way, has assisted him or her to flee the court with his knowledge, shall be liable to imprisonment for a term not exceeding two years and a fine not exceeding 2,000 dinars or one of those penalties.
These provisions do not apply to a husband or wife who is concealed or has no eyes to flee or to his or her assets or subsidiaries.
Article 133
Anyone who knows of a felony or a misdemeanour, if he or she has a belief in the occurrence of the offence, and who has been assisted by the perpetrator to flee the court, either by harbouring the perpetrator or by concealing the evidence of the crime, shall be liable to imprisonment for a term not exceeding one year and a fine not exceeding 1,000 dinars or one of those penalties.
These provisions do not apply to the perpetrator’s husband or wife or to his or her assets or subsidiaries.
Assault on a staff member in the performance of his/her job (134-305)
Article 134
Any person who insults by saying or referring an employee in the course of his or her duties shall be liable to imprisonment for a term not exceeding three months and a fine not exceeding 100 rupees or one of these penalties, if the offence is punishable by a court of law or one of its members during the hearing, the penalty shall be imprisonment for no Exceeding one year and a fine not exceeding 1,000 dinars or one of these penalties.
If the victim is a police force, the penalty shall be a term of up to six months ‘ imprisonment and a fine of no more than 3,000 dinars or one of these punishments, which shall apply if an army or National Guard is insulted. (This paragraph was added under Act No. 12 of 2008, article 1).
Rule 135
Anyone who has infringed or resisted a public servant by force or violence in the performance of his or her duties shall be liable to a term of imprisonment not exceeding one year and to a fine not exceeding 1,000 dinars or one of these penalties, without prejudice to any other penalty prescribed by law for any action associated with infringement or resistance.
If the victim is a police force, the penalty shall be a term of up to two years ‘ imprisonment and a fine of no more than 3,000 dinars or one of these penalties. (This paragraph was added under Act No. 12 of 2008, article 1).
If the police force member is assaulted while discharging his duties to disperse a gathering, meeting, demonstration, procession or assembly, with a view to resisting or disrupting his functions, the penalty shall be a term of up to five years ‘ imprisonment and a fine not exceeding 5,000 dinars or one of these penalties. All this is without prejudice to any other punishment that the law entails for any act associated with assault or resistance. (This paragraph was added under Act No. 12 of 2008, article 1).
The provisions of the preceding paragraphs shall apply if an infringement or resistance to a military member of the army or the National Guard takes place. (This paragraph was added under Act No. 12 of 2008, article 1).
Rule 135 bis 1
Without prejudice to any more severe penalty prescribed by law, anyone who contravenes the provisions of the regulations set forth in article 73 of the Constitution shall be liable to a fine not exceeding 100 dinars.
Crimes relating to the conduct of justice (136-148)
Certificate of Perjury (136-139)
Rule 136
Anyone who has been assigned to testify in front of a judicial authority and sworn, and who has made false statements knowing that they are not correct, shall be liable to imprisonment for a term not exceeding three years and a fine not exceeding 3,000 dinars or one of these penalties.
The witness is falsely judged by anyone who is assigned an act of experience or translation by the judiciary, intentionally altering the real in any way.
Article 137
If the perjury results in the sentencing of an accused person to a prison sentence, those who testify falsely shall be sentenced to imprisonment for a term not exceeding seven years and to a fine not exceeding 7,000 dinars or one of these penalties.
If the perjury results in the sentencing and execution of the death penalty, the person falsely sentenced to death or life imprisonment shall be punished.
Article 138
Anyone who is a witness to the failure to perform the certificate or hate to perform false testimony shall be judged, as appropriate, by the penalties prescribed in the two preceding articles.
Article 139
Every person who has been assigned to testify before a non-judicial body and sworn to abide by the truth, made false statements knowing that they are untrue, shall be punished by imprisonment for a term not exceeding one year and a fine not exceeding 1,000 rupees or one of these penalties.
Refraining from testifying and providing the necessary assistance to the judiciary (140-142)
Rule 140
Any person who has been assigned to testify before the courts and who has failed without an acceptable excuse to attend, shall be liable to imprisonment for a term not exceeding six months and a fine not exceeding 500 dinars or one of these penalties.
Article 141
Anyone who has destroyed an editor who has been prepared to submit to a judicial authority or which would have been useful in any judicial proceedings, or to make it impossible to extract the necessary data for the determination of an existing case or likely to do so, intending to prevent it from being used in an exhibition of evidence, shall be punished by imprisonment for a term not exceeding one year A fine of not more than Rs. 1,000 or one of these penalties.
Rule 142
Any person who, in accordance with the procedures established by law, has been assigned to a staff member with jurisdiction shall be liable to imprisonment for a term not exceeding three months and to a fine not exceeding 100 dinars or one of these penalties.
refraining from reporting and preventing crimes (143-144)
Rule 143
Anyone who knows that there is a project to commit murder, fire or theft at a time when it is possible to prevent the commission of such a crime, and refrain from reporting it to the public authorities or to the persons at risk, shall be liable to imprisonment for a term not exceeding one year and a fine not exceeding 1,000 dinars or one of these penalties
This article is not governed by the spouse of any person who has a hand in that project, its origins or its subsidiaries.
Rule 144
Anyone who intentionally fails to provide assistance to a person who is in danger of a grave risk to himself or his property, if the risk arises from a public disaster as drowning, fire, flood or earthquake, is liable to a penalty of not more than three months ‘ imprisonment and a fine of no more than one hundred dinars, and the withholding of assistance has led He saw and was not afraid to present them, and the omission was contrary to an order issued in accordance with the law by a public servant acting on his duties to prevent this danger from being realized.
False communication (145-145)
Rule 145
Anyone who has been submitted to a public official responsible for taking the proceedings arising from the Commission of the offences, a written or oral communication, including the attribution of a punishable fact to a person who has not been issued, a scientist who is not valid, shall be liable to imprisonment for a term not exceeding two years and a fine not exceeding 2,000 dinars or one of those penalties.
The expectation of the previous penalties was that the staff member who received the communication was not competent to take action arising from the particular incident reported, or the proceedings had not actually been taken to the communication.
Article 145 bis. Commencement of employment Date: 05/09/1976 ft. Under the Act of 62 of 1976
Anyone who has disturbed a public authority, administrative body or person in charge of a public service by informing in any way about the occurrence of disasters, accidents or dangers that do not exist shall be liable to imprisonment for a term not exceeding three years and a fine of not more than 1,000 dinars or one of these penalties.
The Court further provides the expenses that caused the inconvenience.
Influencing the judiciary and offending its reputation (146-147)
Rule 146
Anyone who has tried and is bad intentionally, by order, request, threat, hope or recommendation, carrying a staff member with jurisdiction to take unlawful action, or to refrain from taking measures prescribed by law, shall be liable to imprisonment for a term not exceeding two years and a fine not exceeding 2,000 rupees or one of these penalties. .
Article 147
Any person who, by means of publicity set forth in Article 101, is liable to the due respect of a judge, in a manner which calls into question his or her impartiality or interest in his or her commitment to the provisions of the law, shall be punished by imprisonment for a term not exceeding two years and a fine not exceeding 2,000 dinars.
There is no offence if the act of the accused does not exceed the limits of fair criticism issued by a good intention of a judgement, whether the criticism relates to the extraction of facts or how the law applies.
Seals Sealing (148-148)
Rule 148
Any person who intentionally unsealed a stamp in order to preserve papers or objects in places, on the basis of a judicial or administrative order, shall be liable to imprisonment for a term not exceeding one year and a fine not exceeding 1,000 dinars or one of those penalties.
Crimes against individuals (149-165)
Rule 149
Anyone who intentionally kills a person shall be sentenced to death or life imprisonment and may be added to a fine not exceeding one thousand and twenty five dinars.
The perpetrator, however, is liable to the death penalty if she or she submits it or is accompanied or followed by another felony. (This paragraph was added by virtue of the Amiri Decree of Law No. 62 of 1976, article 3).
If it is intended to prepare for, facilitate or actually commit a misdemeanour or to assist its perpetrators or accomplices in escaping or disposing of the penalty, the penalty shall be death or life imprisonment. (This paragraph was added by virtue of the Amiri Decree of Law No. 62 of 1976, article 3).
Crimes against oneself (149-165)
Murder, wounding, beating and abuse (149-431)
Endangerment (166-452)
Rule 166
Any person who is obliged by law to take care of another person who is incapable of obtaining the necessities of life, because of his age, illness, disruption of his mind or restriction of liberty, whether the obligation arises from the law directly or from a contract or a lawful or unlawful act, intentionally refrains from performing his obligation, resulting in the death of the victim or Injury, according to the intent of the perpetrator and the severity of the injuries, the penalties provided for in articles 149, 150, 152, 160, 162 and 163 are punishable. If the omission was deliberately omitted, the penalties provided for in articles 154 and 164 were imposed.
Article 167
Every head of a family who takes care of a young person who has not attained the age of fourteen years and who fails to fulfil his obligation to provide the minor with the necessities of life, resulting in death or injury to the child, shall be punished by the penalties mentioned in the preceding article, depending on whether the omission is intentional or unintentional, the perpetrator’s intent and the gravity Injuries, even if the young is incapable of supplying himself with the necessities of living.
Rule 168
Any person who, in other than compelling cases, undertakes to undergo surgery or treatment of another person or to carry out a lawful work involving a life or health hazard, has not had the due amount of technical expertise, or has not been given due diligence in the conduct of his or her work, resulting in the death or injury of the victim, sold out Accepted in accordance with the provisions set out in articles 154 and 164.
Article 169
The penalties mentioned in articles 154 and 164 shall be punished by any person guarding an animal, mechanical machinery or any other thing that entails a threat to life or health, and has not been given due diligence to prevent this danger, resulting in the death or injury of the person.
Rule 170
Anyone who has given a misleading signal or has issued an appeal or instructions or warnings that would mislead a ship, aircraft or any other means of maritime or air transport, intending to harm persons or objects or to damage the means of transport, shall be liable to imprisonment for a term not exceeding five years and a fine not exceeding 5,000 dinars or one Those penalties.
If such acts result in serious injury to one or more persons, the penalty shall be imprisonment for a term not exceeding fifteen years, and a fine not exceeding fifteen thousand dinars may be added. If they result in the death of a human being, the penalty is death or life imprisonment.
Article 171
Anyone who intentionally commits an act that creates a threat to persons or objects that travels through a public road, whether by destroying parts of the road, by corrupting the means of transport, by giving signals, by issuing instructions, warnings or by making misleading calls, for the purpose of harming persons or things, shall be punished by imprisonment for a term not exceeding five years and a gram No more than 5,000 dinars or one of these penalties.
If such acts result in serious injury to one or more persons, the penalty shall be imprisonment for a term not exceeding fifteen years, and a fine of up to fifteen thousand dinars may be added and, if the death of a human person, the death penalty or life imprisonment.
Article 172
Anyone who has committed a negligent act that has created a danger to persons or objects in a public road, in a public line of navigation, at an airport or at an airstrip, or has not taken reasonable care to maintain something under his guard until such risk arises, shall be punished by imprisonment for a term not exceeding one year and a fine not exceeding 1,000 dinars or One of these punishments.
Article 173
Anyone who threatens another person to inflict harm by himself, his reputation, his money, the same or the reputation or the money of a person of concern to him, whether the threat is written or verbal or through acts which are expected to be intended to attack oneself, reputation or money, so as to induce the victim to do a job Or to abstain from him, he shall be punished by imprisonment for a term not exceeding two years and a fine not exceeding 2,000 dinars or one of these penalties.
If the death threat, the penalty was a term of up to three years ‘ imprisonment and a fine of no more than 3,000 dinars or one of those penalties.
Abortion (174-501)
Article 174
Anyone who gives or causes a woman who is pregnant or is not pregnant, with her consent or without her consent, to drugs or other harmful substances or to use force or any other means, with the intention of aborting her, shall be punished by imprisonment for a term not exceeding ten years and may be added to a fine not exceeding 1,000 dinars. If the perpetrator is a physician, pharmacist, midwife or a worker in the professions supporting the medical profession or pharmacy, the penalty shall be imprisonment for a term not exceeding fifteen years, and a fine not exceeding 2,000 dinars may be added, subject to the provisions of article 12 of Decree-Law No. 25 of 1981 concerning the Practice The profession of human medicine and dentistry and their auxiliary professions.
Article 175
There is no penalty for someone who has aborted a pregnant woman if he has the necessary experience and has done so and he believes in good faith that this work is necessary to maintain the life of the pregnant.
Article 176
Every pregnant woman who has dealt with drugs or other harmful substances or used force or any other means, intending to abort herself, has aborted, or allowed others to abort the above-mentioned face, shall be punished by imprisonment for a term not exceeding five years and a fine not exceeding 5,000 dinars or one of these punishments.
Article 177
Anyone who has prepared, sold, displayed or acted in any way in material that may be used in the event of an abortion, a scientist, shall be liable to imprisonment for a term not exceeding three years and a fine not exceeding 3,000 rupees or one of these penalties, subject to Article 175.
Kidnapping, seizure and trafficking in slaves (178-505)
Article 178
Anyone who abducts a person without his consent, by having to move from the place where he habitually resides elsewhere by holding him, shall be punished by imprisonment for a term not less than three years and not exceeding ten years, if the abduction by force, threat or deception, the penalty shall be imprisonment for a term of not less than seven years and not exceeding fifteen years; If the victim is a lunatic or insane person or is under 18 years of age, the penalty is life imprisonment. In all cases, a fine of not less than 5,000 dinars, and not more than fifteen thousand dinars, shall be added to the penalty of imprisonment.
Article 179
Anyone who abducts a madman or an insane person or is under 18 years of age without force, threat or deception shall be punished by imprisonment for a term of not less than seven years and not exceeding fifteen years, if the abduction is intended to kill, injure, or abuse the victim or to engage in prostitution Or blackmailing something from him or other, the penalty was life imprisonment.
If the victim was abducted by one of his parents and proved his good faith and believed to have custody of his son, there is no punishment.
Rule 180
Anyone who abducts a person by force, threat or deception, intending to kill, injure, harass, sexually abuse, engage in prostitution, or extort something from him or other, shall be sentenced to death.
Article 181
Anyone who has concealed a kidnapped person, a scientist who is kidnapped, is punished as if he had kidnapped the person himself. If he was also a scientist with the intent for which the person was abducted or the circumstances in which he was abducted, the penalty was the same as that intended for the kidnapper or in these circumstances.
Article 182
If the kidnapper marries a legitimate marriage with the permission of her guardian, and the Guardian asks not to punish the kidnapper, he is not sentenced to a penalty.
Article 183
Any person who abducts a newborn child or conceals or otherwise changes or falsely attributes him or her to a non-mother or mother is punishable by imprisonment for a term not exceeding fifteen years and not less than five years.
Article 183 bis was lifted under the law of 106 of 1994
The application of the provision of article 85 of this Law shall be mandatory for the offences set forth in articles 178, 179, 181 and 183 referred to.
Article 184
Anyone who has been arrested, imprisoned or detained in circumstances other than those established by law, or without due process, shall be liable to imprisonment for a term not exceeding three years and a fine not exceeding 3,000 dinars or one of these penalties.
If these acts are accompanied by physical torture or death threats, the penalty shall be a term of up to seven years ‘ imprisonment, and a fine of not more than 7,000 dinars or one of these penalties may be added to it.
Rule 185
Anyone who enters or departs from Kuwait for the purpose of acting as a slave, and anyone who buys or offers for sale or guides a person as a slave, shall be liable to imprisonment for a term not exceeding five years and a fine not exceeding 5,000 dinars or one of these penalties.
Crimes on display and reputation (186-509)
Sexual intercourse and indecent assault (186-194)
Article 186
From the reality of a female without her consent, whether by coercion, threat or deception, is punishable by death or life imprisonment.
If the offender is an asset of the victim or who has been raised or cared for, or who has authority over it, or has been a servant, or who has made the above, the death penalty.
Rule 187
From the reality of a female without coercion or threat or deception, knowing that she is crazy or insane or under 15 or there is no will for any other reason, or that she does not know the nature of the act to which she is subjected, or believes its legality, is punished by life imprisonment.
If the offender is an asset of the victim or who has been raised or cared for, or has authority over it, has been a servant, or has been mentioned, the death penalty has been imposed.
Rule 188
In the case of a female without coercion, threat or deception, and she was 15 years of age and not 21, he shall be sentenced to imprisonment for a term not exceeding fifteen.
If the offender is an asset of the victim or who has been raised, cared for, or has authority over her, or has been a servant, or who has mentioned the above, the penalty shall be life imprisonment.
Rule 189
From the reality of a female mahram, a scientist, without coercion, threat or deception, who was 21 years of age, shall be punished by imprisonment for a term not exceeding fifteen. If the victim was not 21 years of age and 15, the penalty was life imprisonment.
The previous penalties shall be imposed on a person who is a guardian, trustee, trustee or custodian of a female or who has been entrusted with the upbringing, care or control of her or her situation without coercion, threat or deception.
Rule 190
Each female has completed her twenty-first year of age and has accepted that she is forbidden from her and she knows her relationship with him, punishable by imprisonment for a term not exceeding ten years.
Article 191
A person who has been sexually assaulted by coercion, threat or deception shall be punished by imprisonment for a term not exceeding fifteen years.
If the perpetrator is an asset of the victim or of his or her upbringing or care, or who has authority over him or has been a servant, or who has mentioned the foregoing, the penalty shall be life imprisonment.
The previous penalties are governed by the fact that the victim has no will to be young, insane or senile, or is unaware of the nature of the act or of his or her legality, even if the act is committed without coercion, threat or deception.