Public Funds Protection Act (1/ 1993)

Public Funds Protection Act (1/ 1993)

6.1 General Provisions

(1 – 30)

Article 1

Public funds are inviolable, protected, supported and defended is the duty of every citizen.

Article 2

Public funds in the application of the provisions of this law are intended to be owned or intended by public funds subject to a law to administer one of the following entities, regardless of the location of that money inside or outside the country:
The state.
Public bodies, public institutions.
Companies and establishments in which the entities described in the previous two clauses contribute at least 25% of their capital directly or indirectly through companies or enterprises in which the state, public bodies, public institutions or other public moral persons contribute a share in their capital, and is used to determine The percentage of capital referred to by the total shares of the state or other bodies with public moral personality or the companies referred to.

Article 3

The public servant’s ruling in the application of the provisions of this law shall be regarded as a person under article 43 of Law No. 31 of 1970 referred to.

Article 4

The provisions of this law apply to anyone who commits a crime outside Kuwait for one of the crimes stipulated in it.

Article 5 (amended by Law 74 in 2003 Article 2)

The Public Prosecutor’s Office is solely responsible for investigating, acting, and prosecution of the crimes and misdemeanours stipulated in this law and related crimes.
The text of Article 104 of Law No. 17 of 1960 referred to in any way may not apply to the offences under this law.

Article 5

The Public Prosecutor’s Office is solely responsible for investigating, acting and prosecuting the crimes and misdemeanours stipulated in this law and related offences.

In the event of a decision to keep the investigation of one of these offences, the Public Prosecutor’s Office must declare the Council of Ministers and the victim, referred to in article II of the Act, with the said decision.

The Council of Ministers and the victim of the decision to save have complained about the decision to preserve, in accordance with the conditions and procedures set out in article 104 bis of Law No. 17 of 1960 by the Code of Procedure and Criminal Trials.

The text of article 104 of the Code of Criminal Procedure and Criminal Trials referred to may in any way not apply to the offences under this Act.

6.2 – Means of controlling public funds

(6 – 809)

Article 6

Taking into account the provision of article 29 on the parties referred to in article II, notify the SAI in writing of its operations or actions related to the investment of its funds inside or outside the country and the decisions it makes in this regard and the amendments that occur to them, and the notification must be made at the latest. 10 days from the date of the operation, disposal or decision.
The head of the diwan may issue a decision to set a date of more than two months in cases where this requires it, and the accounting staff must meet the data received to him and see what he deems necessary to be seen from the books, records, documents or accounts, and those entities must provide the Diwan with what Request information or documents within two weeks at the latest from the date of the application.
The Diwan has the right to comment on the actions referred to in the first paragraph and to inform the concerned authority of its observations and recommendations.
The concerned authority should respond to the diwan’s observations and recommendations within a maximum of 15 days from the date it is received.

Article 7

The parties referred to in article II that invest more than 100,000 dinars at home or abroad should provide the competent minister with a full account of the status of the funds invested to them and their status and uninvested assets every six months, within thirty days following this period, and The competent minister provides the Head of the SAI with a comprehensive report during January and July of each year on the funds invested in the entities he supervises.
The chief of staff must hand over a copy of this report and his remarks within a maximum of 30 days from the date of the report’s arrival.

Article 8 (amended)

The National Assembly shall form a committee called the Committee for the Protection of Public Funds, whose task is to study the reports referred to in the previous article.
– This committee consists of seven members selected by the Committee for Finance and Economic Affairs, the Budget and Final Account Committee and the Legislative and Legal Affairs Committee, two of each of the first and second committees and three from the last committee, and the Committee for the Protection of Public Funds is the provisions of Law No. 12 for the year 1963 Referred to except the prohibition stipulated in article 45 of him”

The validity of the committee meeting must be attended by the majority of the members of each of these committees, otherwise the work of the Committee is subject to the provisions of the law referred to in the previous paragraph.”

6.3 – Crimes and penalties

(9 – 1082)

Article 9

Any public employee, employee or worker who embezzles money, papers, luggage or other wise people for his or her job shall be sentenced to life imprisonment or temporary imprisonment of at least five years.
The penalty is life imprisonment or temporary imprisonment of not less than seven years if the crime is linked to another felony inindivisible.

Article 10

Any public servant, employee or worker who has improperly seized something from the previous article of one of the parties referred to in article II shall be sentenced to life imprisonment or temporary term of at least five years.
The penalty is life imprisonment or temporary imprisonment of at least seven years if the crime is linked to another felony inindivisible relation.

Article 11

Every public employee, employee or worker assigned to maintain the interest of one of the parties referred to in Article II in a deal, operation, case, or assigned to negotiate, link, agree or contract with any entity inside or outside the country in relation to the affairs of those entities if that would order rights or Financial obligations of the state or other parties mentioned, so they deliberately conduct them in a way that harms the interests of these entities in order to obtain a profit or benefit for himself or others, punishable by life imprisonment or temporary term of not less than seven years, if the offender reaches his destination or his crime would harm the country’s financial situation or The penalty is life imprisonment.

Article 12

Punishable by life imprisonment or temporary term of at least seven years every public employee or employee or worker of concern in the management of contracts or supplies or works related to one of the entities referred to in article II or has an affair in supervising it, has occurred or tried to obtain for himself or by means or For others how illegal lye on the profit or benefit of a work mentioned.

Article 13

Any public employee, employee or worker in one of the entities referred to in Article II shall be sentenced to imprisonment for a maximum of three years, and any information about acts that should remain confidential by nature or in accordance with special instructions if disclosure may harm the interest of these entities or achieve the special interest of anyone. This prohibition lasts for five years after the staff member’s termination.

Article 14

Any public servant, employee or worker who has caused his or her injury to the money or interests of the entity to which he works or communicates by virtue of his job or the money or interests of others is not that of that party. If this is the result of negligence or negligence in the performance of his job, breach of duty or abuse of power inside or outside the country, he shall be sentenced to a maximum of three years’ imprisonment and a fine of not less than 3,000 dinars, not more than 20,000 dinars or one of these penalties.
The penalty is a temporary detention of at least three years and a fine of not less than 20,000 dinars and not more than 100,000 dinars if the error is serious and the crime causes damage to the country’s financial, commercial or economic situation, or any national interest or if the crime is committed in wartime.
If convicted, the court must order his removal from office.

Article 15

Punishable by imprisonment not more than three years and a fine of not less than 200,000 dinars or one of these penalties, each public employee, employee or worker who keeps to himself and the account of others with the assets of official documents or photographs of them to one of the parties stipulated in article II, which relates to one of the jars. The mention of this law, whether it is papers or otherwise, concerning the employer who works in it or has already worked on it, even if it is for work that was personally assigned to him and did not rush to submit it to the investigating authorities, despite the knowledge of the existence of an investigation into one of these crimes.
The penalty shall be imprisonment for a maximum of one year and a fine of not more than 2,000 dinars or one of these penalties if the accused is not current or former employees of the victim.
Those who hand over what is said in the first paragraph before the conclusion of the investigation shall be exempted from punishment.

Article 16

In addition to the penalties prescribed for the crimes mentioned in articles 9, 10, 11, 12, the offender is sentenced to isolation and restitution and a fine equal to twice the value of what was embezzled, seized or facilitated for other money, benefitors or profit.

Article 17

All those who deliberately delayed the notification or statement referred to in articles 6 and the previous paragraph of this law shall be punished with a fine of not more than 10,000 dinars or one of these penalties.

Article 18

Anyone who knows of the existence of a project to commit a crime as stipulated in this law or has already learned of it and has failed to report it to the Public Prosecutor’s Office or the SAI shall be sentenced to a maximum of three years’ imprisonment and a fine of not more than 10,000 dinars or one of these penalties.
This article shall not be judged on the spouse of any person who has a hand in that project or its origins or branches.

Article 19

With no violation of any harsher punishment, anyone who submits to the investigators of the crimes stipulated in this law or any other official entity shall be punished for false statements or incorrect information, concealing statements or information about the parties mentioned in Article II, or committing fraud or fraud in a certificate or declaration relating to it. These crimes, or hide the truth or mislead justice, shall be punishable by a term of imprisonment of not more than three years and not less than six months.
The provision of this article does not apply to the husband of any person who has a hand in the acts stipulated in it or to its origins or branches.

Article 20

Article 81 of the Penal Code may not be applied in any case to one of the offences mentioned in this article unless the offender is forced to pay the money in full before closing the case in cases where the answer must be answered.
However, the court may, in accordance with the circumstances and circumstances of the crime, in accordance with the circumstances of the crime or the damage caused by it, to serve instead of the penalties imposed on it, which is not more than three years in prison and a fine of not more than 3,000 dinars or one of these. N penalties.

Article 21

All those who initiated the perpetrators by informing the Public Prosecution or the SAI that there is a criminal agreement to commit one of the crimes stipulated in this law and those who participated in it before the start of the execution of the crime are exempt from punishment if the communication occurs after the completion of the crime and before the start of the Investigation, it may also be if the perpetrator in the investigation enables the authorities to arrest the other perpetrators of the crime or seize the money in question or the perpetrators of another crime similar to it in the type and seriousness.

Article 21, 2004, was added under Law 31 of 2004.

The criminal proceedings for the crimes stipulated in this law shall not expire within the period of the period and do not apply to the periods of the fall of the criminal case or the sentence imposed, described in articles 4,6 of the Penal Code.

Article 22

The expiry of the criminal case does not prevent the court from claiming the restitution of the funds in accordance with articles 9, 10, 11, 12 of this law and compensation if it has a mandate and the court must order restitution and compensation in the face of the heirs and their guardian and anyone who has benefited seriously n the crime to have the sentence of restitution and compensation effective in the money of each of them as much as benefited.

An exception to the provision of article (188) of Law No. (17) of 1960 by issuing the Law of Procedure and Criminal Trials shall be the date of opposition in the judgments in absentia in any of the crimes stipulated in this law one week from the date of the announcement of the convicted person, if this date expires without being opposed The convict edited the appeal was not authorized except by appeal if it was possible to issue the declaration in absentia to the person sentenced, if it is not possible to hand over the declaration at his place of residence to his followers, if there are none of them or those found to have refrained from receiving the declaration, publishing the declaration in the Official Gazette and in two journals. The appointment begins in this case from the date of publication referred to. (This paragraph was added under Law No. 31 of 2004, First Article))

Article 23

The initial sentences of fine, restitution or compensation for an offence that occurs in violation of the provisions of this law shall be enforceable immediately.
The court that hears the opposition or appeal may order a stay of its implementation, and the funds of the parties stipulated in Article II as well as the expenses of the administration, and the costs of seeking money abroad indicated in the following article shall be a privilege on all the funds of the convicted person to return transferred Real estate is preceded by the interests of the concession other than the right of legal maintenance of all kinds.
The text of the previous two paragraphs applies to the provisions issued in accordance with articles 44, 45, 47, and 48 of Law No. 31 of 1970 referred to.

6.4 – Precautionary measures

(1 – 28)

Rule 24

If the Attorney General gathers sufficient evidence for a person that he has committed one of the crimes stipulated in articles 9, 10, 11, 12, 14 of this law, to order his prohibition from travel and to dispose of his finances and management, and to take whatever he sees as precautionary measures in this regard. For the money under the hands of the accused or the hands of others all or some of them without violating the duty of the victims referred to in article II of this law to take all judicial, conservative, legal and administrative measures on their part at home and abroad to prevent the smuggling of money.
He may order such measures to be taken in relation to the money of his wife and minor children, the public or others, when the money is related to the crime.
The Attorney General should appoint an agent to manage the funds that have been prevented from managing it on the basis of the nomination of the head of the SAI, and issue a statement of the duties of the agent and the controls of his performance of his work by a decision of the chief of the court.
The procedures provided for in the previous paragraphs apply to persons and facts subject to articles 44, 45, 47, and 48 of Law No. 31 of 1970 referred to.

Rule 25

The authorities of investigating the seizure of the funds referred to in the previous article should take all measures in order to track them abroad and whatever it deems necessary to reserve that money in any case, including diplomatic means and the use of foreign public research and investigation or so on. I’m not going to be able

Rule 26

Each matter may be appealed to the competent court of the decision to prevent the disposal and management three months after the date of the decision.
The court shall decide the complaint as soon as it is rejected or the order is revoked or amended and the necessary guarantees if it is required, and the complaint may not be returned until six months after the date of adjudication of the complaint.

Rule 27

If the accused is convicted, the decision to prevent the disposal, administration or other measures of reservation of funds shall not be lifted until after the execution of the financial penalties imposed on the offender, in addition to the expenses of the administration and the costs of seeking money abroad.
The public prosecutor may force it to be required by its conservatives on the money and dispose of it by sale and may be sold by administrative way.

Rule 28

The actions of the convicted person in the funds relating to the crimes stipulated in this law or those who have been charged with such acts are considered invalid if such acts are intended to smuggle the money or to miss the right of the injured person to fulfill what he may be sentenced to.
The nullity stipulated in the previous paragraph does not apply to the actions that have been made to persons of good faith, and does not consider the person of good faith if he or she knows or may have known about the crime or the purpose of the conduct.
The provisions of the previous two paragraphs apply to the conduct of the funds in the funds relating to the crimes provided for in articles 44, 45, 47, and 48 of Law No. 31 of 1970 referred to.

6.5 – Closing Judgments

(29 – 32)

Rule 29

The parties referred to in article II should provide the Head of the SAI with a detailed report on the conditions of investments in the law, both inside and outside the country, at a maximum of six months from the date indicated, to notify the Chief of The Court of Auditors of all amendments. The conditions of these investments during that period within fifteen days of the date of the amendment.
The head of the SAI should hand over a copy of this report and his remarks within three months of his arrival.

Rule 30

The provisions of Articles 44, 45, 47, and 48 of Law No. 31 of 1970 referred to in relation to acts that occurred before the date of the act apply and are repealed for the next.
This cancels any provision that is contrary to the provisions of this law.

Rule 31

The head of the SAI shall issue the necessary decisions to initiate the terms of reference of the SAI and how information is circulated to ensure its confidentiality.

Rule 32

The Prime Minister and ministers must implement this law, and act on it from the date it is published in the Official Gazette.