Attempted murder in Kuwaiti law

From the 1962 Constitution of Kuwait, he added laws that added broad protection to this right and protected him from the 1962 Constitution. Attacking him, not only that, but making every act intended to attack the life of a human being even if he could not achieve the result that he intended to kill a criminal severely, and he was sentenced to severe punishment, so that any attempt to attack the life of a human being would be a crime that would result in severe punishment.

The Kuwaiti legislator explained in the penal code that is intended in the words "attempting to commit a crime" in article 45 of that law, and stated that

In a simpler sense, someone named "Ali" based on a personal dispute between him and Salem's girlfriend, monitors him for a period of time and pursues him with a firearm or by his car intending to decide He killed salem's girlfriend as a result of the deep hatred and differences between them, by driving at high speed to hit him with his car as he walks in the street, but he is intercepted by the police car or crashes in another car or to escape "Salem" in time, so that "Ali" could not kill a friend for reasons he has nothing to do with it but outside of er His command.

In this case, Ali committed the crime of attempted murder, because he had the intention to kill and did the reasons, promising to prepare and preparing, but he could not kill Salem's girlfriend for a reason beyond his capacity, so his punishment would be "life imprisonment" in accordance with article 46 of the Kuwaiti Penal Code.

We assume that "Ali" carried out his crime and rammed "Salem" or shot him, as a result of which "Salem died" the murder would have been complete with premeditation and therefore the death penalty by hanging.

The Kuwaiti legislator not only did this, but prevented any attempts to justify the commission of the murder through the legitimate defense, as there is no explanation for the motive for the murder or the motive, and came with exceptions in accordance with article 44 of the Penal Code, which is certain lysing to the legitimate defense as a reason for committing the murder, which is if You are a crime of murdering a female without consent or indecent assault on a human being by force, or kidnapping a human being by force or threat, in which cases can be upheld as a reason for murder, but you should know that it is rare to take the court to the legitimate defense as a justification for murder, because during the investigation procedures and investigations of the detectives He gathered evidence, and the witness investigation continued to show the truth and the offender would be punished.

I hope that I have succeeded in explaining the crime of attempted murder and punishing it through Kuwaiti law in a simplified way,

By me.

Lawyer / Ahmed Gharib Al-Salili

Lawyer before the Court of Appeal in Kuwait 

T: 66811411


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