New approach in Kuwait's criminal policy through alternative sentencing practices
In a significant move towards reforming the justice system, the Kuwaiti Council of Ministers has approved a new regulation allowing alternative measures for certain traffic offenses. This decision aligns with global trends balancing deterrence and reformation.
According to the new regulation, courts can replace prison sentences in traffic misdemeanor cases with alternative penalties such as community service, participation in restorative and mindfulness programs, or compensation for damages caused. This shift aims to ease prison overcrowding, cut costs, support rehabilitation, and promote restorative justice by compensating society for damages.
Dr. Saad Al-Shabo, a professor of law at Kuwait University, highlighted the benefits of alternative punishments in traffic cases. He stated that these penalties benefit both individuals and society, as they are not severe enough to warrant imprisonment. Moreover, they help prevent the deviant behaviour that often emerges among imprisoned individuals for minor violations when they mix with hardened criminals.
The General Traffic Department will organize rehabilitation programs, training, and lectures in cooperation with government bodies, private institutions, and public benefit associations. These programs are designed to help offenders reintegrate into society and adopt responsible driving habits.
However, not everyone is convinced that the current traffic laws are strict enough. Dr. Habib Abel, a professor of law, warned that some traffic laws remain too lenient, encouraging repeat offenses. He urged the Ministry of Interior to adopt stronger measures, update vehicle insurance laws, and develop effective solutions to protect lives, reduce accidents, and lessen social and medical burdens.
Fouad Al-Maqahwi, another professor of law, emphasized the importance of awareness and caution regarding traffic violations. He cautioned that imposing fines without community engagement or awareness campaigns may cause public dissatisfaction, undermining the true goal of traffic regulations—to serve and protect society.
Dr. Abdullah Al-Rumaidhi, another professor of law at Kuwait University, stated that the purpose of penalties under the Penal Code is reform, not revenge, with the ultimate goal of ensuring security for society. He noted that alternative penalties, such as street cleaning or awareness programs, align with this goal.
Attorney Khaled Al-Suwaifan, Secretary-General of the Kuwait Lawyers Association, described alternative penalties as a qualitative shift in criminal policy, focusing on repairing harm and serving society rather than relying solely on imprisonment or fines.
The Kuwaiti government has approved an amendment to the executive regulations of Traffic Law No. 67 of 1976, introducing a new article, numbered 212 bis. This amendment authorizes courts to replace prison sentences in certain traffic misdemeanor cases with alternative penalties.
However, Dr. Habib Abel also emphasized the need for laws to focus on guidance as well as deterrence, helping offenders reintegrate into society. He suggested that the long-term psychological effects of traffic accidents on the healthcare system should be considered when crafting traffic laws.
In conclusion, the introduction of alternative sentencing for traffic offenses in Kuwait marks a significant step in the country's legislative and judicial development. This shift towards rehabilitation and restorative justice is expected to have a positive impact on society by reducing accidents, easing prison overcrowding, and promoting responsible driving habits.
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