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Volume :47 Issue : 180 2021      Add To Cart                                                                    Download

Legal Flexibility of the Amnesty System in the Kuwaiti Law.

Auther : Dr. Ahmad H. Alqahtani

Objectives: An amnesty is defined as the mechanism by which the legislator decides to decriminalize acts perpetrated previously. The Kuwaiti judiciary adopted this mechanism in article 70 of the constitution.
The aim of this research is to help shed light on the amnesty system in the Kuwaiti law through exploring its concept and implementation. Although such mechanism is not new to the Kuwait law, it has only recently been raised for discussion through law proposals by some parliamentarians. Offering these proposals was simultaneous with the emergence of legal views on the sound implementation of such mechanism.
Hence, this research examines the enactment and usage of the amnesty system as well as position in the Kuwaiti law and explores how it can be employed as a rightful ending-of-penalty mechanism in the criminal law.
Method: This research adopts, in essence, the analytical approach of the articles in the Kuwaiti constitution and the criminal law. The French law is also included in the study being one of the richest legal systems in this field.
Results: This research concludes that the amnesty mechanism is resilient whether in structure or functionality. Additionally, the legislator has considerable power in regard to defining the law suitability of enactment and its limitations.
Conclusion: This research concludes that it is necessary for the legislator to seek objectivity in determining the scope and implementing of any law pertaining to the amnesty law owing to its flexible nature.

Keywords: Amnesty, Penalty, Legislature, Amnesty Scope.
 

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