Wrongful Death

The crime of manslaughter in Kuwaiti law is considered a non-intentional crime that occurs as a result of negligence, clawdness or lack of precaution of the offender, without the intention of causing murder or any other criminal intent. Kuwaiti law regulated the crime of manslaughter under the umbrella of the Kuwaiti Penal Law No. 16 of 1960.

Wrongful killing is murder that occurs due to negligence, lack of attention or failure to take the required caution and caution, or as a result of violating laws and regulations without the intention of killing or deliberately harming the victim.

Legal texts related to manslaughter in Kuwaiti law:

1. Article 154 of the Kuwaiti Penal Code:

“Whoever kills a person by mistake or causes his death as a result of negligence, lack of precaution or failure to observe the laws or regulations shall be punished by imprisonment for a period not exceeding three years and a fine not exceeding three thousand rupees, or one of these two penalties.”

This article specifies the punishment prescribed for the offender in the event of causing the death of a person by mistake. The penalty includes imprisonment, a fine, or both at the discretion of the court.

2. Article 155 of the Kuwaiti Penal Code:

It provides as follows:

“The penalty shall be imprisonment for a period not exceeding five years and a fine not exceeding five thousand rupees or one of these two penalties if more than three people are injured by the same act or the wrongful murder is the result of a serious violation of one of the laws or regulations.”

This article aggraves the punishment if the delinquent act is the cause of injury to several persons or as a result of a serious violation of laws, which indicates the seriousness of the act.

Elements of the crime of manslaughter:

In order for the crime of manslaughter to take place, the following pillars must be met:

Physical pillar:

It is the occurrence of an act by the perpetrator that caused the death of the victim. This act can be the result of negligence, clumsity, lack of precaution or violation of laws and regulations. Such as traffic accidents that occur due to inattention or lack of following traffic laws.

Moral pillar:

For the crime of manslaughter, there must be no criminal intent. In the sense that the perpetrator had no intention of causing death. It is the result of negligence or default.

Causal relationship:

There must be a causal relationship between the act of the perpetrator and the death of the victim. That is, the death of the victim is a direct result of the act of the perpetrator.

Common cases of wrongful murder:

There are many cases that can lead to the crime of manslaughter, including:

Traffic accidents: It is one of the most common causes, as death occurs as a result of the driver’s negligence or non-compliance with traffic laws.

Medical errors: May occur due to the negligence of the doctor or medical staff, which leads to the death of the patient.

Negligence on the workplace: If the necessary safety standards are not provided at the work sites, this may lead to the death of workers as a result of work accidents.

Additional penalties and civil compensation:

In addition to criminal punishment, civil damages can be imposed in cases of manslaughter. The victim’s parents can claim financial compensation for the material and moral damages caused to them as a result of death.

Summary:

The crime of manslaughter is a crime that occurs as a result of negligence or omission without the presence of criminal intent on the part of the perpetrator. Kuwaiti law regulated this crime under the articles of the Penal Code, with penalties ranging from imprisonment and a fine depending on the seriousness of the act. It is important to be careful to abide by laws and regulations, whether in leadership, work or any other field, to avoid such crimes.

Legal advice:

If you are involved in a case related to manslaughter, it is necessary to consult a competent lawyer to provide you with appropriate legal advice and represent you before the judicial authorities to ensure that your rights are protected.

If you need legal advice or more information on this subject, do not hesitate to contact us for appropriate advice.