Judicial system - Kuwait
Judicial system of Kuwait functions in conformity
with the Amiri Decree No. 19/1959. The court structure is categorized
in hierarchical order. The Courts of First Instance, The Courts of
Appeal and the Constitutional Court are the three levels. The Courts
of First Instance ("Kulya Court') which handle civil, commercial,
personal status and penal matters is the lowest court in this
hierarchy. Judgements from court of first instance are exposed to
appeal before the Court of Appeal. However, Judgements in cases
involving misdemeanors punishable by less than three years of
imprisonment or fines of less than 250 Kuwaiti dinars cannot be
appealed to a higher level court; commercial and civil judgements
involving fines less than 1000 dinars are considered to be final.
The
cases are classified into Civil, Commercial and Criminal categories.
The Penal Code governs the general provisions applicable to crimes,
penalties and culpable acts. Corporate and Commercial Laws are
applicable for commercial disputes which in sequence will be
interpreted in accordance to the Code of Civil and Commercial
Procedures, the Law of Evidence and the Law of Criminal Procedures
besides the underlying laws. The concept of precedent is not generally
followed as a mode of practice yet decisions of higher courts are
respected. more..
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