Death Penalty Nepali People In Kuwait

Death Penalty Nepali People In Kuwait

Crimes and Offenders Punishable By Death

Aggravated Murder.
Intentional murder by laying in wait, or planned murder “is punished by death.”

Murder.

Premeditated murder “is punished by death.”
Other Offenses Resulting in Death.
A number of offenses resulting in death are punishable by death. Torture of an accused, a witness or expert, by a public servant and resulting in death, “shall be” punished by death.  Giving false witness, resulting in execution, is punishable by death or life imprisonment.  For piracy resulting in death, the punishment “will be death.”

Terrorism-Related Offenses Resulting in Death.
Attacks on or interference with transportation or communications, with the goal of harming people or property, resulting in death is punishable by death or life imprisonment. [6] Anyone who uses explosives with the goal of killing, spreading fear or destroying certain sites “shall be punished by death.” Buildings or utilities belonging to the government or to groups in which there is government ownership or a public interest, places of worship, areas where masses of people have gathered, or residential buildings are among those sites covered by the law.
Terrorism-Related Offenses Not Resulting in Death.
Anyone who uses or plans to use explosives with the goal of killing, spreading fear or destroying certain sites “shall be punished by death.” Buildings or utilities belonging to the government or to groups in which there is government ownership or a public interest, places of worship, areas where masses of people have gathered, or residential buildings are among those sites covered by the law.

Rape Not Resulting in Death.
Intercourse by force, threat or deception is punishable by death; rape carries the death penalty when by a relation, guardian or servant. Statutory rape of a woman unable to consent because she is mentally incapacitated carries the death penalty when carried out by a relation, guardian or servant.Statutory rape of a girl under the age of 16 carries the death penalty when carried out by a relation, guardian or servant.
Kidnapping Not Resulting in Death.
Kidnapping by force, with the intent to kill, harm, engage in sex, disgrace the victim, force the victim into prostitution, or extort something from the victim or another party “shall be punished by death.”
Drug Trafficking Resulting in Death.
The punishment “shall be death” for attacking or resisting drug law enforcement or public servant carrying out his duties under the drug laws, resulting in death.

Drug Trafficking Not Resulting in Death.
Drug trafficking “shall be punished by death or life imprisonment,” the penalty “shall be death” for recidivists, public officials, those who use individuals under the age of 18 in carrying out an offense, if the criminal has created a criminal organization, or as specified for certain drugs in a schedule to the law.
Treason.
Waging or inciting war against Kuwait, undermining the defense, disclosing state secrets or assaulting the Emir or high officials, “shall be punished by death.”
Espionage.
Some betrayal of military information or state secrets “shall be punished by death.”

Military Offenses Not Resulting in Death.
A number of military offenses of Kuwaiti personnel are death-eligible under some circumstances, such as: cowardice, dereliction of duty, insubordination, insurrection, disclosing secrets, assisting the enemy, undermining the defense, some humanitarian violations and offenses set out in the Penal Code. Enemy soldiers can be punished by death for operating in disguise or violating international law.
Other Offenses Not Resulting in Death.
Human Trafficking: Kidnapping an individual for sexual assault or to force the victim into prostitution is punished by death.
Does the country have a mandatory death penalty?

Yes. Under Article 83 of the Penal Code, if the circumstances of the crime or facts about the offender (such as his past, character or age) call for leniency, an individual may be sentenced to a term of years; the law does not restrict the application of this discretion. Thus, for most offenses, the death penalty is not mandatory in Kuwait.  However, Kuwait’s anti-terrorism law prohibits application of mitigation for terrorism resulting in death.  Some sources list the death penalty as mandatory for drug trafficking,  but we did not find a similar provision in the drug laws excluding the consideration of mitigating circumstances.

Some sources list the death penalty as mandatory for drug trafficking,  but—in contrast to the anti-terrorism law—we did not find a provision in the drug laws excluding the consideration of mitigating circumstances.

Reports indicate that Kuwaiti courts, in exercising discretion, can be influenced by a payment of blood money compensation to a victim’s family, but the law does not state that courts cannot exercise discretion if there is no such settlement. A discussion on the web page of the Embassy of the Philippines  indicates that courts follow a Shari’a practices in sentencing for premeditated murder, [24] which could include applying a mandatory death penalty in absence of a settlement with the victim’s family.