Several MPs have tabled a draft law that seeks to regulate the liabilities of judges and public prosecutors in civil compensation lawsuits.
The draft law signed by MPs Muhammad Husan Al-Dallal, Osama Al-Shaheen, Saleh Ashour, Riyad Al-Adsani and Safa’a Al-Hashem calls for adding articles to the Civil and Commercial Procedures Act issued according to Decree No. 38/1980, so as to place limits to Article 227 of the Civil Act, which obliges anyone who causes harm to others to compensate the grieved party.
The draft law stipulates that in case a judge or public prosecutor commits an error, several lawsuits will be filed against him; so he will not feel independent in issuing the verdict. Thus, the draft law aims to guarantee the independence and stability of judges and public prosecutors to help them do their jobs properly.
Article One of the draft law allows filing a lawsuit against a judge or public prosecutor if he is involved in manipulation or cheating in favor of one party against the other and in case he misused the authority granted to him by the law. The lawsuit against the judge or public prosecutor should be filed within 30 days of discovering his involvement in manipulation, cheating or misuse of authority.
The 30-day period starts with the issuance of the verdict in case the mistake is obvious. If the verdict is issued in absentia, the 30-day period starts only when the subject of the verdict is informed about it through notification sent to his address either in Kuwait or abroad or his workplace.
Article Two states that the complaint should be submitted to the relevant department at the Court of Cassation with a report attached to it. The plaintiff will have to KD1,500 as surety and the complaint will be reviewed within 10 days, when the concerned judge or prosecutor is summoned to hear his side.
In case the complaint is accepted, the two parties are informed about a session date. As soon as the complaint is accepted, the concerned judge or prosecutor is not allowed to conduct hearing on anymore lawsuits assigned to him. If the complaint is dismissed, the plaintiff is obligated to pay a fine ranging from KD1,000 to KD5,000; in addition to seizing the KD1,500 surety he paid. The plaintiff will also pay the specified compensation to the judge or public prosecutor. In case the judge or public prosecutor is proven responsible for the mistake, the State will pay compensation to the plaintiff.
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