Department Terms of Reference:
1.Complete all the executive works related to the execution of penal judgments and decisions passed by the various penal courts, which the court assigns the public prosecution to execute.
2.Notify the concerned bodies in the Ministry of Interior with the penal judgments passed and coordinate with them in connection with following up their execution.
3.Receive the lawsuits after adjudging them in the `1st instance, objection, appeal or cassation, in order to execute the judgments passed in them and notify the concerned bodies with the same.
4.Prepare an executive file for each case, comprising the personal details of the adjudged persons, case number, the judgment passed in them, its date, and objections submitted in this respect.
5.Notify the Customs General Administration with the judgments passed in customs smuggling.
6.Take all the execution procedures relevant to the execution of the penal judgment, such as imprisonment, fine, consequential penalties, fingerprinting of the judgment debtor, execute all the decisions relevant to the refund of bails, financial guarantees and decisions in connection with notifying the judgment debtor in a number of the penal judgments, the method of publishing in the official gazette, as well as notification of the absconding defendant pursuant to the request of the court.
7.Execute the requests of handing over criminals, prepare files for the return of defendants and judgment debtors in light of the relevant agreements signed between the State of Kuwait and other countries.
8.Receive the imprisonment and release orders and process them to the computer, then send them to the concerned sections in order to enclose them with the execution file.
9.Furnish the Prisons Department with the names of prisoners required to attend the hearings according to the computer system, pursuant to the request of the hearings secretaries in the Court of First Instance.
10.Provide all the services relevant to the execution of penal judgments to the applicants, and furnish them with the required certificates after payment of the fees determined for them.
11.Execute the notification procedures of the judgments in absentia and objections and notify the Court of First instance roll of the same in order to take the required actions to schedule hearings for the same.
12.Keep all the files of terminated penal cases after annotating them by the prosecution member concerned with the archived lawsuits store, after completing the checking process and computerized processing.
13.Second a judge or personnel from the public prosecution to chair the Department, who shall have assistants from among the public prosecution members in order to undertake their works stipulated in the attorney general decree No.30 of 1982 passed on 6 October 1982 pr the decisions and circulars passed in connection with the technical matters, under supervision of the attorney general.
The manager of the Criminal Execution and External Communication Department shall undertake the responsibility of managing the administrative staff and supervising all its personnel, and shall have the following terms of reference:
1.Action with all the requests of the administrative staff and refer them to the concerned authorities escorted with his opinion.
2.Lay down the development and operational plans of the Department, achieve the strategic goals and following up their achievement within the general plan of the Ministry, in coordination with the Administrative Development, Training and Planning Department.
3.Prepare the Department’s annual budget draft.
4.Approve and sign the receipt vouchers of the apprehended materials and deliver to those concerned the decisions or judgments for delivering them passed by the prosecution or penal courts.
5.Communicate with the concerned bodies in the Ministry in connection with providing all the Department’s needs.
6.Supervise the preparation of statistics and their approval.
7.Execute the general goals and policy laid down by the Ministry, monitor the implementation of the rules and degrees regulating the progress of work in all the controls, offices, sections and preparation of the required studies to develop work in the Department and upgrade its efficiency according to modern computerized systems.
8.Annotate the applications submitted by the concerned parties, their official attorneys or government bodies to receive certificates and copies of judgments.
9.Prepare confidential reports on the administrative personnel and lay down recommendations for promotion and giving incentives to the Department personnel in coordination with the concerned entity in the Ministry.
10.Supervise the laying down of the annual leave plan for the Department’s personnel.
11.Prepare the required reports in connection with the Department’s work and purpose the appropriate solutions required by the need of work on the level of all fields.
12.Other works assigned to him.
The Department manager shall supervise the following sections:
oRegistration Section, concerned with the following:
1.Receive all the correspondences received by the Departments, requests for certificates and cases, and register them in the incoming mail record, then present them to the concerned prosecution member to annotate them, then distribute them to the concerned sections.
2.Receive the judicial notifications through the public prosecution and record them in a special register, then present them to the concerned prosecution member for annotation with the action he deems.
3.Register the administrative decrees, circulars and instructions issued by the attorney general in a special register, then distribute them to the prosecution members and personnel working in the Department, each according to his terms of reference, and keep a copy thereof.
4.Enter all the letters received under clauses 1 and 2 above in the computer, as per the system prepared for this purpose.
5.Register all details of correspondences, then forward them to the concerned entities according to records or lists and notify the concerned section with a copy thereof, and keep a copy in the Section.
oAdministrative Services Section, which shall have the following terms of reference:
1.Receive the letters and correspondences of the Department manager and present them to him for annotation with the action he deems, then distribute them to the concerned controls and sections.
2.Receive replies from the Department controls and sections and present them to the Department manager for signing them.
3.Deliver the letters to the General Registration Section to take the action required and keep copies thereof in files prepared for this purpose.
4.Open a file for each employee of the Department staff and enclose it with all the relevant documents.
5.Photocopy and keep a copy of all the decrees and circulars issued by the Department.
6.Prepare the annual leave plan of the Department personnel
7.Follow up the extent of compliance of the Department personnel with the official working hours, in light of the administrative circulars concerned with the working hours and prepare the relevant forms (delay-absence, etc.)
8.Prepare a periodical “quarterly” report on the Section’s works.
9.Conduct inventory of the custodies in the Department and supervise the ordering of permanent materials and their replacement.
10.Follow up the stationary, papers and forms store and their distribution as per the need of the controls and sections, and coordinate with the concerned entities in the Ministry to provide the required needs.
11.Prepare the Department release application forms and place a perception on the required needs, which shall be submitted to the Department manager.
12.Keep the records and cards of the above items.
13.Undertake all types of typing of the Department and prepare a special register to receive and deliver typing works.
oCriminal Judgments Execution Follow Up Section, which shall have the following terms of reference:
1.Follow up the execution of all works conducted by the Criminal Judgments Execution Control and the decrees passed by all the penal courts of various degrees, in coordination with the concerned departments in the Ministry of Interior, under supervision of the concerned prosecution attorney.
2.Prepare statistics illustrating the number of judgments passed by the various penal courts for which execution orders were sent to the General Department for Reformatory Institutions and Execution of Judgments in the Ministry of Interior, the number of judgments executed, judgments which have not been executed with the reasons according to article 216 of the penal procedures and trials law No.60/17.
oPenal Judgments and Court Decrees Execution Control, which shall have the following terms of reference:
1.Undertake all the executive works relevant to the execution of penal judgments and decrees passed by the various penal courts assigned by the court to the public prosecution for their execution, under supervision of the concerned prosecution attorney.
2.Notify the concerned bodies in the Ministry of Interior with the judgments passed.
3.Follow up the execution of penal judgments in coordination with the concerned entities in the Ministry of Interior.
The Control consists of ten sections in the following manner:
oCrimes Judgments Execution Section, specialized with the following:
1.Receive lawsuits after passing a judgment in them in the `1st instance, opposition, appeal or cassation, to execute the judgments passed in them and notify the concerned bodies with these judgments on the same day of passing them.
2.Prepare an executive file for each case with a unique number, which includes the personal details of the sentenced persons, the case number, judgment passed therein, its date and judgments passed in them.
3.Notify the General Administration of Customs of the judgments passed in the customs smuggling cases and enclose a copy of such notifications with the executive file of the case before handing over to the hearing secretary or forward them to the Court of First Instance concerned roll.
4.Take all the executive procedures relevant to the execution of the penal judgment such as imprisonment, fine, consequential penalties, fingerprinting the sentenced person, execute all decisions related to refunding bails, financial guarantees and decrees for notifying the sentenced person in a a number of penal judgments, the publishing method in the official gazette, as well as announcement of the absconding of a defendant at the request of the court.
5.Register the details of the judgments passed in crimes in the judgments execution register upon their execution.
6.Notify the ministries and public authorities of the judgments passed against their personnel, with a copy of the execution order.
oMisdemeanours Judgments Execution Section (Raqqi): has the same terms of reference stated above of the Crimes Judgments Execution Section.
oCourts Decrees Execution Section (Justice Palace) which shall have the following terms of reference:
1. Issue a memorandum in connection with the sentenced persons’ indebtedness with the payable fine and present the same to the criminal execution director in order to send them to the concerned body with the case file to decide the matter.
2.Prepare a memorandum in connection with the deceased sentenced person and present the same to the criminal execution director to forward them with the case file to the concerned entity in order to take the required action for keeping it on file.
3.Receive the applications for removal of the judicial closure, issue a memorandum to this effect and present it to the criminal execution director, to forward it with the case file to concerned body.
oCourts Decrees Execution Section (Raqqi): concerned with the same terms of reference stated above for the Courts Decrees Execution Section (Justice Palace)
oCapital Traffic Court Judgments Execution Section, specialized with the following:
1.Execute the traffic courts judgments and decrees and notify the Traffic Judgments Execution Department in the Ministry of Interior with them upon passing them.
2.Prepare an executive file for each case comprising all the personal details of the sentenced person, enclosed with a copy of the execution order and all the judicial papers relevant to the execution procedures.
3.Issue permits for depositing fines in the fines collection box and keep a copy thereof in the executive file in the event of the requirement of collection, provided all the above processes are carried out by the computer, and refund the financial bails if payable.
4.Execute the decrees passed for notifying the sentenced persons in the traffic cases by publishing in the official gazette.
oHawally Traffic Court Judgments Execution Section
oFarwaniya Traffic Court Judgments Execution Section (Raqqi)
oAhmadi Traffic Court Judgments Execution Section (Ahmadi Courts Complex)
oJahra Traffic Court Judgments Execution Section
oMubarak Al Kabeer Traffic Court Judgments Execution Section
Each of the above sections shall have the same terms of reference set forth in the Capital Traffic Court Judgments Execution Section, each within the boundaries of its spatial jurisdiction.
oCriminal Archive and Apprehended Items Control, which shall have the following terms of reference:
1.Undertake all the administrative procedures relevant to keeping the criminal files according to their numbers, every year separately after annotation by the concerned prosecution member for keeping the file (circular No.2/91 dated 29/7/1991 passed by the counsel/attorney general.)
2.Keep the classified apprehended materials on account of criminal cases, according to a special system to ensure preserving the confidentiality of their work under supervision of the concerned prosecution attorney.
3.Keep the criminal cases files according to their serial numbers and concerned prosecutions, for each year separately.
4.Confirm the criminal file movement actions by the computer (incoming-outgoing)
5.Execute confiscation judgments in coordination with the concerned bodies with the supervision of the concerned prosecution attorney.
This Control consists of the following sections:
oFiles Auditing Section, concerned with the following:
1.Audit the files of the terminated criminal cases received from the Court of First Instance crimes roll, to verify their contents and process them to the computer, arranged according to their serial numbers.
2.Notify the Criminal Execution Department manager with all the custodies and apprehended materials comprised in the penal cases received for keeping in order to take the required actions in this respect.
oCriminal Archive Section, specialized with the following;
1.Keep the terminated cases after annotation by the concerned prosecution member, received from the Court of First Instance crimes roll, as per their serial numbers (district prosecution) in the archived cases store, after completing the checking process and processing in the computer.
2.Keep the commercial affairs, contamination misdemeanours cases, juvenile misdemeanours, press misdemeanours, complaints of lawyers and complaints of addicts after checking and processing in the computer.
3.Receive the letters, reports and applications of archived cases, and forward them to the Penal Information Section, and prove the same in the computer (outgoing), as well as follow up the receiving of the files to prove the same in the computer (incoming.)
4.Retrieve cases from the archive store pursuant to the annotation of the prosecution member and deliver them to the concerned section in order to execute the required action, then keep them as they were upon returning them, and prove the same in the computer.
5.Send the archived cases in which a decision is passed by the court for merging them or for review and annotation in the roll to indicate the same, prepare a timed file in which the case details are written, the court to which the file is sent, enclosed with a copy of the transmission letter and keep it in place of the original file.
6.Enclose all the correspondences of the archived cases with their files, and confirm the file movement, whether incoming or outgoing, in the computer system.
7.Perform electronic and micro-imaging of files when the system is introduced.
8.Preparing and photocopying the penal judgments as soon as the file is received for keeping, thus facilitating the time required by the concerned parties.
oApprehended Materials Custody Section, concerned with the following:
oRegister the details of custodies in the concerned record and number them, then deposit them in the apprehended materials store or the public prosecution treasury, as per the case.
oPrepare monthly statistics on the numbers of custodies, including the cases and the defendants therein.
oReceive apprehended materials in the cases which the prosecution member has decided to lodge in the apprehended materials store or the public prosecution treasury, after ensuring the completion of all the required details and procedures in this respect.
oForward the custodies required by the court or prosecution member to check them, after presenting the matter to the Department director and approval of the criminal execution director or his representative to forward them and annotate the same in the book prepared for this purpose.
oHand over the apprehended materials which the prosecution member decided to return to their owner after verifying his identity and his signature on the receipt voucher, after approval and signature of the Department manager, and enclose a copy thereof with the case file, and annotate the same in the special book.
oTake out the apprehended materials for which decrees were passed for destruction, and handing them over to the concerned prosecution member to take the required action for destroying them, and annotate the same in the special register.
oForward the apprehended materials for which decisions were passed for confiscating them for the benefit of the State to the concerned government entity, pursuant to the annotation of the concerned prosecution member and confirm the same in the register prepared for this purpose.
oConfiscation Judgments Execution Section, specialized with the following:
1.Follow up the progress of the cases on account of which custodies were deposited in the store or the prosecution treasury, prepare lists of those of them which have been decided permanently and submit them to the Department manager for presentation to the criminal execution director or his deputy, in order to take the required action in this respect.
2.Present the cases which have been decided finally, on account of which cash, jewellery or vehicles have been apprehended, to the criminal execution director or his deputy after annotation by the Department manager to decide the matter of handing them over to their owners or send them to the Execution General Department to keep them as custodies or transfer them to the Ministry of Justice and annotate the same in a special register.
3.Prepare weekly and monthly statistical lists for the final confiscation judgments and submit them to the concerned controller in order to take the required action in this respect.
4.Conduct daily reconciliations of the confiscation judgments in the computer system.
•Penal Information Control, concerned with the following:
1.Submit all the relevant services to the visitors.
2.Execute all the applications received from the relevant external authorities.
3.Execute the applications for handing over criminals and prepare files for recovery of defendants and sentenced parties in light of the agreements signed between the State of Kuwait and other relevant countries.
4.Undertake all procedures relevant to judicial delegations.
This Control comprises three sections as follows:
oPenal Information Section, concerned with the following:
1.Receiving the requests of the concerned parties according to the form prepared for this purpose and confirm the details of the applicant and type of service in the computer.
2.Execute the decisions passed by the concerned prosecution member in the cases which have been acted upon.
3.Confirm every procedure executed by the computer, in addition to confirming the date of returning the file to the Criminal Archive Section.
4.Prepare the replies and correspondences for all the concerned government entities and bodies.
oInternational Section, concerned with the following:
1.Receive criminals extradition requests from the Registration Section and confirm their details in the record book, as well as prepare a file for each application and present the same to the criminal execution director, and execute the decisions passed in each one of them, with the enclosure of copies of the execution correspondences with each file.
2.Prepare the files of recovery of defendants and sentenced parties, comprising the arrest orders of the persons required to be recovered, their personal details, description and registration of the indictment, copies of the investigations and judgments passed therein certified by the attorney general (circular No.3/95 dated 18/12/1995 passed by the counsel/attorney general)
3.Send the aforesaid filed to the Ministry of Foreign Affairs vide a letter signed by the attorney general in order to take the legal procedures by diplomatic channels.
4.Notify the General Directorate of Arab and International Criminal Police (INTERPOL) to apprehend and bring the person required to be recovered and present him with his file, if he is brought, to the criminal execution director to take the required actions legally.
5.Undertake the works of investigation secretaries required for the recovery applications received from the countries signing the extradition of criminals agreements with the State of Kuwait.
6.Undertake the required measures for the judicial delegations, represented in the following:
1.Receive jurisdictions, and confirm them in the record book prepared for this purpose, and open a file for each delegation which shall be presented to the criminal execution director or his deputy in order to take the action he deems suitable.
2.Undertake the works of investigation secretaries relevant to such jurisdictions.
3.Send the jurisdictions with the original investigations conducted about them to the entity from which they were received enclosed with a letter signed by the counsel/attorney general.
oGrievances Section:
This section is concerned with the terms of reference set forth in the circular of the attorney general No.1/1993, 3/2003, represented in following up and recording the decrees passed by the various prosecutions for keeping cases on file, notify the victims or their heirs with the same, as per the case, take the actions for presenting the grievance to the concerned department, follow up the decree passed in this connection and confirm all the foregoing in the records prepared for this purpose, under the supervision and follow up of the concerned prosecution attorney.
•Follow Up of Reformatory Institutions Affairs, Amiri Pardon and Petitions Affairs Control, consisting of two sections as follows:
oFollow Up of Prisoners Affairs and Amiri Pardon Section, concerned with the following;
1.Undertake investigation procedures in the complaints submitted by the prisoners and detainees.
2.Undertake the secretarial works upon periodical inspection carried out by the public prosecution on reformatory institutions to survey the conditions of prisoners and detainees.
3.Prepare letters and replies to the inquiries or requests of the Reformatory Institutions Department for al matters relevant to the affairs of prisoners and detainees.
4.Undertake all the administrative procedures relevant to the execution of the death sentence judgments, in coordination with the concerned bodies and Ministry of Interior and confirm the facts of their execution.
5.Prepare the files and execution details relevant to the conditional release lists, to present them to the attorney general by the Technical Office in order to take the required decisions in this regard.
6.Present all petitions concerned with the Amiri Pardon, referred to the Department by the attorney general, to the concerned committee for consideration.
7.Careful review of the lists of the names of prisoners required to be covered by the Amiri Pardon, received from the General department for Reformatory Institutions and Execution of Judgments for the extent of their conformity with the conditions determined by the concerned committee.
oSection for Monitoring the Conduct of Sentenced and Released (Amiri Pardon – Conditional Release- Repentant)concerned with the following;
1.Coordination with the authorities concerned with the follow up and monitoring of the released in order to survey his behaviour and activity during the period of which he was exempted.
2.Prepare a file for every released person in which all his personal details are recorded in connection with his conduct, and his compliance with the attendance and absence as per the lists received from the Reformatory Institutions Department and the results of the inspection conducted by this authority, in addition to the prosecution’s remarks in this respect.
3.Prepare the statistics, research and recommendations proposed in connection with this category, in cooperation with the concerned bodies and public welfare institutions.
4.Take all the required administrative actions to return the released person to his original imprisonment place, in the event of his misconduct, to complete the period of which he was pardoned, according to the specialization.
•External Communication and Liaison Control (External Services Centres) specialized with the following:
1.Undertake al the liaison procedures with the bodies concerned with the Department’s work.
2.Execute the notification procedures of judgments in absentia to the sentenced parties and furnish the applicants with the required certificates after payment of the determined fees.
3.Furnish the Prisons Department with a copy of the roll of the hearings and names of prisoners required to attend them.
4.Provide the services and procedures relevant to the execution of penal judgments through the service centres of the Ministry of Interior in the governorates.
The Control consists of two sections, in the following manner:
oCriminal Execution Section in the Reformatory Institutions Department, specialized with the following:
1.Receive the imprisonment and release orders and process them to the computer, then forward them tot the concerned sections in order to enclose them with the execution file.
2.Furnish the Prisons Department with the names of prisoners required to attend the hearings according to the computer system, pursuant to the request of the hearings secretaries in the Court of First Instance.
3.Furnish the Prisons Department with a copy of the roll of the hearings in which the case number, name of the sentenced person, text of the judgment or court decree, and statement of the postponements are written to take the required actions in light of the same.
4.Receive the objection reports in connection with prisoners from the Prisons Department and process them to the computer, then send them to the 1st Instance Prosecution to schedule a hearing.
5.Reply to all the inquiries required from the Prisons department according to the computer system.
6.Process all the execution processes carried out by the Prisons Department in the Ministry of Interior in the computer.
7.Furnish prisoners with the required certificates after payment of the determined fee.
oCriminal Execution Section in the Criminal and Traffic Judgments Execution Department, specialized with the following;
1.Provide all services relevant to the execution of penal judgments to the visitors.
2.Execute the notification procedures of judgments in absentia and objections, and notify the Court of First Instance Roll of the same in order to take the required actions to schedule hearings for the same.
3.Furnish applicants with the required certificates after payment of the determined fees.