12 ALRAQABA . ISSUE 20 The Law 106 /2013 on Money Laundering and Terrorist Financing is one of the most robust laws in explaining the liability of a legal person and the difference between the penalties estimated for the legal and natural persons. The law specified the adequate amount of fine along with the complementary penalties for the legal person. Not only that, the law also prescribed the penalty according to the solvency of the person. This means that the fine is dissimilar based on the legal liability of the person, whether it is legal or natural. The Law 106/2013 is considered one of the best in the Kuwaiti legislation in addressing the criminal liability of the legal person. That is before the issuance of the most recent Law 2/2023 amending Law 31/1970. It modifies several provisions within the Penal Code issued by Law 16/1960, in which the legislator explicitly recognizes the criminal liability of the private legal person. The legislator prescribed articles by which penalties that commensurate with the private legal person were introduced, especially in crime acts relevant to corruption. In Law 2/2016 on the Establishment of the General Authority for Combating Corruption, the legislators itemize the following in Article 22: The criminal liability of a private legal person in the following acts of crime: First: Embezzlement of public funds as stipulated in Law 1/1993 on Safeguarding public funds. Second: Bribery and influence peddling as stipulated in Law 31\1970 amending provisions of the Penal Code 16/1960. Third: The acts of crime described in Law 106/2013 on combating money laundering and financing terrorism. Fourth: Forgery and falsification stipulated in Law 16/1960 promulgating the Penal Code. Fifth: Acts of crime related to the course of justice as stipulated in Law 16/1960 promulgating the Penal Code. Sixth: Illicit gains stipulated in the previously mentioned law. Seventh: Customs evasion as stipulated in Law 10/2003 on the Unified Customs Law in the GCC countries. Eighth: Tax evasion as stipulated in Decree 3/1955 regarding Kuwait income tax. Ninth: Obstructing the functions of the General Authority for Combating Corruption, putting pressure to obstruct it from its duties, interfering in its competencies, or refraining from providing the required information stipulated in this law. Tenth: Acts of crimes stipulated in Law 10/2007 on protecting competition. Eleventh: Acts of crimes stipulated in Law 25/1996 on the disclosure of commissions provided in the State’s contracts. Twelfth: Any other acts viewed in other laws as corruption crimes. Penalties In accordance with Law 2/2023, the Kuwaiti legislator penalizes the legal person with double the fine prescribed for any of the aforementioned corruption crimes. Complementary Penalties The legislator has enacted complementary penalties that are appropriate to the nature of the legal person. Namely, depriving it, whether directly or indirectly, from practicing all or some of its activities for no more than three years. Legislations
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