Sentencing Corporate Defendants: A Comparative Study among Kuwaiti and Britain Law

Meshari Kh. Aleifan1 & Dalal Kh. Alsaif2

https://doi.org/10.62271/pjc.16.2.169.188

Abstract
This study began with the hypothesis that British law has an advantage in regulation over Kuwaiti law regarding penalties related to companies or legal persons. This study raised several questions regarding several penalties and measures (fines, compensation orders, corrective orders, restitution orders, publication orders, Judicial rulings, submitting periodic financial reports, and dismissing company directors). To answer its questions, this study used the analytical approach by analyzing the texts of British law and how they are applied before the courts. The study compared that with the texts currently existing in the Kuwaiti legal system and the extent to which the penalties found in British law can be applied. In the State of Kuwait. Indeed, it became clear from this study that there is an advantage, but it is partial. This study found that there are penalties regulated by the British legislator that the Kuwaiti legislator did not know about, and there are penalties regulated by the British legislator in a more detailed and deeper manner than Kuwaiti law in a manner consistent with the nature of the legal person (companies). Finally, the study concluded that the Kuwaiti legislator should benefit from the experience of the British legislator about criminal corporate penalties.

Keywords: Fine – Compensation – Restitution – Britain – Corporate – Penalties – Kuwaiti Legislature.