Introduction

Reporting financial crimes in Kuwait—such as embezzlement, fraud, or breach of trust—requires specific legal procedures. Whether the victim is an individual, a business, or a government entity, swift and structured legal steps must be followed to ensure the crime is prosecuted effectively and the stolen funds are recovered. This article outlines the process in detail.

Step 1: Gathering Evidence

Before filing a complaint, the victim should collect all relevant documents and evidence. This may include:

• Bank statements and transaction logs
• Internal financial reports or audit results
• Contracts, power of attorney, or employment agreements
• Witness statements or internal emails showing misconduct

Having comprehensive evidence strengthens the case and increases the chance of successful prosecution.

Step 2: Filing a Complaint with the Public Prosecution

The complaint must be submitted to the Public Prosecution (النيابة العامة). The complaint should clearly state:

• The identity of the offender (if known)
• The nature and timeline of the financial crime
• The amount or value of misappropriated funds
• Supporting documents and a request for criminal action

Complaints can be filed in person, through legal representation, or via certain approved electronic channels.

Step 3: Requesting Precautionary Measures

To prevent the suspect from fleeing or hiding assets, the complainant may request the following:

• Travel ban: Preventing the accused from leaving Kuwait during investigation
• Asset freeze: Temporarily freezing bank accounts, real estate, or other property suspected to be linked to the crime
• Seizure of documents: Ensuring access to corporate or personal records that may be destroyed

Step 4: Public Prosecution Investigation

After receiving the complaint, the Public Prosecution will:

1. Summon the suspect for questioning
2. Request additional documents from banks, employers, or institutions
3. Issue arrest warrants if the suspect is uncooperative
4. Refer the case to the Criminal Court if sufficient evidence exists

This stage may take weeks or months, depending on the complexity of the case.

Step 5: Filing a Civil Claim (Optional)

In parallel with the criminal case, victims may file a civil lawsuit to recover embezzled funds and request damages. This can be done:

• Within the criminal case (via civil attachment)
• Or separately before the competent civil court

It is highly recommended to consult a legal advisor to coordinate both cases.

Special Considerations

• Reporting must be done within the statute of limitations (typically 3 years for breach of trust cases)
• Anonymous reporting is generally not accepted unless supported by compelling evidence
• Corporations are encouraged to involve internal auditors and legal counsel early