Introduction

While embezzlement is primarily a criminal offense under Kuwaiti law, victims are also entitled to pursue civil remedies. Civil claims allow affected individuals or entities to recover embezzled assets and receive additional compensation for damages. This article explains how civil proceedings work in conjunction with criminal trials and outlines the rights of victims under Kuwaiti law.

Legal Basis for Civil Action

Civil claims for embezzlement are based on the general principles of tort law and contractual liability. When an individual unlawfully takes or misuses another’s property, the victim has the right to initiate a lawsuit for compensation—regardless of whether the offender is criminally convicted.

This is supported by provisions in the Kuwaiti Civil Code and the Code of Civil and Commercial Procedure.

Who Can File a Civil Claim?

• Companies whose employees or managers have embezzled funds
• Heirs of a deceased person whose estate was unlawfully appropriated
• Clients whose agents, lawyers, or accountants misused entrusted funds
• Any party harmed financially by the misuse of money held in trust

Types of Civil Compensation

• Restitution: The direct return of funds or property taken
• Actual Damages: Covering lost profits, operational losses, or harm to cash flow
• Moral Damages: For reputational harm or emotional distress (e.g., in inheritance or personal finance cases)
• Legal Costs: Recovery of attorney fees and court expenses
• Punitive Damages: In egregious cases, civil courts may award higher compensation to deter future misconduct

Procedure for Filing a Civil Case

1. Prepare legal documentation proving the financial loss and its connection to the accused
2. File the lawsuit before the competent civil court (Commercial Court, Personal Status Court, etc.)
3. If criminal proceedings are ongoing, request the court to join civil claims with the public prosecution case
4. Request temporary or precautionary measures (e.g., asset freeze, travel ban)

Relationship Between Civil and Criminal Cases

In Kuwait, victims can file a civil claim:

• Separately: Before, during, or after a criminal case
• Jointly: As part of the criminal proceedings through the Public Prosecution or Criminal Court

The criminal court may issue a ruling on civil damages if the victim requests it during the criminal trial.

Enforcing Civil Judgments

If the civil court rules in favor of the victim, enforcement may involve:

• Seizure of assets or bank accounts
• Wage garnishment (if the convicted person remains employed)
• Liquidation of properties registered under the offender’s name