Search: “sti”

So I got a parking sticker yesterday for parking illegally, let’s talk about this from a legal perspective and a legal perspective only:

1) The constitution says no crime or punishment only by law. Can you please show me where in the law it says the punishment for parking in a no parking zone is to stick a sticker on the violating car?

2) Punishments are to be carried out by police officers. Mall and campus security are not police officers.

3) Do you know that it’s illegal to stick stickers on cars? Even your own car.

I take full legal responsibility for my actions and call for the law to be executed upon me. I know what I did was wrong and a no parking ticket would have been worse than a sticker, it would have cost me more anyways. But I just get bothered when someone does something illegal in the name of the law, don’t do something illegal to let me know that I was illegal! Two wrongs don’t make a right.

Post by Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

The Kuwait Writing Club in collaboration with the Cultural Club at GUST will be hosting a literary night next Thursday. Members of the Riyadh Writing Club, Shurooq Amin, Sons of Yusuf and Nada Faris will also be attending as guest performers.

Date: Thursday, April 18, 2013
Time: 6PM to 8PM
Location: Gulf University for Science and Technology, Hall W6-200

For more information visit the event Facebook page [Here]

THE QUESTION
Hey Fajer, I work for a private company in Kuwait and the company has my passport (and other employees) and refuses to keep it with us because they’re afraid we might leave the country. Do they have a right to keep our passports? I was told they don’t but I’m afraid if I make a big issue out of this then I might get fired.

THE RESPONSE
So this question/answer is only for private company employees

Do employers have the right to keep an employees passport?

No, No and NOOOOO!

This is a very common question, at work and now from my readers on the blog.

Why is it illegal?

The Ministry resolution number 143/A/2010 says in (Article 1) “It is prohibited for private sector employers and oil sector employers to hold traveling documents of their employees”

Then (Article 2) mentions a punishment from the labor law for employers in the private sector who do not follow (Article 1). The punishment mentioned in (Article 141) from the labor law is as follows:

“In the event where the violator does not remedy the violation within the specified period, he shall be subject to a fine of not less than KD100 and not more than KD200 for each of the workers who are involved in the violation. In the event of recurrence within three years from the date of the final judgment, the punishment shall be doubled.” This means that your employer will get fined KD100-200 for keeping your passport.

Can you get fired?

No, No and NOOOOO!

You can not get fired except for reasons stated in the law which I won’t get into now but basically non of them is for telling your boss to be legal.

I want everyone to know the following for any labor law violations by your employers in the future:

– There is a hotline you can call (no one picked up when I called) 128

– There is a site where you can file a complaint (no one replied to me yet) https://www.mosal.gov.kw/

– There is also an NGO organized by Bibi Nasser called Social Work Society of Kuwait located in mishref www.q8sws.com Tel: 25375031 they might be able to help you with issues, even though most of their work is for domestic and construction workers

– According to the labor law, if you have a complaint against your employer, the Minstry of Labor and Social affairs will look into it before it gets to court and will try to resolve it

– If it does go to court, the court has exempted laborers from any court fees

– I sat with officials 2 weeks ago from the Minstry of Labor and Social Affairs for a research paper by John Hopkins about domestic workers in Kuwait and their rights. The officials I met with told me that an employee who’s passport is held by their employer can come in if he or she really needs to travel and get a paper from them that will allow the employee to travel

Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

AGi architects – General Department of Information System, Kuwait from AGi architects on Vimeo.

I honestly have no idea what the General Department of Information System are in charge of but this is the design that got approved for their new offices and I think it looks really beautiful.

The project is based on three principles: representativeness, security and functionality, turning the complex with a total gross area of 135,482 sqm into a strong civil icon representing Kuwait’s Ministry of Interior Affairs.

Building design aims for the clear transmission of a conceptual duality it derives from: technology, innovation and transparency on the one hand versus strength, stability and security, which are inherent to the Ministry of Interior Affairs that will occupying the building, on the other.

This concept is driven in the building by two contrasting layers that are superimposed onto one another. From afar the building is perceived as a light volume elevated from the ground floor, becoming a landmark in the urban landscape for the citizens, while a closer approach will show the massiveness of the stone plinth, a lower part of the building that is opened to the public the main gates and lifts from ground to hold the upper levels lighter glass structures that house the offices of the various departments.

You can also check out some 3D renderings of the building on the AGi Architects website [Here]

A new Brazilian restaurant called “Rio” is opening tomorrow in Kuwait City right next to Ubon (in Aljawhara Tower). I haven’t tried it yet but a friend of mine who went to a tasting did and told me the food wasn’t bad and the interior made him feel like he was dining in Manhattan. They’re soft launching the restaurant tomorrow (Monday) and they’ll be opening from 7PM to 11PM.

Thanks Ali
Photo above by @humaidhi

According to TMZ, the popular celebrity gossip and news website, Michael Jacksons 16-year-old son Prince is allegedly dating a Kuwaiti princess who attends his same school. It’s a gossip website so don’t take this too seriously but if true would be interesting considering Janet Jackson recently married a Qatari billionaire. [Link]

Thanks Laila

There are two things I did in Prague that I would highly recommend to everyone going there.

Hit the slopes

If you have the time and you’re there in winter then I’d highly recommend you hit the slopes. The cheapest option I found was around 75 Euros per person including travel to the resort from the city and including rental gear and slope passes. But, the resort was tiny and mostly made up of fake snow. I ended up going to Špindlerův Mlýn which cost considerably more but that’s due to the the location being around 2 hours away from the city. The resort was huge and there was lots of soft powder snow since it was snowing when I was there. I went midweek so the slopes were mostly empty which meant I never had to wait in line for the ski lifts or bother navigating hoards of skiers on the way down. The slopes are not all connected together but there was a free shuttle bus service to navigate from one slope to another. The whole experience cost me around KD90 but that included snowboard gear rental, a half day pass to the slopes and a personal driver for half a day as well.

While there I would highly recommend you rent a snowmobile as well. They rent for a minimum of 1 hour and you go off alone with just a black and white map that makes absolutely no sense. I think it was around KD20 for the hour, I don’t remember but I took the snowmobile and headed all the way up to a peak. It was snowing and foggy along the way and I froze my ass off but the trip was really beautiful and scenic.

Visit the psychiatric hospital

Ok I know this sounds weird and it is but it’s really worth the experience. I went and had lunch at the Psychiatrická léčebna Bohnice cafeteria. I had read on a forum online that the staff that work there are recovering patients and that the visitors are families visiting their loved ones at the hospital. Anyway the hospital grounds is huge, like a massive university campus. The buildings all looked like they had been built in the early 1900’s with beautiful but crumbling architecture and looks of interesting looking floor tiles. The cafeteria had a style that wouldn’t have looked out of place in Stanley Kubrick’s The Shinning but don’t expect the food to be anything exquisit. Actually don’t expect to really eat there, maybe just a slice of cake and a RC Cola since the menu really didn’t have much food just microwaved sausages and croissant.

Still it was a different experience and one that doesn’t cost much to try. The trip from the city to the hospital by cab was KD7 and I think I paid like 800 fils for my lunch and desert.

There has been a lot of debate about the pros and cons of capital punishment in the past few days which is why I wanted to take the time to explain capital punishment in the Kuwaiti law.

What is the procedure before getting capital punishment?

So an accused gets three trials, when he gets a guilty verdict in a trial he HAS to appeal. If he doesn’t appeal then the public prosecution will appeal the case. Before being sentenced with capital punishment an accused has to be proven guilty three times in three different trials made up of different judges. After three different guilty verdicts, the accused get sentenced to capital punishment. But, even then, capital punishment would not be executed unless the highest authority signs off on the sentence.

Who is exempted from capital punishment?


What are the crimes that you would get capital punishment for?

The below apply to everyone, Kuwaiti or non Kuwaiti, visa or no visa, pretty or ugly… as long as you committed the crime in Kuwait.

– Murder, deliberate + premeditated by il will (Article 150 with a def in Article 151)

– Any person that kidnaps another person using force or threat or with the intent to kill, hurt or rape (Article 180)

– Sexual intercourse with a female without her consent and the accused was related to the girl, or was her teacher, her caretaker or her servant. (Article 186)

– Sexual intercourse with a female with her consent but the female is not mentally stable and the accused knew this or if the girl was under 15 years of age. In both cases the accused was related to the girl, or was her teacher, her caretaker or her servant. (Article 187)

– Capital punishment found in other Kuwaiti laws
 like national security crimes (treason for example)

– For growing, selling, buying or importing or exporting drugs the accused might get capital punishment. But, if you add any of the following points as well then the accused will get capital punishment:


1) The drug is cocaine, heroine, Acetyldihydrocodeine and Codeine

2) You’re a public employee
3) Used a minor to help with the drug crime

4) Its the accused 2nd time convicted of either growing, selling, buying or importing or exporting drugs

The above is based on the Kuwaiti law and not my opinion. If there is anything that isn’t clear leave a comment below and I will try to clarify it.

Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

They might as well have live streamed it with their social media person posting pictures on their Instagram account. [YouTube]

Update: Video link updated since previous one was taken down.

Last week a user in the forum posted asking for legal advice. His brother was accused of shoplifting and needed some legal advice. I asked my lawyer friend to look at his question and then it gave me an idea, how about Kuwait law related posts on this blog? Starting from today my friend Fajer is going to be posting every now and then on this blog answering law related questions, she’s already started with the post below on shoplifting. If you have any law related questions you could contact her on [email protected] and we’ll be choosing the most interesting ones to answer on the blog. This should be interesting.

Hi everyone, my name is Fajer and I’m a legal counsel at a local law firm. One of Mark’s forum users had a law related question and he thought it might be a good idea to get me involved on the blog with law related posts starting with the questions his forum user had. I’ll post the users problem first followed by my response below it.

THE PROBLEM
My brother was accused of shoplifting a packet of AAA batteries at a supermarket. He was leaving the supermarket when the detector at the exit started buzzing and they found the battery pack on him. It was by accident and he tried to explain that to them but he was arrested, booked and slapped with a robbery case as well as a travel ban.

My questions are the following:
1) What is the law here towards shoplifting?
2) Is it justifiable to send a guy to jail and keep him there for more than 24 hours without a case?
3) I heard from a friend of mine supermarkets usually don’t get first time offenders arrested and just end up paying a penalty instead is that true?
4) Is it possible to friendly settle this case out of court?

THE RESPONSE
The answer to your situation is not very straight forward but I will try to go through your questions and explain everything to you.

1) What is the law here towards shoplifting?
There is no specific law in Kuwait towards shoplifting but the act of shoplifting falls under the crime of robbery. The official English translation of the Kuwaiti criminal law describes robbery in Article 217 as “A person is guilty of robbery, if he embezzles movable property, owned by a third party, with the intent to acquire it” … ahhh lawyers and their confusing legal sentences… so wait lets break things down.

In every law, for any country, all crimes consist of two parts:

Point here is that you have to have intent to steal to be charged with robbery. If your brother forgot to pay for the batteries by accident, the verdict should be innocent but to get to that verdict you need to prove “Mens Rea”.

2) Is it justifiable to send a guy to jail and keep him there for more than 24 hours without a case?
According to the new criminal procedures law (and without getting into detail), the police officers have the right to hold someone up to 48hrs (it used to be longer) if they are accused of a crime. This would not be in prison but in a police station with the aim of starting an initial investigation before going to court. Their initial investigation might be to ask a few questions, find evidence and to figure out what laws apply.

3) I heard from a friend of mine supermarkets usually don’t get first time offenders arrested and just end up paying a penalty instead is that true?
Article 143 states that it is a crime to not report a robbery so the Supermarket was abiding by the law when they reported the crime to the police. Now some supermarkets might be more forgiving and let it slide, but, “letting it slide” is a crime on their part and so I could understand why some supermarkets wouldn’t want to let it slide.

An interesting fact, if you’re inside a supermarket and you pick up a chocolate bar, eat it and then leave the supermarket without paying for it, then you have not “taken the property from the possession of a third party” (as the law article goes on to define embazzlment) therefore you have not moved the object from the ownership of the supermarket and so is not defined as robbery. This definition caused a lot of problems in Kuwait because people were using services and not paying for them or eating at restaurants and not paying for the meal so another law was passed where it said that this action was not a crime… but you had to pay a fine of KD75 plus the cost of the service or food you ate. So most likely that’s the penalty you heard about.

4) Is it possible to friendly settle this case out of court?
No it is not possible to settle robbery cases in Kuwait. Some crimes in Kuwait like robbery are considered to be against the community and not just the supermarket and so one individual does not have the right to settle it. The criminal court needs to look into the case.

So I know you didn’t ask me this, but…

5) What is the punishment for robbery in Kuwait?
Article 219 of the criminal states the punishment as being up to 2 years of jail time or/and a fee of up to 2000 Rupees (yes the law is that old that the fees are still in Indian Rupees).

So this means that a judge can ask the accused to go to jail for 2 weeks or 2 months or 6 months and 3 days just as long as it is not more than 2 years. Or he can make you pay 100 rupees or 1500 rupees. He could also decide no punishment or both a jail time and fine. The judges have a lot of power here.

But the maximum isn’t always 2 years because Article 221 was added and changed it to 3 years for certain situations:

Hope the above helps you out. One more thing I forgot to mention, the cost of the item doesn’t matter so a packet of AAA batteries or a gold necklace are treated the same.

Fajer Ahmed – Legal Counsel
Have a Kuwait law related question? Email me at [email protected]

The legal opinions expressed in this post are those of the author Fajer. Opinions expressed by Mark or any other writer on mark248am1.wpenginepowered.com are those of the individual’s and in no way reflect Fajer’s opinion.

Wendy’s, Arbys, A&W and In-N-Out still MIA. [Link]

Sorry for the late notice but I just found out about this. Tomorrow (Friday March 29) at 3PM Extreme Sports is going to be holding a BMX and skateboard competition at Marina Skatepark. If you don’t know where that is, it’s just outside of Marina Waves at the edge of the beach and park. You can still register if you want to compete as well.

Below is a kinda long but interesting write up by a friend of mine currently working in the medical field. It’s related to the “Kuwait to segregate medical care” post from last week:

—————————

Its not a sprint, its a marathon

We need help. Everyone can agree that healthcare in Kuwait should be paramount. We need to have a healthcare system we can be proud of and confident in. I need to feel proud of where I work and the job I do. The recent lobby towards segregated healthcare for none emergent cases is just one more example of a quick fix for many failed and saddening endeavours that we as a profession are at least partly responsible for.

From the outset I doubt that anyone working currently in Kuwaiti healthcare is evil or bad or totally and completely corrupt. In fact, I think many of us started our careers inspired and full of promise but were met by challenges that we cannot possibly overcome. At a healthcare system level, we need to refine our goals and find our way towards something more efficient and dare I say it welcoming to people.

How many people reading this have a family doctor?

I doubt many of you do. This may be because you are perfectly healthy but it’s probably because you show up at the emergency room if you need anything because you have no confidence in your local poly clinic or mustawsif. The fact of the matter is that I wouldn’t either.

We need to re-create the family doctors as the go to guy or girl for all things non emergency and as the primary referring physician (small bruises, vaccines, high blood pressure, diabetes control, breast and colon cancer screening). This will mean two big changes. The first is that one doctor or centre will have all your medical history and that from now on you won’t show up to the emergency room unless it is an actual emergency, otherwise the emergency department will refuse to see you (this is the norm in the US, Canada and the UK NHS, it is becoming the norm in many south east asian countries gradually as well). More importantly we need to equip our poly clinics and family doctors with information and facilities such as x-ray facilities, ultrasound and turn a rundown office into an actual treatment facility. We also need to mandate a minimum amount of courses to be taken by these doctors so that they remain up to date in their fields (this should be true for all doctors in general come to think of it)

Provided you’ve got a referral or are trying to see a specialist, how many of you see them on time?

The way things are now, if you live in Mishref, you go to specialists in Mubarak, if you live near Adan then you are sent there. This means that the areas with the highest population end up with the longest waiting times. We need a structured dynamic referral system. I’m sure that there is some sort of solution I’m just not sure what it is. Perhaps if there was a regular update of which areas had the shortest waiting time were made available to family practitioners on a daily basis (via email). It may mean that patients will get their appointments earlier.

The problem is that I doubt that a person living in Jahra would be happy coming to Amiri for his echocardiogram even if it meant he or she would get it quicker. Having referrals to different hospital for different things would mean that you need to have all the patients data accessible across different hospitals in a sort of a cloud. Lets face it people, I’m more likely to see a giant flying saucer deliver free red velvet cupcakes at 360 than I am to see the ministry of health manage a cloud based patient filing system.

Having exhausted all efforts to get an early appointment you decided to go private, how many of you see a physician in his private practice after trying to get an early appointment in his government funded one?

Many of us have a conflict of interest when we are employed in private and public healthcare. I know colleagues who completely neglect their public healthcare patients and I know others who have no interest in private healthcare. Regardless, clear guidelines have to be set so that a physician working in the private healthcare field does not neglect his or her public healthcare practice. A bill requiring all doctors working in private healthcare to have 50% of their practice as public or pro bono might be the best solution but it’ll also mean that you would be the most hated minister of health in the history of Kuwait. (Maybe if we start with 30%, doctors are less likely to revolt)

[YouTube]

Two years ago by complete randomness I found out who the Tikka “I like it spicy” guy was and posted about him. Now out of nostalgia curiosity I’m hoping to find out who the Pizza Italia guy from the commercial was and what he’s doing right now.

So if you have any information on the guy running in the commercial (pictured above) then let me know. Actually any information on the commercial like who did it, how it came to be etc.. would be interesting as well.

Update: Here is some information according to two readers. The Pizza Italia guy in the commercial is actually a Lebanese actor. The commercial was directed by Nick Cate, who is now living in the UAE. The scene in which is he running in front of shops was filmed in old Salmiya where Alamiah and Waleed Toys were located. The camera was located on the first floor of the building on the opposite side (the one with Xcite and Cinemagic).

Update2: According to Nick the director of the commercial, it was shot on a hand cranked 16mm Bolex camera and the music was composed by an Egyptian composer called Mohammed Al Banna.