Procedures for arrest and search in drug cases according to the new law – Prepared by Attorney Khaled Mufrej Al-Dalmani

Seizure and search procedures are the cornerstone of most drug cases in Kuwait, whether for use or trafficking. Decree Law No. 159 of 2025 places great importance on regulating these procedures, given their direct impact on the validity of criminal evidence and the formation of the court's conviction. Understanding these procedures is crucial for lawyers and litigants, as it includes safeguards and limitations that ensure a fair trial.

First: The concept of flagrante delicto and its legal limits

Being caught in the act is an exceptional case that allows an officer to arrest and search without prior authorization, but the law stipulates conditions for its validity:

• The officer's direct observation of the crime or its effects.
• Or it occurred immediately before the arrest.
• Or prosecuting the accused after the act has been committed.
  The Court of Cassation affirms that being caught in the act is not presumed, nor is it inferred from doubt or suspicion, but must be based on actual observation or strong evidence that does not allow for interpretation.

Second: Permission to search – its conditions and regulations

When the act of committing a crime is not present, a warrant becomes an essential condition for the validity of the search. Among the most important conditions are:

• It was issued by a competent investigative authority.
• The existence of serious and complete investigations justifies its issuance.
• Clearly identify the place and the people.
• Adherence to the duration and limits of the permi