Defenses presented by lawyers in drug cases under the new law – Prepared by lawyer Khaled Mufarraj Al-Dulaimi
Defense arguments in drug cases are among the most important elements of criminal proceedings, especially after the significant amendments in Decree-Law No. 159 of 2025, which reshaped the standards of arrest and search, the distinction between drug use and trafficking, digital evidence, and the assessment of criminal intent. This study presents the most important legal arguments relied upon by the defense before criminal courts in Kuwait.
First: Defenses related to arrest and search
The court must verify the legality of the arrest procedures, as their invalidity renders their results invalid. Defenses against the validity of a search are based on:
- The absence of a case of flagrante delicto.
- Lack of a valid search warrant.
- Exceeding the limits of permission in terms of location or duration.
- The lack of seriousness of the investigations on which the authorization was based.
The Kuwaiti judiciary affirms that exceptional searches must be interpreted narrowly, and that suspicion does not rise to the level of being caught in the act, which gives the defense ample room to appeal.
Second: Defenses related to the absence of intent to trade
This defense relies on dismantling the evidence used by the prosecution to prove intent to traffic, such as quantity, packaging method, communications, and cash amounts.
The role of defense is highlighted in:
- A statement that the quantity is insufficient to charge trafficking.
- Denial of any financial transactions or promotional communications.
