Kuwait: The death of the former director of the Social Insurance Institution, Fahd Al-Rajaan, in London yesterday raised questions about the fate of the pending cases against him related to public money.
Informed sources confirmed to the media that “penal cases fall, but civil lawsuits continue to be pursued with the heirs, although the matter may be delayed due to the administrative procedures related to the heirs,” referring to a previous ruling of the Court of Cassation that “the criminal litigation stands by the force of the law at the moment of death to leave someone behind.” Conditions for holding it, and he is the accused.”
The sources pointed to Article 22 of Law No. 1 of 1993 regarding the protection of public funds, which states that “the expiry of the criminal case for any reason does not preclude the right of the injured party to demand the refund of the funds, the subject of the crimes stipulated in this law, and compensation if necessary.
Dr. Faisal Al-Haider, a specialist in administrative and financial law, said that “the financial right of the state with one of its citizens does not fall with the death of this citizen, as it can continue to claim this right through a new lawsuit that addresses the heirs of the deceased, after verifying their names, addresses and the relationship of kinship with this deceased issued against him. Judicial rulings.
In a statement to the media, Al-Haidar indicated that “the Fatwa and Legislation Department can appeal the claim to recover these funds owed to the state.”