Procedures for arrest, search, and pre-trial detention in Kuwaiti legislation.

The Kuwaiti legislator stipulated pre-trial detention as a measure of precautionary investigation procedures aimed at holding the accused who is under suspicion in a certain crime; and although pre-trial detention constitutes an infringement on the personal freedom of the individual, as it involves the deprivation of the individual's freedom for a period of time without a judicial ruling, which constitutes a violation of the presumption of innocence enshrined constitutionally, the legislator allowed this procedure prioritizing the interest of society over that of the individual. However, the legislator did not grant this power to the investigative authority to exercise it as it wishes. He has introduced many restrictions and guarantees, both formal and substantive, that ensure that the order for provisional detention aligns with its intended purpose, which is to serve as a precautionary measure aimed at the interests of the investigation. These restrictions and guarantees outlined by the legislator regarding provisional detention are specified in the Kuwaiti Code of Procedures, similar to the Egyptian Code of Criminal Procedure, and have been stipulated in several international agreements, the most important of which is the International Covenant on Civil and Political Rights. The Kuwaiti legislator has made several amendments to these established restrictions and guarantees for provisional detention, particularly the amendment made in 2012. Through this study, we will attempt to demonstrate the texts contained in the Kuwaiti law related to provisional detention and its amendments, compare them with Egyptian law, and examine the extent to which they comply with the provisions related to provisional detention in the International Covenant on Civil and Political Rights.