Public Financial Crimes: The Investigation Process Adopted by the Kuwaiti Regulatory Agencies
The investigation of public financial crimes in Kuwait has evolved over the last fifteen years. This development is reflected in the enforcement of new laws intended to kerb such crimes. Although Kuwait has taken some positive steps towards establishing agencies that reinforce the criminal justice system, indicators show that little has changed. In fact, the country has failed to maintain its previous position on the Corruption Perceptions Index: over the last fifteen years, Kuwait has fallen in rank from 35 to 85.
The primary aim of this thesis is to improve understanding of the Kuwaiti legislature and its regulatory agencies and their response to public financial crimes. Towards this end, the thesis will examine the investigation process adopted by the Kuwaiti legislature and its regulatory agencies, namely the Department of Public Prosecution, the Anti-Corruption Authority, the Financial Intelligence Unit and the Financial Controllers Agency. Given the current lack of research in this area, the results from this study will help to develop the existing literature on the subject. The study seeks to answer the following research question: Whether the Kuwaiti legislature should reconsider the current investigation process?
A regulatory approach is adopted to answer these questions and to determine the factors that affect the investigation process. This thesis begins by analysing existing literature on investigation process as well as empirical data collected from the interviews. It will further utilise the components of the investigation process to analyse and interpret the procedures that may or may not help to improve the process of investigating public financial crimes.
Hamad’s doctoral research is supervised by Professor John Morison and Doctor Kevin Brown and is funded by the Kuwait International Law School.
Hamad is a Ph.D. candidate. Previously Hamad has obtained supplementary degrees from different jurisdictions; (Highers) from Scotland, (LLB) UAE, and (LLM) from the USA. In practice, Hamad has worked as a lawyer, consultant, and teaching assistant. In addition to that, he holds several senior positions in local and international charitable foundations as a volunteer.
Hamad’s research interests are financial crimes, investigation procedure, and criminal law, with broader interests in contracts and planning law.