Abstract Discussions of the Separation of Powers tend to be related to the administrative state. In her study, Barkow states that although scholars have written many works on the SOP in a state, they “have wholly ignored the criminal state”. The proposed research addresses the question of separating powers within the criminal justice system of Kuwait, examining the function of this division and the structures that are designed to protect the rights of citizens. Despite being regulated according to democratic principles, the criminal justice system of Kuwait has been described as excessively controlled by executive bodies. Currently, there appears to be a lack of research explaining how numerous criminal justice bodies in Kuwait can be effective in promoting the principles of freedom, democracy, and equality before the law. The proposed research can provide some insights into the SOP between institutions and make an assessment of its effectiveness in addressing the principles stated in the Constitution of Kuwait. In addition, the current research allows discussion about the origins of the modern Kuwaiti criminal justice system, with the focus on British law (which is a past influence) as well as French, Egyptian and Islamic law (as continuing influences). As a result of its development history, Kuwait is a very good example of the diffusion of law; for instance, it was described as “mixed” by Williamson to reflect its components. The diffusion of law in Kuwait is a better-investigated topic, but even nowadays it still attracts the attention of modern researchers. Finally, the theme of human rights and their protection through the criminal law system is also a topic of acute interest. Thus, this study can be regarded as original because it aims to discuss an under-researched topic, and it is valuable because it touches upon topics of acute interest in the field. In the end, the paper will discuss the SOP in the Kuwaiti criminal justice system as a mixed phenomenon that originated from French, Egyptian, and Islamic law and that can influence the protection of Kuwaiti citizens’ human rights at each stage of law enforcement and prosecution. Introduction Overview of the Research The Separation of Powers (SOP) in a criminal justice system can be regarded as a method of protecting citizens’ rights from bias, corruption, and inequality in judging. 1 The history of the phenomenon has involved several milestones and was the product of the minds of multiple notable figures. For example, Aristotle introduced a number of constitution-related ideas in his Politics , especially in books two – seven, which considered citizenship, types of regimes, and constitution. With respect to SOP, the author distinguished between “the deliberative body, the magistracies and the judges” in book four, suggesting that such separation could prevent absolute power. 2 Furthermore, in his criticism of the then-existing patriarchal system of power, Locke focused on SOP in the context of legislation and formulated the “principle of legislative supremacy … in the sense that it envisions the legislature as having an initiating place on the assembly line of law-making/law enforcement” 3 , arguing that an “authority that is able to give laws to others must necessarily be the superior of the