Article 236 of Kuwaiti Penal Code

The penalties specified in the preceding Article shall apply to anyone managing a commercial, industrial or agricultural undertaking whose capital consists wholly or partly of public subscriptions through shares, bonds or any other type of securities, and anyone employed therein or entrusted with work on its behalf, who commits fraud intended to create the impression that he has a claim against the undertaking, by falsifying the undertaking's books, papers or documents, or by omitting to record a material matter in those books, papers or documents, even if his fraud does not result in his obtaining any property whatsoever from the undertaking. Article 237 (1) Anyone who, in bad faith, proceeds to commit any of the following acts shall be punished by imprisonment for a term not exceeding three years and a fine not exceeding five hundred dinars, or either of these two penalties: a - Issuing a cheque without existing and disposable funds to cover payment. b - Withdrawing, after issuing the cheque, all or part of the funds so that the remainder does not cover its value. c - Ordering the drawee not to pay the cheque. d - Deliberately drawing up or signing the cheque in a manner preventing its payment. e - Endorsing a cheque to another or delivering to him a cheque payable to bearer, knowing that it lacks funds covering its full value or that it cannot be paid. Without prejudice to Article 532 of the aforementioned Commercial Code, criminal protection of a cheque shall begin only from the date stated on it. The penalty prescribed by Article 86 of this Law shall apply to a repeat offender in any of the offences specified in the first paragraph of this Article. The court may exempt the offender from punishment if it is established that he paid the value of the cheque before the final judgment was issued. If it is established that he paid the value of the cheque after the final judgment was issued, the court that issued the judgment may order suspension of execution of the sentence imposed, upon the application of the convicted person or his representative. Article 237 bis (2) Anyone who commits any of the acts provided for in the preceding Article in the accounts of legal persons shall not be criminally liable if the perpetrator committed the act in execution of an order issued to him by the legal person's representative, despite warning him that the act falls within those acts. In this case, criminal responsibility shall rest with the person issuing the order. Article 237 bis 1 (a) (3) Criminal proceedings for the offences provided for in Article 237 of this Law shall not be instituted if the victim fails to submit his complaint to the Public Prosecution within four months from the date stated in the cheque as its date of issue if it was drawn in Kuwait, and within six months if it was drawn outside Kuwait and is payable therein. (1) The latest amendment to the Article was made pursuant to Law No. 84 of 2003. (1) Added pursuant to Law No. 84 of 2003. (2) Added pursuant to Law No. 84 of 2003. (3) Added pursuant to Law No. 84 of 2003. Law Index 147 Home Page Kuwaiti Penal Code Law No. 16 of 1960 Promulgating the Penal Code and its Amendments Article 237 bis 1 “b” (1) The Public Prosecution shall have exclusive jurisdiction over investigation, disposition and prosecution in all offences provided for in Article 237 of this Law.