Kuwait Court of Cassation principle number 1013

Property acquiring public status. How: either directly, through its ownership by the State or a public authority or institution, or through any of them contributing 25% of the capital of any company or establishment, or indirectly, whatever that percentage may be. Article 2 of Law 1 of 1993 - 279 - Penal concerning the protection of public funds. - A public authority's contribution to a company's capital exceeding 25% of its capital, and that company's contribution to another company. Its implication. The latter company's funds are deemed public funds by extension, whatever the first company's percentage contribution to its capital. The judgment's departure therefrom, its requirement that the percentage contribution to the latter company be no less than 25%, and its exclusion of the charge of attempted appropriation of public funds. An error in applying and interpreting the law requiring its cassation. Reason thereof: the legislature did not require a particular threshold for the percentage contribution in the indirect form for acquisition of the status of public funds.