Kuwait Court of Cassation principle number 1016

Property acquires public character directly if owned by the State or public authorities and public institutions, as well as companies and establishments in which the State and public authorities and institutions hold not less than 25% of their capital. - Its indirect acquisition of public character does not differ from the direct case in terms of - 280 - Penal Law satisfaction of the requirement of a holding of not less than 25% of their capital, except that this is achieved through participation by a company or group of companies or establishments in whose capital the State, public authorities or institutions, or other public legal persons hold some share. The latter share relates to intermediary companies in which the State or others participate. This is indicated by what the legislature provided in the final paragraph of Article 2 of Law No. 1 of 1993 concerning the Protection of Public Funds. - The legislature's objective is that, for the property of the victim entity to be deemed public property, participation in its capital must be not less than 25%, whether by the State or other economic or intermediary entities. The challenged judgment's contravention thereof. An error in applying the law requiring its cassation. An example. Second: The Public Official: