Kuwait Court of Cassation principle number 1025

The offence of embezzlement. The criterion for its establishment. - The appellant being merely a guard at a post office containing public officials. His commission of the act attributed to him without their knowledge. Its falling outside the scope of his duties as a guard of the building, and the incident constituting a misdemeanour of theft criminalized by Article 321/3-7 of the Penal Code. The challenged judgment's departure from this view and its characterization of the incident as a felony of embezzlement. An error in applying the law. Requires its partial cassation and correction.