Kuwait Court of Cassation principle number 1029

Convicting the appellant of the offences attributed to him, applying Article 84 of the Penal Code, imposing the penalty for the most serious offence, for which the death penalty is prescribed, and reducing it to life imprisonment. Also sentencing him and the fine prescribed as a principal penalty for the lesser offence connected with the first. An error of law. - Imposition of the proportional fine provided for in Articles 44 to 48 of the Penal Code. Its prerequisite. That the offender has embezzled or appropriated property, a benefit, or a profit. The appellant's activity stopping at facilitating appropriation without any of that property entering his patrimony. Judgment - 283 - Criminal Law imposing the proportional fine upon him lacks its prerequisite. - An order for restitution is intended to restore the situation to what it was before the commission of the offence. Its imposition depends upon its prerequisite, namely the property remaining in the offender's patrimony. Ordering restitution against a person who facilitated appropriation without any of the appropriated property entering his patrimony. An error of law. - The Court of Cassation may, of its own motion, partially quash the judgment in the appellant's favour in the event of an error in applying the law.