Kuwait Court of Cassation principle number 1076

The offence of facilitating the unlawful appropriation of public funds. Prescribed in Article 10 of Law 1 of 1993 concerning the Protection of Public Funds. Established by any act performed by a public official—or a person deemed equivalent—capable of facilitating another person’s obtaining those funds. - The public official. A principal perpetrator in the offence of facilitating another person’s appropriation of State-owned funds. The reason therefor: he is considered responsible for its occurrence through his criminal activity. The other person is considered an accomplice. - Unlawful appropriation. Its import. - Criminal intent in the offence of facilitating the unlawful appropriation of public funds. Its establishment. By the perpetrator’s will being directed towards facilitating another person’s appropriation of public funds with the intention of taking ownership of them, without regard to motive. - The funds entering the public official’s patrimony—criminalised or not criminalised owing to special circumstances—does not affect the establishment of the offence. The judgment need not discuss each of its elements expressly and separately. The condition for that. - The elements of the offence of facilitating another person’s appropriation of State-owned funds. Assessment of their establishment. A matter for the trial court. Sixth Unlawful exaction involving public funds