Kuwait Court of Cassation principle number 1307

Guaranteeing personal liberty, freedom of opinion and expression, and freedom of the press, printing, and publication. Articles 30, 36, 37 of the Constitution. This is affirmed by Article 1 of the Printing - 355 - Penal Law and Publication Law No. 3 of 2006. - Matters whose publication is prohibited. An exception to the constitutional principle, specified by Law 3 of 2006. The reason: concern to preserve and protect people’s dignity, lives, and beliefs as part of their personal freedoms without suppressing the right to express opinions and expression. - The prohibition in Article 19 of the aforementioned Law was intended to ensure that the Divine Being, the Holy Quran, the prophets, the virtuous Companions, the wives of the Prophet, may Allah bless him and his family and grant them peace, and the Household, peace be upon them, are not affronted through insinuation, attack, ridicule, or disparagement by any means of expression provided for in Article 29 of the Penal Code. Assessing this. A matter for the trial court without review by the Court of Cassation. The condition thereof. - Criminal intent in the offence of affronting the Holy Quran through publication. Its presence. General intent suffices without requiring specific intent. - The publisher’s knowledge. Presumed. Establishing his criminal intent. A matter for the trial court.