Kuwait Court of Cassation principle number 1477

The offence of bringing counterfeit banknotes into the country with knowledge of their counterfeit nature. The statutory excuse exempting from punishment under Article 67 of the Penal Code applies to it. The basis for this. - The judgment’s inclusion of matters suggesting the existence of the statutory excuse exempting from punishment, and the appellant’s reliance on it in his defence. Its disregard thereof and the first-instance judgment’s rejection of it merely by stating that its conditions were not met because he did not inform the authorities before completion of the offence, without addressing the second case under Article 267 of the Penal Code, namely the offender’s facilitating the arrest of the remaining perpetrators even after the search for them has begun. Inadequate reasoning requiring cassation. - 394 - Criminal 5- Mitigating circumstances:-