Kuwait Court of Cassation principle number 16

Substitution of the misdemeanour penalty stipulated in Article 20/2 of Law 1/1993 concerning the protection of public funds for the felony penalty prescribed for the offence of unlawfully appropriating public funds, namely life or fixed-term imprisonment, dismissal from office, restitution and a proportional fine, Articles 10, 16 of the same Law. - 11 - Penal Law - The challenged judgment’s ordering the respondent to return the appropriated funds and upholding the appealed judgment insofar as it imposed a proportional fine upon him, despite applying Article 20/2 of Law 1/1993. An error in applying the law. Its effect: intervention by the Court of Cassation of its own motion in favour of the respondent by partially quashing the judgment and correcting the error by cancelling the penalties of restitution and the proportional fine. - The Public Prosecution’s challenge to the judgment for leaving the restitution penalty unspecified and erring in it. Becomes—after its correction—devoid of subject matter.