Kuwait Court of Cassation principle number 205

The material element of the offence of assaulting a public official, criminalised under Article 135 of the Penal Code, is the same as that of the felony of using force, violence or threats against him to procure an unlawful matter or to prevent him from performing an act of his office, criminalised under Article 116 of the Penal Code. - The mental element of the first offence—assaulting a public official—is established by the existence of general criminal intent, irrespective of motive. It is established in the second offence—using force, violence or threats against a public official—by the existence of a specific intent in addition to general intent. Its inference is a matter of fact. A dispute concerning it requires the court to set it out with sound and sufficient reasoning. - The challenged judgment's failure to respond to the defence based on the absence of criminal intent. It vitiates it, requiring its cassation. - An example of unsound reasoning to demonstrate the existence of criminal intent in the offence of using force and violence against public officials. - Conditional intent: