Kuwait Court of Cassation principle number 286

A judgment of conviction must contain a statement of the act warranting punishment, the circumstances in which it occurred and the evidence from which the court deduced that its occurrence was established. The reason for this. - The offence of misappropriation provided for in Article 10 of Law 1 of 1993 concerning Protection of Public Funds. The criterion for its establishment: misappropriation by a public official, employee or worker in an entity, institution or company in which the State's contribution is not less than 25% of its capital, or facilitating this for another, even if the latter is not employed therein, irrespective of the competence affording him access to the funds misappropriated. - Criminal intent in the offence of misappropriation. Established by the perpetrator's will being directed towards misappropriating public funds with the intention of taking ownership of them. - 70 - Penal Law - Complicity by agreement. The criterion for its establishment. - Assistance in an offence. Effected by any means through which the accomplice knowingly assists the principal perpetrator in acts preparatory to the offence. - Complicity by agreement or assistance in an offence. Its establishment pursuant to Article 48 of the Penal Code. By its completion before the offence occurs or by the occurrence of the offence being the fruit of such complicity. The court must set out facts and circumstances sufficient to demonstrate its existence. - The challenged judgment confines itself to stating the incident and adducing evidence establishing it, without setting out the details of the facts of the case, their circumstances and how they occurred, the acts performed by the appellant and his role in committing the incident, and the elements of complicity in the offence and the extent to which they are legally established against him. Inadequate reasoning requiring its cassation in respect of the appellant, the appellant whose appeal was ruled to have lapsed, and the other convicted persons. The reason for this.