Kuwait Court of Cassation principle number 315

The police officer’s task. Conducting the inquiries necessary to uncover crimes, gather information concerning them, and identify their perpetrators. Every measure he takes to that end is valid, produces its effects, and does not contravene the law, provided that he has not intervened in creating the crime through fraud, deception, or incitement to commit it, and the accused’s will has remained free and has not been extinguished. The police officer’s devising, within those limits, means that facilitate his purpose and do not conflict with community morals. No reproach attaches to him. Basis thereof. - The appellant’s acceptance of selling the narcotic to the confidential source and offering it to him of his own unilateral will and choice, for him to purchase it at the price he set and at the time and place he specified, and the confidential source’s feigning a desire to purchase. Its import: the crime did not occur through incitement by the officer, he did not create its idea in - 77 - Penal matters the appellant’s mind, and the pretence did not go beyond the purpose of uncovering the crime and securing the apprehension of its perpetrator. The ground of challenge in this regard has no place.