Kuwait Court of Cassation principle number 331

The nature of the material act legally constituting the offense, whether positive or negative, by commission or omission. It is decisive in distinguishing an instantaneous offense from a continuing offense. - An instantaneous offense is completed and ends upon performance of the act. A continuing offense exists where the criminal state continues for a period of time. - 80 - Penal - Continuity is the offender's will intervening in the punishable act through successive, renewed intervention. No account is taken of the time preceding that act in preparation and readiness for its commission, or of the time following it during which its criminal effects persist. - The offense of concealing a fact or transaction with intent to evade repayment of indebtedness to the State. A continuing negative offense renewed through intervention of the offender's will and, on the other hand, a positive offense subsisting so long as the state of continuity created by the accused's will or in whose renewal it intervenes remains, and the State's right to claim that indebtedness remains in existence. The effect thereof: the accused remains a perpetrator of the offense at all times and is liable to punishment. The condition thereof: that the state of continuity subsists. - The limitation period for the offense of evading repayment of indebtedness does not begin so long as the evasion continues. Limitation begins from the date on which the state of continuity ends. - The challenged judgment's ruling that the criminal proceedings for evading repayment of indebtedness to the State had lapsed by passage of time, without examining whether or not the respondent had discharged his indebtedness to the State. A violation of the law requiring its cassation. Commission by a Kuwaiti of an offense outside the country