Kuwait Court of Cassation principle number 345

The official’s acceptance of a gift for performing an act or refraining from performing it is the material act constituting the two offences stipulated in Articles 35/1 and 118/1 of Law 31/1970. The point - 86 - Penal matters of difference between the two offences is the existence of a prior agreement to perform the act in return for the gift, or to refrain, or the absence of that agreement, as it constitutes an aggravating circumstance in the first.