Kuwait Court of Cassation principle number 371

The offence of bribing a public official or a person treated as such. Its material element: that the briber offer a promise or a gift to a public official or a person treated as such to perform an act or refrain from an act in breach of the duties of his office. - Criminal intent in bribery. Its establishment. Through the briber's intention being directed towards buying the integrity of the public official. The consequence thereof: the perpetrator must commit his act with actual knowledge of the existence of a public official or - 92 - Penal Law a person treated as such, and of an actual or alleged act, or an act based on a mistaken belief, of that official, which he is desired to perform or refrain from. - The challenged judgment's finding that the appellant gave an unknown person inside the Central Prison a sum of money as a bribe in return for facilitating his escape from prison does not establish the offence of bribing a public official or a person treated as such with its legal elements. The reason therefor: the absence of the notion of the existence of a known public official or a person treated as such. Convicting the appellant contrary to this view. An error in applying the law requiring its cassation. - Cassation of the judgment on one charge requires its cassation in respect of other charges connected therewith. Third: The public official in the offence of bribery: