Kuwait Court of Cassation principle number 399

The material element of the offence of assaulting a public official criminalised by Article 135 of the Penal Code is identical to that in the felony of using force, violence, or threats against him to accomplish an unlawful matter or cause him to refrain from performing an act of his office, criminalised by Article 116 of the aforementioned Code. - The mental element in the first offence—assaulting a public official. Established by the existence of general criminal intent, irrespective of motive. Its establishment in the second offence—using force, violence, or threats against a public official—requires a specific intention in addition to general intent. Its inference is a matter of fact. Disputing it requires the court to set it out with sound and sufficient substantiation. - The challenged judgment’s failure to respond to the plea based on the absence of criminal intent. Vitiates it and requires its cassation. - An example of unsound reasoning to establish the existence of criminal intent in the offence of using force and violence against public officials.