Kuwait Court of Cassation principle number 505

The physical act constituting the mental element in the offence of kidnapping. Established by the offender removing the victim from the place intended for him by those under whose care he is and deliberately severing his connection with him in a serious manner, whatever his purpose. Article 179/1, Penal Code. - The female custodian's leaving the child in custody at the appellant's home while travelling abroad, and the latter's refusing to allow her to see him or to hand him over to her, refraining from executing the final custody judgment issued in her favour, and transferring the child to another place. Establishes the material element of the offence of kidnapping a minor. - Denying the accusation on the basis that another committed the offence. A substantive defence. The response thereto is implicit in the evidence of guilt cited by the judgment.