Kuwait Court of Cassation principle number 714

The violence establishing the offence of theft provided for in Article 225 of the Penal Code. Its establishment. By its use or the threat of its use with the intention of overcoming the victim's resistance to enable the perpetrator to commit his offence or escape with the stolen property. - Confining or detaining the victim during the theft against his will is considered a form of coercion. - The challenged judgment stating that the respondent detained the victim in his car after deceiving him into believing that he was a police officer and ordered him to hand over his mobile phone and wallet during the detention, whereupon he handed them over. The judgment concluding that the element of threatening violence with the intention of overcoming the victim's resistance was absent, on the grounds that the respondent had not assaulted the victim and had not used any degree of violence or coercion against him, and the court's amendment of the characterization of the first charge to fraud instead of theft by threatening the use of violence, convicting him thereof and of the second and third charges, and imposing the penalty for the first, more serious offence. An error in the interpretation of the law requiring its cassation. - 201 - Penal Law d- Abandoned property:-