Kuwait Court of Cassation principle number 796

The offense of forgery of bank documents. It is constituted by fraudulently altering the truth in those documents by the means specified by law. - The legally recognized intent of the drawer of a check. It is established only by his genuine signature approved by the bank or the personal signature of a person authorized by him; otherwise, the bank shall refrain from approving it and paying its value. - An unknown person's signature on the checks and the two transfer orders in the victim's name constitutes the offense of forgery of those documents. This is not altered by the appellants' assertion that the unknown person's signature expressed the victim's intent, so long as it has no factual or legal basis. The first appellant's allegation that they were issued as an expression of his intent in his capacity as an authorized agent of the victim and thus constitute an expression of the latter's intent. Ineffectual, so long as the agent did not sign in his own name and capacity and did not disclose this until after the agency had ended upon the victim's death. The judgment's failure to respond to this defense. Does not vitiate it. Rationale thereof. - Criticizing the judgment for failing to respond to the appellant's defense that he had no need to forge the victim's signature because he was authorized to sign the instruments forming the subject of the charge. A defense refuted by the fact that he agreed with an unknown person to forge the signature to avoid responsibility for the validity of the disposition had he undertaken it as the victim's agent. Failure to respond to it. Does not vitiate the judgment.