Kuwait Court of Cassation principle number 798

The offense of forgery of bank documents. The prerequisite for its establishment. The perpetrator's deliberate alteration of the truth in the document with the intention of using it for the purpose for which the truth was altered establishes criminal intent. Motive. Has no relevance. The judgment's expressly and separately addressing the elements of the offense. Is unnecessary, provided that its reasons contain what indicates them. - The appellant's drawing up a bank declaration that he had lost a cheque—contrary to the truth—and requesting its cancellation and the drawing up of another in its place. The bank employee's approval of this declaration and stamping it with the bank's seal. Makes it a bank document. Issuance to the appellant of another cheque in replacement of the lost one and payment of its value, followed by his collection, through a relative of his—an endorsee—of the value of the first cheque—which he claimed to have lost—from the bank's account. Establishes the offense of forgery of bank documents. This is not altered by the appellant's contention concerning the bank's error in paying the value of the cheque reported lost. The reason therefor. The error—assuming it occurred—has no effect on the establishment of the offense of forgery and criminal liability. - The penalty for the cheque offense:-