المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Penal Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,524 available principles

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  1. أ- الركن المادي (الاختلاس)

    Principle 689The appellant's objection that none of the stolen property was found in another female defendant's residence. Unavailing so long as the judgment established that it was found in his residence.Penal Law · Source page ١٩٦
  2. Principle 690The court’s conviction. Is based on purposes and meanings, not words and forms. - The court’s reliance on a presumption expressly and directly indicating what it inferred from it. Not necessary for the validity of the juPenal Law · Source page ١٩٦

  3. ب- الركن المعنوي (القصد الجنائي)

    Principle 691No particular method is required to prove the offense of theft, nor is the thief required to retain the stolen items in his possession for the element of taking to be present therein.. - The appellant's contention that tPenal Law · Source page ١٩٦
  4. Principle 692Criminal intent in the offence of theft. What suffices to establish it. The judgment addressing it expressly and separately. Unnecessary, so long as its existence can be inferred from the incident it established.Penal Law · Source page ١٩٧
  5. Principle 693Criminal intent in the offence of theft. The criterion for its establishment. The judgment's finding against the two appellants that they stole sheep owned by the victim through the use of violence. The challenge alleginPenal Law · Source page ١٩٧
  6. Principle 694Criminal intent in the offense criminalized under Article 228 of the Penal Code. Its establishment: by the perpetrator proceeding to commit it knowing that he is forcibly taking property to which he has no legal right, bPenal Law · Source page ١٩٧
  7. Principle 695The offence of theft. Requires specific criminal intent. The nature of this intent. Ascertaining this intent. Within the trial court’s authority.Penal Law · Source page ١٩٧
  8. Principle 696Criminal intent in the offence of attempted theft. When it exists. The judgment's addressing it expressly and separately. Not necessary so long as its existence is inferred from the facts established by the judgment. - 1Penal Law · Source page ١٩٧
  9. Principle 697Theft is among the offences for which the law requires a specific intent, namely the intent to steal. - Although the adequacy of the reasoning of a judgment of conviction does not require it to address the intent to steaPenal Law · Source page ١٩٨

  10. ج - الظروف المشددة

    Principle 698Criminal intent in theft is the offender's knowledge, at the time of committing the act, that he is taking movable property belonging to another without its owner's consent, intending to appropriate it. - Separate discusPenal Law · Source page ١٩٨
  11. Principle 699The aggravating circumstance for the theft offence criminalized by Article 222 of the Penal Code. Its instances. Example concerning the existence of aggravating circumstances in a theft offence committed by breaking the Penal Law · Source page ١٩٨
  12. Principle 700The judgment's establishment that the appellants seized the victim's money after wrapping the ghutra around his neck and pulling its two ends to overcome his resistance establishes the offence of theft with coercion. ThePenal Law · Source page ١٩٨
  13. Principle 702Violence in theft. How and when it is established. A separate discussion in the judgment of the element of violence in theft is unnecessary, so long as its components disclose its existence. - 198 - CriminalPenal Law · Source page ١٩٨
  14. Principle 703Theft from a car by breaking its window establishes the aggravating circumstance prescribed in Article 222/1, Second, of the Penal Code.Penal Law · Source page ١٩٩
  15. Principle 704Confining or detaining the victim against his will during the theft. Coercion. Establishes the offence provided for in Article 225 of the Penal Code.Penal Law · Source page ١٩٩
  16. Principle 705Coercion. An objective circumstance applicable to all participants in the offense of theft, even if committed by one of them.Penal Law · Source page ١٩٩
  17. Principle 706The victim's removal of the obstacles placed by the owner to bar the thief's way through the container or secure receptacle containing the stolen thing. An aggravating circumstance in theft. The reason therefor. - A secuPenal Law · Source page ١٩٩
  18. Principle 707The aggravating circumstance prescribed in Article 222/1 of the Penal Code is present whenever the stolen thing was secured by any means of safeguarding it. Example. Concerning the theft of a car telephone.Penal Law · Source page ١٩٩
  19. Principle 708Coercion. Its nature and the general rule concerning it. - The violence required in the offence of theft provided for in Article 225 of the Penal Code. - 199 - Criminal Law. The account of the incident adopted by the judPenal Law · Source page ١٩٩
  20. Principle 709The judgment's imposing a penalty within the range prescribed for theft by breaking a container or secured enclosure, without the circumstance of nighttime. The perpetrator's disputing the proof of that circumstance. InePenal Law · Source page ٢٠٠
  21. Principle 711Coercion in theft. Its establishment: through the offender's use of any coercive means against persons to disable or eliminate their power of resistance in order to facilitate the theft or enable the offender to escape wPenal Law · Source page ٢٠٠
  22. Principle 712The violence establishing the offence of theft under Article 225 of the Penal Code consists in its use or the threat of its use with the intention of overcoming the resistance of the victim or another to enable the offenPenal Law · Source page ٢٠٠

  23. د- المال المتروك

    Principle 714The 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 Penal Law · Source page ٢٠١

  24. ذ- أثر العفو على الجريمة

    Principle 715The offence of theft. Completed by taking the stolen thing so as to remove it from its owner's possession and place it in the thief's grasp and at his disposal. - Criminal intent in theft exists where the offender knows,Penal Law · Source page ٢٠٢
  25. Principle 716Pardon in the offence of theft committed by persons other than the victim’s ascendants or descendants. There is no scope for it. The basis for this. The offences specified in Article 240 of the Criminal Procedure Code, iPenal Law · Source page ٢٠٢
  26. Principle 717A waiver issued by the victim in an offence of theft committed by someone other than the victim's ascendants, descendants, or spouse, and possession and keeping of firearms without a licence. Without effect. The reason fPenal Law · Source page ٢٠٢

  27. ر: الاختصاص بنظر الجريمة

    Principle 718The appellant's challenge concerning the female victim's waiver of her rights against him. Misplaced. So long as the judgment convicted him of theft at night using violence and false keys with multiple perpetrators, whicPenal Law · Source page ٢٠٢
  28. Principle 719Proof that the theft occurred in Kuwait. Its effect: the jurisdiction of Kuwait's courts to try the appellant for it. Article 11 of the Penal Code. Seizure of the stolen property outside Kuwait. Has no effect in that regPenal Law · Source page ٢٠٣

  29. (المادتين ٤٩، ٥٥)

    Principle 720Subject-matter jurisdiction. The criterion for determining it: the legal characterization of the incident as charged in the proceedings, not the type of penalty imposed by the judge. Example of a plea that the Criminal CPenal Law · Source page ٢٠٣
  30. Principle 721The perpetrator's physical possession of the stolen property. Unnecessary for establishing the offence of concealing a stolen thing. It suffices that he exercises control over it, even if it is not in his actual possessiPenal Law · Source page ٢٠٣
  31. Principle 722Knowledge in the offence of concealing stolen things. A mental matter. Its inference is a matter of fact. The judgment addressing it expressly and separately. Unnecessary, so long as the facts indicate its existence. DisPenal Law · Source page ٢٠٤

  32. (المادة ٢٢٨)

    Principle 723The element of knowledge in the offence of concealing things obtained from a theft offence. Its nature. - The judgment need not address knowledge in that offence expressly and separately, so long as the facts it establisPenal Law · Source page ٢٠٤
  33. Principle 724The threat provided for in Article 228 of the Penal Code. What suffices for it. That which would frighten the victim into handing over the property demanded of him.Penal Law · Source page ٢٠٤
  34. Principle 725The judgment's setting out, through sound reasoning, the existence of the elements of the offence of extortion and its establishment against the appellant. Sufficient to answer the defence denying it. Challenging it in tPenal Law · Source page ٢٠٤
  35. Principle 726The appellant's contention that the elements of breach of trust are absent and that it has not been established against him. Of no avail so long as the judgment regarded it as connected with the offence of extorting anotPenal Law · Source page ٢٠٤

  36. (المادة ٢٢٩)

    Principle 727The offence of extorting another's property criminalized by Article 228/1, 3 of the Penal Code. Its completion. By the offender accusing the victim or another before the competent authorities of committing an offence, orPenal Law · Source page ٢٠٥
  37. Principle 728The offence of extorting instruments. The criterion for its establishment. Physical or moral coercion inflicted on the victim of such a nature as to impair his freedom of choice. - The absence from the papers of evidencePenal Law · Source page ٢٠٥

  38. (المواد ٢٣١: ٢٣٦)

    Principle 729The offense of extorting an instrument. For its establishment, it is immaterial whether the particulars of the instrument were written before or after coercion to sign them. An example of sound reasoning establishing thePenal Law · Source page ٢٠٥
  39. Principle 731The offence of using influence. Its two forms: requesting a promise or gift on the pretext that it is a bribe for a public official, with the intention of retaining it. Or to use real or purported influence to obtain or Penal Law · Source page ٢٠٦
  40. Principle 732The perpetrator's assumption of a false capacity as the person entitled to withdraw from the customer's account, which induced the bank to deliver the money to him through its automated machine. Its sufficiency to constiPenal Law · Source page ٢٠٦
  41. Principle 733The offence of fraud by employing fraudulent methods. They must be such as to deceive the victim and engender in him a belief in the truth of what the accused claims.Penal Law · Source page ٢٠٦
  42. Principle 734The offence of fraud. Committed through the perpetrator's defrauding the victim to induce him to hand over property in his possession by employing fraudulent methods. Fraudulent methods. Their nature. Article 231 of the Penal Law · Source page
  43. Principle 735The offences of forgery and fraud. The law has not prescribed a particular means of proving them. - The trial court may rely on the statements of one accused against another at any stage of the investigation, whenever itPenal Law · Source page
  44. Principle 737Deception in the offence of fraud. Deceit practised by the perpetrator upon the victim to induce the victim to deliver property in the victim’s possession through the use of fraudulent methods. - Fraudulent methods. WhatPenal Law · Source page
  45. Principle 740A cheque. Its function. An instrument of payment, not credit. Its bearing a date of creation and another of maturity does not convert it into an instrument of credit. The reason for this. A cheque’s bearing two dates doePenal Law · Source page
  46. Principle 741A cheque is an instrument of payment that functions as money in transactions. The effect of this. It is payable on sight. - The elements of the cheque offence:- A- The material element:Penal Law · Source page
  47. Principle 744The offence of giving a cheque without funds available for payment and disposal. When it is established. The existence of funds when the cheque is issued is insufficient. They must remain available until the cheque is prPenal Law · Source page
  48. Principle 745A cheque is, in principle, an instrument of payment. The drawer's assertion otherwise. Its effect. He bears the burden of proving what he asserts. - Payment of the debt. Its meaning.Penal Law · Source page
  49. Principle 746A cheque bearing two signatures of two different persons. Its import. Both are considered responsible for the offence of issuing a cheque as drawers.Penal Law · Source page
  50. Principle 747Where the power of attorney issued to the agent of the cheque's endorsee does not include authorization for the agent to waive rights or grant a discharge, it is not valid evidence of the accused's discharge from liabiliPenal Law · Source page
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