المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. (المادة ٢٦١)

    Principle 976The offence of using a document that has lost its legal force. What is required for its material element to exist. The perpetrator's performing a positive act in which he uses the document and relies on what is recorded Penal Law · Source page ٢٦٤
  2. Principle 977Criminal intent in the offence of using an instrument that has lost its legal force. Its establishment. The offender must know that the instrument he uses has lost its legal force for one of the reasons referred to in ArPenal Law · Source page ٢٦٤
  3. Principle 978Criminal intent in the offence of using a document that has lost its legal force. Established where the offender knows that the document he is using has lost its legal force for one of the reasons prescribed in Article 2Penal Law · Source page ٢٦٤
  4. Principle 979The material element in the offence of using a document that has lost its legal force. Is use. Its nature: the offender’s performance - 264 - Penal of a positive act by which he uses the document that has lost its legal Penal Law · Source page ٢٦٤

  5. (المواد ٢٦٣: ٢٧٣)

    Principle 980Criminal intent in the offence of forging official documents. Its establishment. - Criminal intent in the offence of using a document that has lost its legal force. Its nature. - Assessment of the existence of criminal iPenal Law · Source page ٢٦٥
  6. Principle 981The offence of counterfeiting or forging banknotes. The criterion for its establishment. Assessment of criminal intent therein. A matter for the trial court.Penal Law · Source page ٢٦٦
  7. Principle 983The offence of bringing counterfeit banknotes into the country with knowledge that they are counterfeit. The statutory excuse exempting from punishment provided in Article 67 of the Penal Code applies to it. The basis foPenal Law · Source page ٢٦٦
  8. Principle 984The offence of bringing a counterfeit or forged banknote into the country with knowledge thereof. The mere occurrence of the act of bringing it in suffices to establish it. Its association with an intention to circulate Penal Law · Source page ٢٦٦

  9. (المواد ٢٧٤ : ٢٨٠)

    Principle 985The offence of circulating counterfeit or forged paper currency provided for in Article 264 of the Penal Code. The criterion for its establishment: where the perpetrator puts the counterfeit or forged currency into circuPenal Law · Source page ٢٦٦
  10. Principle 986The offence of counterfeiting a seal. The determining factor in its establishment is the points of similarity, not the points of difference, between the genuine seal and the counterfeit seal. Example.Penal Law · Source page ٢٦٧

  11. (المادة ٢٦٢)

    Principle 987The offence of unlawfully obtaining the seal of the State, a government department, or a public official. When it is established. Harmful use of the seal in that offence. When it is established. Actual harm resulting froPenal Law · Source page ٢٦٧
  12. Principle 988The offence of obtaining by trickery a paper signed in blank. Art. 262, Penal Code. Establishment of its material and mental elements: through the offender's undertaking any positive activity capable of obtaining a paperPenal Law · Source page ٢٦٨

  13. (المادة ١٧٣)

    Principle 989The offence of obtaining a paper signed in blank which was not delivered to the offender, criminalized by Article 262/Second of the Penal Code. Its establishment. - Assessment of the existence or absence of criminal intePenal Law · Source page ٢٦٨

  14. (المواد ١ : ٢٢)

    Principle 990The offence of threatening to inflict harm on a person, criminalized by Article 173/1 of the Penal Code. Its establishment depends upon the offender committing an act, by any means, conveying a threat to inflict harm upoPenal Law · Source page ٢٦٨
  15. Principle 991The Iraqi Popular Army is not considered part of the Iraqi armed forces. Its true nature: an armed popular organisation established by the enemy with the intention of assisting it. The effect thereof. Those joining it faPenal Law · Source page ٢٦٩
  16. Principle 992Assessment of the existence of criminal intent. A question of fact. The trial court has exclusive authority to decide it. Voluntarily joining the Popular Army during the Iraqi occupation of Kuwait. Establishes criminal iPenal Law · Source page ٢٦٩
  17. Principle 993The offences of participating in measures to weaken morale, aiding the enemy, or joining a group whose purposes include destroying the fundamental systems of society. Criminal intent therein. What is required for its exiPenal Law · Source page ٢٦٩
  18. Principle 994The offence of intervening in the enemy's interest in measures to weaken the people's morale. Criminal intent therein.Penal Law · Source page ٢٧٠

  19. السعي لدى دولة أجنبية أو التخابر معها

    Principle 995The material element of the offence of participation in a scheme in the enemy's interest prescribed in Article 6/a of Law 31 of 1970. Its establishment: by any activity, whatever its kind or extent, through which the offPenal Law · Source page ٢٧٠
  20. Principle 996The material element of the offence of communicating with a foreign state to assist it in its military operations or to harm the military operations of the State of Kuwait. Does not exist if the foreign state had alreadyPenal Law · Source page ٢٧٠
  21. Principle 997The offence of seeking contact or communicating with a foreign state. When it is established. - Criminal intent in that offence. When it is established. - 270 - Criminal LawPenal Law · Source page ٢٧٠
  22. Principle 998The offence of acting on behalf of a hostile foreign state or communicating with it. What is required for its material and mental elements to be established. - Criminal intent in this offence. Assessment of its existencePenal Law · Source page ٢٧١

  23. إعانة العدو

    Principle 999The mental element of the offence of making approaches to a foreign state or communicating clandestinely with it. The prerequisite for its establishment. Criminal intent therein is established by the perpetrator's knowlePenal Law · Source page ٢٧١
  24. Principle 1000The felony of aiding the enemy. Arts. 6,7, Law 31/1971. Specific intent therein. Must be proved. - The absence from the papers of anything indicating that the accused supplied enemy forces with provisions or food, or thaPenal Law · Source page ٢٧١

  25. مقاطعة إسرائيل

    Principle 1001Joining the Iraqi Popular Army with knowledge of its military objectives. Its sufficiency to establish the intent to assist the hostile State of Iraq in its military operations against the State of Kuwait, even if joininPenal Law · Source page ٢٧١
  26. Principle 1002Issuance of regulations implementing laws. Within the competence of the executive authority. - The decision of the supervisor of Israel boycott affairs prohibiting dealings with the boycotted company supplements the BoycPenal Law · Source page ٢٧٢

  27. القيام بعمل عدائي ضد دولة أجنبية

    Principle 1003The decision issued by the boycott supervisor that the offences attributed to the accused did not occur, by removing the company with which he dealt from the blacklist after the cessation of the circumstance that promptePenal Law · Source page ٢٧٢
  28. Principle 1004The material element of the offence of organizing associations, groups or bodies for the purpose of working to disseminate principles aimed at demolishing the fundamental systems by unlawful means or overthrowing by forcPenal Law · Source page ٢٧٢
  29. Principle 1005Assessing the existence of the elements of the offence of attempting, without permission from the government, to carry out a hostile act against a foreign state. A matter of fact. The condition for this. - The material ePenal Law · Source page ٢٧٣

  30. إذاعة أخبار وبيانات كاذبة

    Principle 1006The material element of the offence of committing a hostile act against a foreign state. Its nature. - Mustering troops is a statutory example of a hostile act capable of exposing Kuwait to the risk of war or severance oPenal Law · Source page ٢٧٣

  31. التعذيب

    Principle 1007The material element in the offence of broadcasting false news and statements. What is required for its establishment. - Criminal intent in that offence. What is necessary for its establishment. (2) Unlawful assembly 1- Penal Law · Source page ٢٧٥

  32. أولاً: المال العام

    Principle 1008The offence of detention accompanied by torture is not among the offences in which reconciliation or an individual pardon by the victim is permissible. Basis thereof. - 275 - Criminal Law - 276 - Criminal Law Offences AgPenal Law · Source page ٢٧٥
  33. Principle 1009The scope of Article 44 of Law 31 of 1970 encompasses everything the official may have received by reason of his office. Whether possession of the thing embezzled is lawful or prohibited. Immaterial. So long as the embezPenal Law · Source page ٢٧٩
  34. Principle 1010The meaning of the word "property" in relation to unlawfully appropriating State property. Papers constitute property when they have value.Penal Law · Source page ٢٧٩
  35. Principle 1011The offence of unlawful misappropriation of State property. The nature of the property constituting the subject matter of this offence.Penal Law · Source page ٢٧٩
  36. Principle 1012Law 1 of 1993 concerning the Protection of Public Funds. Its scope of application. - Public funds in the application of this Law. Their meaning. - The State’s contribution of 15% of the capital of the commercial bank at Penal Law · Source page ٢٧٩
  37. Principle 1013Property acquiring public status. How: either directly, through its ownership by the State or a public authority or institution, or through any of them contributing 25% of the capital of any company or establishment, or Penal Law · Source page ٢٧٩
  38. Principle 1014An item's being in the custody of one of the entities referred to in Article 2 of Law 1 of 1993 concerning the protection of public funds. Sufficient to confer upon it the character of public property. Example: the vehicPenal Law · Source page ٢٨٠
  39. Principle 1015Property acquires public status directly or indirectly. Article 2 of Law 1/1993 concerning the Protection of Public Funds. - The direct form: applies to property owned by the State, public authorities, public institutionPenal Law · Source page ٢٨٠

  40. ثانياً: الموظف العام

    Principle 1016Property acquires public character directly if owned by the State or public authorities and public institutions, as well as companies and establishments in which the State and public authorities and institutions hold notPenal Law · Source page ٢٨٠
  41. Principle 1017A person entrusted with a service is someone who is not a public official or employee. But who has been entrusted with a public service by someone having the power to make the assignment. Example.Penal Law · Source page ٢٨١
  42. Principle 1018The embezzled thing being in the custody of the employee to whom it was entrusted. Not necessary for the criminalization of embezzlement.Penal Law · Source page
  43. Principle 1019The offence of unlawful exaction. Its criterion. That the public official be competent to collect sums due to the State, or that this be among the requirements of his office or entrusted to him. - An official collecting Penal Law · Source page
  44. Principle 1020The two offences of unlawful exaction and bribery. The criterion distinguishing them is the basis of collection by which the official justifies his receipt of money in each of them. - 281 - Penal mattersPenal Law · Source page
  45. Principle 1021The crime of embezzlement. When its legal elements are established in respect of a public official and persons treated as such.Penal Law · Source page
  46. Principle 1022The offence of appropriation provided for in Article 10/1 of Law 1 of 1993 concerning the Protection of Public Funds. Its establishment: by a public official unlawfully appropriating state property and removing it from tPenal Law · Source page
  47. Principle 1023The offense of embezzlement of public funds. It is established whenever the embezzled property—whether owned by the State or by an individual—has been entrusted to a public employee or a person deemed equivalent thereto,Penal Law · Source page
  48. Principle 1025The offence of embezzlement. The criterion for its establishment. - The appellant being merely a guard at a post office containing public officials. His commission of the act attributed to him without their knowledge. ItPenal Law · Source page
  49. Principle 1026Criminalisation of embezzlement. Its criterion: the embezzled property being in the official’s hands by virtue of his office. - Example of reasoning free from defect in considering the receipt of property to be outside tPenal Law · Source page
  50. Principle 1028Participants in the offence of embezzlement or misappropriation. Jointly and severally liable for payment of the amount embezzled or misappropriated and for payment of a fine equal to it.Penal Law · Source page
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