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. الاتفاق الجنائي

    Principle 289Criminal conspiracy. It is constituted by the knowing and willing agreement of two or more persons to commit a felony or misdemeanour, whether that offence is itself the object of the agreement or a means of achieving itPenal Law · Source page ٧٢
  2. Principle 290Agreement to commit an offense. Its nature. Unity of the parties' intent to commit the agreed act. For its establishment, it suffices that the trial court believed it occurred based on the circumstances and particulars oPenal Law · Source page ٧٢
  3. Principle 292Complicity by agreement is established through unity of the parties' intention to commit the agreed act. - The criminal judge is free to derive his conviction from any source he chooses, directly or by inference from thePenal Law · Source page ٧٢
  4. Principle 293Exemption from the punishment prescribed for the offence of criminal conspiracy. Its criterion. The basis thereof. Article 56, Penal Law. - 72 - Penal LawPenal Law · Source page ٧٢
  5. Principle 294Merely establishing the circumstance of premeditation against the accused. Necessitates their complicity by agreement in respect of those resolved upon the offence who did not personally commit it. - The judgment's estabPenal Law · Source page ٧٣
  6. Principle 295A crime committed through several acts by its nature or according to its execution plan. Everyone possessing the intent to contribute or the intention to intervene in it is considered a principal perpetrator with others.Penal Law · Source page ٧٣
  7. Principle 296The offense of bribery. Its elements are complete upon the mere request for it, whether the amount is paid directly to the employee or through an intermediary, and whether he has competence over the work or claims to havPenal Law · Source page ٧٣
  8. Principle 297The judgment's inference of an agreement between the appellant and the accused to beat the victim from their being together in time and place, the offense proceeding from a single motive for them, their all proceeding inPenal Law · Source page ٧٣
  9. Principle 299Commission of an offense through several acts, whether by its nature or according to its execution plan. Its consequence: a person who has the intent to contribute or the intention to intervene therein is considered a prPenal Law · Source page ٧٤

  10. الجريمة المكونة من عدة أفعال

    Principle 300Inferring the existence of criminal intent in the offence of participation in a criminal conspiracy to commit the misdemeanour of forgery of a private document. A matter of fact. - 74 - Penal Law The offence consisting oPenal Law · Source page ٧٤
  11. Principle 301An offence committed through several acts by its nature or according to its execution plan. Anyone having the intent to contribute or the intention to intervene therein. Is considered a principal perpetrator thereof fromPenal Law · Source page ٧٥
  12. Principle 302The principal perpetrator of the offence as distinguished from others. Everyone who has the intent to contribute or the intention to intervene therein, if it occurs as a result of agreement and participation, even if it Penal Law · Source page ٧٥

  13. الجرائم المرتبطة

    Principle 303A crime consisting of several acts, whether by its nature or according to its execution plan. Its effect: anyone having the intent to contribute or the intention to intervene in it is considered a principal perpetrator tPenal Law · Source page ٧٥
  14. Principle 304Similar offences committed for a single purpose in which the right infringed differs. No connection between them. The effect thereof.Penal Law · Source page ٧٥
  15. Principle 305Existence of a connection between crimes. Assessment of its existence or absence lies within the authority of the trial court, unless the facts as stated in the judgment are inconsistent with its conclusion concerning itPenal Law · Source page ٧٥

  16. اختلاق الجريمة

    Principle 307Assessment of the connection between offenses. Within the authority of the trial court. - The judgment's conclusion that there is no connection between the offenses although the facts of the summons indicate its existencPenal Law · Source page ٧٦
  17. Principle 308A police officer's taking any measure to detect offenses. Valid, provided he does not intervene in creating the offense. Example.Penal Law · Source page ٧٦

  18. التحريض على الجريمة

    Principle 309The task of police officers in detecting crimes and identifying their perpetrators. What is required for its validity. - The officer's assignment of one of his assistants to attempt to purchase narcotics is a measure intPenal Law · Source page ٧٦
  19. Principle 311The task of police officers in detecting offenses and identifying their perpetrators. What is required for its validity. - An officer's assigning one of his assistants to attempt to purchase narcotics is a procedure intePenal Law · Source page ٧٦
  20. Principle 312A police officer's use of means leading to his objective. Unobjectionable. - The officer's request that the accused contact the appellant after strong evidence supporting his accusation of a felony had become available. Penal Law · Source page ٧٧
  21. Principle 313A police officer's devising means that facilitate his objective of detecting crime. No reproach attaches to him so long as he does not intervene by his act in creating the crime through fraud, deception or incitement to Penal Law · Source page ٧٧
  22. Principle 314The officer's instructing his confidential source to purchase a narcotic from the appellant after his investigations indicated that he trafficked in narcotic substances. A lawful procedure containing nothing indicative oPenal Law · Source page ٧٧
  23. Principle 315The police officer’s task. Conducting the inquiries necessary to uncover crimes, gather information concerning them, and identify their perpetrators. Every measure he takes to that end is valid, produces its effects, andPenal Law · Source page ٧٧

  24. الكشف عن الجريمة

    Principle 316The confidential source's feigning to the person whose search was authorized a desire to purchase the narcotic already in that person's possession for the purpose of trafficking, and the incident officer's arrest and seaPenal Law · Source page ٧٨
  25. Principle 317Procedures undertaken by a police officer to detect offenses and identify their perpetrators. Their being regarded as valid and producing their effects. The condition for this. That he does not intervene by his act to crPenal Law · Source page ٧٨
  26. Principle 318The police's task of detecting offenses. Its condition. Non-intervention in creating them through fraud and deception or incitement to commit them, and so long as the offender's will remains free. An example of tracing aPenal Law · Source page ٧٨
  27. Principle 319Conducting inquiries to detect crime. Among the duties imposed upon a police officer. The effect thereof. Every measure he takes to that end is deemed valid, even if he resorts to concealment and assuming identities.Penal Law · Source page ٧٨
  28. Principle 321The police officer's task is to detect offences and their perpetrators, and every procedure he undertakes in this regard is valid and produces its effects. The condition for this. - A police officer to whom an arrest andPenal Law · Source page ٧٩
  29. Principle 322The competent physician's searching the clothing of an unconscious person immediately upon his transfer to hospital, for the purpose of finding his identification, establishing his identity and inventorying his belongingPenal Law · Source page ٧٩

  30. الجريمة المحتملة

    Principle 324Voluntary abandonment of the offence. Its condition. Assessment of the reasons preventing completion of the offence and whether or not they were voluntary. A matter of fact. The probable offencePenal Law · Source page ٧٩
  31. Principle 325The person who strikes is criminally liable for the probable consequences of the injury he caused, even if indirectly, such as through delay or negligence in treatment, unless it is established that this was deliberate iPenal Law · Source page ٧٩

  32. الجريمة المستقبلة

    Principle 326The perpetrators' execution of the offence in a manner different from that originally intended, or their commission of an offence - 79 - Penal matters other than the one intended. Its effect. Their liability for what actPenal Law · Source page ٧٩
  33. Principle 327The officer's obtaining authorization from the Public Prosecution after his inquiries indicated that the appellant was purchasing stolen cars, dismantling them, and selling them as spare parts. Its implication: the orderPenal Law · Source page ٨٠

  34. الجرائم المخلة بالشرف

    Principle 328The judgment’s rejection of the plea that the Public Prosecution’s arrest and search warrant was invalid because it was issued in respect of a future crime, on grounds consistent with that rejection. The appellants’ grouPenal Law · Source page ٨٠
  35. Principle 329The offense of issuing a cheque without funds. Is among offenses involving dishonesty. The basis thereof.Penal Law · Source page ٨٠

  36. الجريمة المستمرة والجريمة الوقتية

    Principle 330The offense of forgery. Its inclusion among offenses involving dishonesty. The continuing offense and the instantaneous offensePenal Law · Source page ٨٠

  37. ارتكاب الكويتي لجريمة خارج البلاد

    Principle 331The nature of the material act legally constituting the offense, whether positive or negative, by commission or omission. It is decisive in distinguishing an instantaneous offense from a continuing offense. - An instantaPenal Law · Source page ٨٠
  38. Principle 332A Kuwaiti's commission of a crime outside the country. The condition for punishing him upon his return. That the crime be punishable under the law of the country in which it occurred and that the foreign courts have not Penal Law · Source page ٨١

  39. أولاً: تحققها

    Principle 333A final conviction judgment issued by foreign courts. The accused's completion of the sentence: its effect. No criminal proceedings shall be initiated against him if he returns to Kuwait. - 81 - Penal - 82 - Penal Types Penal Law · Source page ٨١
  40. Principle 334Disputing the trial court's authority to weigh the elements of the case and derive its conviction therefrom. Impermissible before cassation. An example in the offence of bribery.Penal Law · Source page ٨٥
  41. Principle 335The offence of bribery. Is constituted merely by a public official's requesting or accepting a gift. The basis for this. Challenging this. Is futile.Penal Law · Source page ٨٥
  42. Principle 336The accused's offering a bribe to the witness to escape the crime of importing alcoholic beverages. Establishes the connection between the two crimes pursuant to Article 84 of the Penal Code and requires imposition of thPenal Law · Source page ٨٥
  43. Principle 337The provisions governing the offence of bribery. Their coverage of all means of trading in the acts of public office or public service. Its establishment by the official’s acceptance of a promise or gift to act or refraiPenal Law · Source page ٨٥
  44. Principle 338Apparent, non-genuine acceptance of a bribe with the aim of enabling the authorities to catch the offender in flagrante delicto. Establishes the offense of offering a bribe.Penal Law · Source page ٨٥
  45. Principle 339The purpose of the provisions criminalizing bribery. Protecting public office against any breach, tampering, or deviation. The consequence thereof. Every deviation from a duty of office or abstention from performing it iPenal Law · Source page ٨٥
  46. Principle 340Assessment of the existence of a connection between the official and the act for which he requested or accepted the bribe. A matter of fact. - 85 - Penal Provided it is reasonable.Penal Law · Source page ٨٥
  47. Principle 341The offence of bribery. When it is constituted. An example of the existence of a relationship and connection of the official enabling him to carry out the purpose intended by the bribe.Penal Law · Source page
  48. Principle 342Criminalisation of bribery. Its purpose. - The bribed official's being solely competent for the act for which the bribe amount was offered, or that act's falling within the limits of his office. Not necessary for the offPenal Law · Source page
  49. Principle 343The offence of using influence. Its two forms: requesting a promise or gift on the pretext that it is a bribe for a public official, intending to retain it. Or to use actual or alleged influence to obtain or attempt to oPenal Law · Source page
  50. Principle 344Article 36 of Law 31/1970 includes a provision punishing an official's taking a bribe after wrongfully performing or refraining from an act, as a reward and without prior agreement. A special provision that does not implPenal Law · Source page
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