Kuwait Court of Cassation principle number 127

Summary: - The crime of kidnapping with intent to commit indecent assault, criminalized by Article 180 of the Penal Code. Its establishment. - The element of deception in that crime does not require fraudulent methods amounting to deceit constituting a crime. - Criminal intent in kidnapping with intent to commit indecent assault. Its establishment. - Assessment of the existence of deception and criminal intent in the aforementioned crime is a matter of fact. Separate discussion thereof in the judgment is unnecessary. What suffices therefor. Rule: It is established in this Court’s case law that the crime of kidnapping criminalized by Article 180 of the Penal Code is established by removing the victim from the place from which he was kidnapped by one of the methods specified therein, including deception, with intent to commit any of the acts mentioned therein, including indecent assault upon him. The element of deception does not require the use of fraudulent methods amounting to deceit within the meaning of the second paragraph of Article 231 of the aforementioned Code, constituting the crime of fraud. Criminal intent in that crime is established where the perpetrator’s will is directed towards removing the victim from his family members entitled to care for him and seriously severing his connection with them with intent to commit indecent assault upon him. Assessment of the existence of deception and criminal intent is a factual matter determined by the trial court, provided that its inference is sound and has an established basis in the papers. The law does not require the judgment to discuss criminal intent separately, so long as the facts and circumstances it states sufficiently indicate it. What the judgment established—in the foregoing context—therefore establishes all the legal elements of kidnapping by deception with intent to commit indecent assault as defined by law, and the appellants’ complaint in this regard is incorrect.