Kuwait Court of Cassation principle number 138

Summary: - The offense of bribery and its establishment on the part of a public official or a person treated as such. Its criterion. Article 35 of Law No. 31 of 1970 amending certain provisions of the Penal Code. - The purpose of holding the perpetrator of bribery accountable even on the basis of claimed competence. What suffices in this case. - A claim of competence. Established even if the public official does not expressly state it. Rule: In bribery offenses, the purpose of soliciting the bribe must be for the official to perform or refrain from an act of his office, or an act that the official claims falls within his competence. The apparent wording and clear language of Article 35 of Law No. 31 of 1970 amending certain provisions of the Penal Code indicate that the offense of bribery is established on the part of a public official or a person treated as such who accepts or requests a promise or gift to perform or refrain from an act of his office, even if it is rightful. The offense is also established in his respect even if the act falls outside the scope of his office or he falsely claims that. The legislature adopted the provision with the aim of curbing wrongdoers by expanding the meaning of bribery to encompass public officials and persons treated as such who exploit their office to obtain a prohibited benefit through it, even on the basis of alleged competence. To hold the offender accountable on this basis, it suffices that the official claims that the act for whose performance or omission he requests payment falls within the duties of his office. A claim here is a mere assertion, without any requirement that it be accompanied by fraudulent elements or means. All that is required in this respect is that the claim actually emanate from the official, without this affecting the victim’s belief in that alleged competence. It is established that a claim of competence exists even if the public official does not expressly state it. The official’s mere expression of willingness to perform or refrain from an act outside his competence suffices, because this implicitly signifies his claim to that competence or to having a share in it.