Kuwait Court of Cassation principle number 143

Summary: - The material element of the offense of adultery. Actual intercourse with a woman vaginally by penetration with the male organ. - Criminal intent in the offense of adultery. Established by the offender’s knowledge and will being directed toward committing the act while knowing that he is married to another woman. The challenged judgment’s statement of this precludes the allegation of inadequate reasoning. Rule: The material element of the offense of adultery provided for in Article 195 of the Penal Code is established by actual intercourse with—a woman—vaginally by penetration with the male organ. Criminal intent in that offense is also established by the offender’s knowledge and will being directed toward committing the act while knowing that he is married to another woman. The judgment’s statement—in the foregoing context—that the first appellant—who is married to another woman—had a sexual relationship with the second appellant establishes all the legal elements of the offense of adultery of which it convicted the first appellant. Accordingly, the allegation of inadequate reasoning is precluded, and what the first appellant raises in this respect is unfounded.