Kuwait Court of Cassation principle number 149

Summary: - The crime of issuing a cheque without existing and disposable funds to cover payment. A misdemeanour. Law 84 of 2003 amending certain provisions of Law 16 of 1960 promulgating the Penal Code. Its consequence: a judgment rendered therein may not be challenged by cassation. - The Public Prosecution’s allegation against the female appellant that she issued, in bad faith, 2 cheques to the victim without existing and disposable funds to cover payment. Her being a repeat offender. A cassation appeal is permissible. Reason: the penalty therein may reach a penalty prescribed for felonies. Rule: Law No. 84 of 2003 amending certain provisions of Law No. 16 of 1960 promulgating the Penal Code—which took effect from the date of its publication in the Official Gazette on 14/12/2003—made the crime of issuing a cheque without existing and disposable funds to cover payment a misdemeanour, after it had been a felony, with the consequence that a judgment rendered therein could not be challenged by cassation. However, the present proceedings were instituted by the Public Prosecution against the female appellant on the description that she issued, in bad faith, to the order of the victim, 2 cheques without existing and disposable funds to cover payment—while being a repeat offender—and requested that she be punished under Articles 86 and 237/1–a–3 of the Penal Code, the latter replaced, except for its final paragraph, by Article 1 of Law No. 84 of 2003 amending the Penal Code. On the facts thus described, the court may sentence her to more than the maximum prescribed by law, provided that this maximum is not exceeded by more than half, pursuant to the aforementioned Article 86. The penalty that may be imposed thus reaches imprisonment for a term that may extend to 4 and a half years, which is among the penalties prescribed for felonies. Accordingly, a cassation appeal against the judgment rendered therein is permissible.