Kuwait Court of Cassation principle number 162

Summary: - Mitigating circumstances. Their effect on punishment. Its scope. - The criterion for imposing dismissal from office in cases where legally permissible is that the person sentenced to dismissal committed the offence while holding office. His continued tenure until judgment or the end of his service. Not necessary. The reason for this. Rule: It is established that, as a general rule, mitigating circumstances have an effect only on principal penalties, not on ancillary or supplementary penalties, including dismissal, restitution, and proportional fines. Accordingly, Article 81 of the Penal Code may not be applied to the provisions of Article 16 of Law No. 1 of 1993 concerning Public Funds, which provides that: “In addition to the penalties prescribed for the offences mentioned in Articles 9, 10, 11, 12, the offender shall be sentenced to dismissal and restitution with a fine equivalent to twice the value of the money, benefit, or profit that he embezzled, appropriated, or facilitated for another,” as these are supplementary penalties. Moreover, it is also established that the criterion for imposing dismissal from office in cases where legally permissible is that the person sentenced to dismissal committed the offence while holding office. Thereafter, his continued tenure until judgment, or the termination or expiry of his employment service, has no effect, because the benefit of imposing this penalty in the latter case is to prevent his re-employment for the period specified in the judgment, whether dismissal is temporary or absolute.