Kuwait Court of Cassation principle number 171

Summary: - Law No. 84 of 2003 amending certain provisions of Law No. 16 of 1960 promulgating the Penal Code. It made the offence of giving a cheque without funds for payment and capable of being cashed a misdemeanour after it had been a felony. Consequence thereof. A cassation appeal against a judgment rendered therein is not permissible. - The Public Prosecution’s institution of proceedings against the appellant for issuing a cheque in bad faith in favour of the victim while being a repeat offender. Effect thereof. The court may sentence the accused to imprisonment exceeding the prescribed maximum penalty, a penalty which brings the offence, as thus characterized, within the penalties prescribed for felonies. Consequence thereof. A cassation appeal against it is permissible. 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 offence of issuing a cheque without existing and disposable funds for payment a misdemeanour after it had been a felony, with the consequence that a cassation appeal against the judgment rendered therein was not permissible. However, the present proceedings were instituted by the Public Prosecution against the appellant on the characterization that he had issued, in bad faith, to the order of the female victim, a cheque without existing and disposable funds for payment while being a repeat offender, having previously been finally convicted in Case No. .... of 2012, Appeals. It requested that he be punished under Articles 86 and 237/1/a, 3 of the Penal Code, replaced, except for its last paragraph, by Article 1 of Law No. 84 of 2003 amending the Penal Code. For that offence as thus characterized, the court may sentence the accused to imprisonment exceeding the statutory maximum, provided that this maximum is not exceeded by more than half, pursuant to Article 86 of the Penal Code. The penalty that may be imposed thus reaches imprisonment for a term of up to four and a half years, a penalty bringing that offence, as thus characterized, within the penalties prescribed for felonies. Accordingly, a cassation appeal against the judgment rendered therein is permissible.