Kuwait Court of Cassation principle number 84

Summary: - The document constituting the subject of forgery: its nature: any writing containing signs conveying a coherent meaning communicated from one person to another upon reading it, and capable of being used to indicate a fact having legal effect. It is immaterial whether its writing consists of letters, numbers or conventional signs, provided it conveys a particular meaning upon being read. - All papers issued by a bank or its devices following cash withdrawals. Their import: those transactions were carried out by the account holder or his representative and immediately recorded in all bank documents prepared for that purpose. A fact having legal effect. - Statements and all other papers in which withdrawals are recorded are bank documents and papers capable of constituting the subject of forgery criminalized by Articles 257 and 259/1 of the Penal Code. Rule: A document capable of constituting the subject of forgery means any writing containing signs conveying a coherent meaning communicated from one person to another upon reading it, and capable of being used to indicate a fact having legal effect. It is thereafter immaterial whether the document’s writing consists of letters, numbers or conventional signs, provided it conveys a particular meaning upon being read. Automated withdrawal statements, transaction statements from banks’ point-of-sale devices, and all bank papers issued by the bank and its devices following cash withdrawals indicate that those transactions were carried out by the account holder or his representative and immediately recorded in all bank documents prepared to establish those transactions. This is a fact having legal effect. Accordingly, these statements and all other papers in which withdrawals are recorded are bank documents and papers capable of constituting the subject of forgery falling under Articles 257 and 259/1 of the Penal Code.