Kuwait Court of Cassation principle number 87

Summary: - The investigation record. May be relied upon against the person whose name is assumed therein. - The accused’s mere changing of his name in the investigation record. Does not constitute forgery if he intended merely to use the name of a fictitious person unknown to him and does not know that his knowledge is capable, in his belief, of causing harm to another. Reason: his right to defend himself. - Assuming the name of a person known to the perpetrator or likely to suffer harm thereby. Constitutes forgery of an official document. Rule: It is established that the investigation record is capable of being relied upon against the person whose name is assumed therein. However, the accused’s mere changing of his name in that record does not constitute forgery if he intended merely to use the name of a fictitious person unknown to him, since this falls within the scope of his right to defend himself, and so long as he does not know that his knowledge is capable, in his belief, of causing harm to another. If, however, the accused assumed the name of a person truly known to him or who might suffer harm as a result of the assumption of the name, this constitutes forgery of an official document—as in the present case. Accordingly, the appellant’s objection that the judgment erred in applying the law is unfounded.