KCC 724/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Financial & Business Offences, General Criminal Procedure, General Criminal Law & Disposition of Offenders, Remedies
Copyright
LexisNexis
Decision date
6 Jun 2006
Catchwords
Stealing Money – Fabrication of Documents – Imprisonment – Deportation – Right in Defence – Causation – Damage – Kuwait Penal Code
A case involved an appeal against the punishment handed down by the court for the alleged fabrication of documents and theft of money.
Background
The public prosecution accused two defendants of stealing money and accused the second defendant of fabricating formal documents.
The court ruled that the first and second defendants be imprisoned for five years and be deported from Kuwait at the end of their imprisonment period.
The defendants appealed and the appeal court upheld the ruling.
The defendants appealed by cassation.
Decision
The cassation court rejected the appeal made by the first defendant. The second defendant argued that the ruling had violated his right in defence and had insufficient evidence of causation as he had maintained before the court that the fabrication of documents did not result in damage and thus the court should alleviate punishment.