KCC 145/2017

This case involved the sentencing of an individual who had failed to declare money at the airport. A change in the law had not come into force at the time the ruling was issued.

Background

The office of public prosecution accused a defendant of failing to declare cash at Kuwait airport. The office requested the court to penalize the defendant according to the relevant laws.

The court acquitted the defendant.

The office appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the defendant should be imprisoned for four months and that the cash should be confiscated.

The defendant appealed the ruling before the court of cassation.

Decision

The court said that the argument made by the defendant was invalid. The court said that the ruling was issued on 10/01/2017, namely before Kuwait Law No. 17/2017 came into force. The court said that the ruling therefore fell within the rules of Kuwait Law No. 40/1972. The court said that the rules of Article No. 15 of Kuwait Law No. 16/1960 could not be applied on the defendant’s case.

The court upheld the appealed ruling.