KCC 619/2016
This case involved an individual accused of bribery. A key issue was whether the elements of the crime existed.
Background
The office of public prosecution accused a defendant of bribery. The office requested the court to penalize the defendant according to the relevant laws.
The court ruled that the defendant should be imprisoned for four years and that he should pay a fine of 10000 Dinars.
The office and the defendant appealed the ruling before the court of appeal. The court dismissed the appeals and upheld the appealed ruling.
The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that the elements of the crime had not been existed in the case.
Decision
The court said that this argument was invalid. The court said that the case documents revealed that the criminal element of the crime had not existed in the case. The court said that the defendant should be penalized according to Article 34 of Kuwait Law No. 31/1970.
The court dismissed the appeal and upheld the appealed ruling.